Sports Challenge Network, Inc.
Effective July 1, 2019
NOTICE REGARDING DISPUTE RESOLUTION: These Terms provide that all disputes between you and SCN will be resolved by BINDING ARBITRATION, subject to limited exceptions, unless you opt out in accordance with the Arbitration Agreement Section below. Arbitration means YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement, and that tour rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the Arbitration Agreement Section below for details, including exceptions and opt-out procedures.
LINKS TO SPECIFIC TOPICS
- Acceptance of Terms Overview
- Additional Terms
- Changes to Terms
- Access to Sites and Applications
- License Grant
- Use of Sites and Applications
- Third-Party Software and Services
- Social Features
- Challenges Contests and Promotions
- Additional Terms for Paid Entry Contests
- Intellectual Property Rights
- Warranty Disclaimers
- Limitations of Liability
- Product Claims
- Arbitration Agreement
ACCEPTANCE OF TERMS
The Site and Application are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in these Terms. Your use of the Site or download and use of the Application and Services constitutes your agreement to all such terms, conditions, and notices. If you do not accept these Terms, you may not use the Site or download or use the Application.
Please note that your download and use of the Application is also subject to other license terms—namely, the Apple® App Store Terms of Services (the “App Store Terms”), if you are downloading and using the Application on an Apple device, and the Google Play™ Terms of Service (the “Google Play Terms”) if you are downloading and using the Application on an Android™ device, all of which are incorporated herein by this reference. The App Store Terms or the Google Play Terms, as applicable, are in addition to these Terms and in the event of any conflict, will prevail over these Terms.
As used in these Terms, “we,” “our” or “us” refers to SCN. “You,” “yours” or other similar designation refers to the person accessing or using the Site or Services.
CHANGES TO TERMS
SCN reserves the right to change these Terms at any time, and it is your responsibility to stay up-to-date with these Terms. We encourage you to review this web page periodically. Changes generally will be announced by posting on the Sites at least thirty (30) days before the effective date. If you have provided us with your email address, we also will notify you of material changes by sending an email to the address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the new Terms, you should stop using our Sites and Services, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at support@XBowling.com or support@SCNSports.com and you will not be bound by the new Terms. Otherwise, the new terms will take effect after thirty (30) days. Your use or continued use of the Site or Application following the posting of any changes to these Terms shall constitute your acceptance of the changed Terms. Our employees do not have the right to modify these Terms orally or otherwise. If any employee of SCN offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for SCN or speaking on our behalf.
ACCESS TO SITES AND APPLICATION
Subject to specific terms related to PECs, the Site and Application are only available to and intended to be accessed by individuals who (i) may legally receive and use products of U.S. origin, including, without limitation, services and software; (ii) are at least 13 years of age (provided, however, that if you are between the ages of 13 and 17, you may only access and use the Site and the Application if your legal guardian reviews and agrees to these Terms and monitors your use of the Site and Services); (iii) have a valid account on the social networking service (“SNS”) through which you connect to the Site or the Application, if any; and (iv) have an account with the applications provider for your mobile device. You agree to be bound by any affirmance, assent or agreement you transmit to SCN using the Site or the Application, including, without limitation, your consent to receive communications from SCN through electronic transmission. When you click “I agree”, “I consent”, “confirm”, or other similarly worded button or entry field in the Application to confirm that you want to continue with a selected action (including, without limitation, in-Application purchases or entry into Challenges or other contests), your agreement or consent is legally binding and enforceable and equivalent of your handwritten signature.
SCN Services require access to the Internet, typically through a cellular data network or a local Wi-Fi network. The quality of your Services may vary depending on the strength and consistency of your wireless connection. If your bowling center has Wi-Fi, we recommend that you connect to it since it can be challenging to get a good cellular signal within metal-framed buildings such as bowling centers. In any case, we are not responsible for the quality of your Internet access, and we make no representations or warranties about the quality of your experience on your device. Further, a poor Internet connection may result in a poor experience, and it is solely your responsibility to establish a quality Internet connection. The time it takes to launch the Site or Application, or to update screens within the Site or Application will vary based on a number of factors, including your location, available bandwidth at the time, and the configuration of your device. The availability of Services will change from time to time. The quality of the display of bowling scores, challenges, and other Site and Application functions may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Availability is subject to your Internet service and device capabilities. You are responsible for all Internet access charges. Please check with your Internet or cellular provider for information on possible Internet data usage charges.
SCN grants you a limited, revocable, nonexclusive, nontransferable license to (i) access and use the Site for the limited purpose of gathering information about SCN and its products and services and to participate in the products and services made available to you on the Site in connection with your use of the Application; and (ii) to install and use the Application on a single mobile device owned and controlled by you that runs the proper operating system software for the version of the Application you download (each, a “Device”), and to access and use the Application on such Device strictly in accordance with these Terms.
You may not download (other than page caching) the Site, or any portion of it, except with the express written consent of SCN. You also may not copy, reproduce, modify, publish, distribute, transmit, transfer, decompile, reverse engineer, disassemble, create derivative works from, modify, adapt improve, enhance, translate, rent lease, lend, sublicense or transfer any portion of the Site or the Application or any materials contained on the Site (including, without limitation, computer programs or other code) or the Application. You must abide by, and may not remove, all trademark and copyright notices, information, or restrictions contained in or attached to any content or portion of the Site or the Application. You also may not (i) make the Application available over a network or other environment permitting access or use by multiple Devices or users at the same time; (ii) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software we offer; or (iii) use any of our proprietary information or interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
Your license to access and use the Site and the Application does not include any resale or commercial use of the Site, the Application or its contents; any collection and use of any service or program listings or descriptions; any downloading or copying of information distributed by SCN on the Site or the Application for the benefit of another person or company; or any use of data mining, robots, or similar data gathering and extraction tools, all of which is expressly prohibited. The Site or any portion of the Site or Application may not be visited or otherwise exploited for any commercial purpose other than your personal purposes without our express written consent.
We may change, suspend or discontinue any aspect of the Site or the Application at any time, including the availability of any Site or Application feature, database or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Site or the Application without notice or liability. Neither we nor our licensors (including Apple and Google) have any obligation to provide any maintenance and support services with respect to the Site or the Application, except as may be required by applicable law.
None of SCN, Apple or Google warrants that the Application will be compatible or interoperable with your Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Device, including, without limitation any equipment used or installed at bowling centers that participate with SCN in the Application and associated services. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Device to diminish or fail completely, may result in permanent the damage to your Device, loss of the data located on your Device, and corruption of the software and files located on your Device. You acknowledge and agree that SCN and its affiliates, partners, suppliers and licensors (including, without limitation, Apple and Google) shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems. You further acknowledge and agree that neither Apple nor Google is responsible for the operation of the Application or its compliance with regulatory standards.
USE OF SITES AND APPLICATIONS
As a condition of your use of the Site and Application, you warrant to SCN that you will not use the Site or Application for any purpose that is unlawful or prohibited by these Terms. You may not use the Site or Application in any manner that could damage, disable, overburden, or impair the Site or the Application or interfere with any other party’s use and enjoyment of the Site or the Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the Application.
You further represent, warrant and covenant that you will not upload, post or transmit to or distribute or otherwise publish through the Site (including, without limitation, any Social Features, as defined below) or the Application any materials, User Content or Submissions (each as defined below) that (i) restrict or inhibit any other user from using and enjoying the Site or the Application, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent (including via use of asterisks or other masking characters to disguise profane or obscene words), (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising, promotions or solicitations of any kind, (viii) constitute or contain false or misleading indications of origin or statements of fact; (ix) include advanced fonts, java, tables, html or other programming codes or commands in messages.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that someone has been using your copyrighted content without your authorization, please see our Copyright Policy.
Some of the services provided on the Site or associated with the Application require you to register and create an account with us under a username you select. To protect your privacy, you should not use your real name when selecting a username, nor may you use the real name of another person. You agree to provide and maintain your account with accurate and complete information about yourself as prompted by the Site or Application. By providing us with such information, you authorize us and our third party agents to make any inquiries we consider necessary to confirm such information. You will not impersonate any third party or misrepresent your identity or affiliation with any third party, including using another person’s account information, or another person’s name, likeness, voice, image or photograph.
You are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer and your account. We may, in our discretion, allow you to authorize additional users on your account. You are responsible for all activities that occur under your account, and we will not be liable for any actions by any other individual that uses your account (including, without limitation, any other authorized users), identity or personal information with or without your consent or knowledge. You also agree to notify us promptly of any unauthorized use of your account, account information, identity, or personal information, or other breach of security that you become aware of involving or relating to the Site or the Application. You agree to exit from your account or the Application at the end of each session.
We do not get involved in disputes over who owns an account. You will not request access to or information about an account that is not yours, and you must resolve any account-related disputes directly with the other party. We decide who owns an account based solely on the information provided in connection with or in that account, and if multiple people are identified in the content, then we will rely on the contact information listed for that account.
By posting, uploading, inputting, providing or submitting any information, data or materials or engaging in any other form of communication, including, without limitation, any User Content, as defined below (individually or collectively “Submissions”) to or through the Site or the Application, you grant SCN and its affiliated companies and necessary sub-licensees a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Submissions, in all media now known or hereafter developed, unless otherwise prohibited by the terms of these Terms or any applicable federal, state or local law or regulation (including, without limitation, any regulation applicable to the Application). You hereby waive all rights to any claim against SCN for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with SCN’s authorized use of such Submissions. Except as otherwise set forth in these Terms, the Submissions will be treated as being non-confidential and nonproprietary, and SCN assumes no obligation to protect confidential or proprietary information from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Submissions.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described herein, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such Submission. You acknowledge that, by submitting Submissions through the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and SCN other than pursuant to these Terms or as established by applicable federal, state or local law or regulations.
THIRD PARTY SOFTWARE AND SERVICES
The Application may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be “open source” or “publicly available” software.
The Site and Application may also contain links to, or incorporate or utilize, other websites, services, advertisements, promotions, information, materials or social media tools, SNS owned or maintained by third parties (collectively, “Third Party Services”). The Third Party Services are not under the control of SCN, and SCN is not responsible for the contents of any Third Party Service, including without limitation any link contained in a Third Party Service, or any changes or updates to a Third Party Service. We do not guarantee or attest to the accuracy and completeness of the information obtained through these Third Party Services. Accordingly, SCN will not be held liable for decisions made based upon information on these Third Party Services, and your use and access of the Third Party Services is at your sole risk. We are not responsible for web casting or any other form of transmission received from any Third Party Service. We are providing these links and services to you only as a convenience and as an enhancement to the Site, the Application and our services, and the inclusion of any link does not imply endorsement by SCN of the site or any association with its operators, as we have no control over the quality, accuracy or comprehensiveness of the information obtained. You agree to abide by the terms and conditions of any applicable Third Party Services and acknowledge that these Terms do not grant you any copyright, trademark, patent or other intellectual property right in the Third Party Services or any products, services, processes or technology described or offered therein.
We may terminate any Third Party Service’s ability to interact with the Site or the Services at any time, with or without notice, and in our sole discretion, with no liability to you or to the third party. Any Third Party Service may take actions to impact our ability to make available some or all of the features of the Site or the Services at any time, with or without notice, and we will not be liable to you or to the third party for any such actions.
As a convenience to our users, SCN provides or may provide, at its sole discretion and via the Site or the Application, one or more chat areas, message boards, e-mail functions, messaging services, file communities, virtual communities featuring digital or Virtual Items, polls, surveys, user to user games, and other services (collectively, the “Social Features”). Social Features are provided by SCN to you and other users of the Site and the Application, subject to these Terms. SCN has no control over any user-generated content, information, and materials of any kind or nature posted in or submitted to the Social Features sections of the Site or Application (collectively, “User Content”), and the user posting or submitting such User Content is responsible for the reliability, accuracy and truthfulness of such User Content. You acknowledge that the User Content may contain material or information that you or other users find offensive, distasteful or otherwise unacceptable, and you hereby release SCN from any responsibility for such material. SCN does not and cannot review every message posted by users on the Site or the Application, and is not responsible for the content of these messages or the views or opinions expressed by its users. We reserve the right to, but are not obligated to, delete, move or edit User Content, in whole or in part, submitted by users to us for any reason. We do not assume any obligation to monitor the Social Features or remove any specific material.
You are entirely responsible and liable for all activities conducted by you or any person accessing the Site or Application via your account within the Social Features, including the transmission, posting, or other provision of User Content to any portion of the Social Features. Your use of the Social Features is subject to all of the terms and conditions of these Terms, including the restrictions set forth above under “Use of Site and Application.” In addition to such restrictions, you agree not to do any of the following actions while using any of the Social Features:
- Attack (flame or “cyberbully”) individuals, companies or products, although you are otherwise welcome to offer your opinions or comments on the subject at hand;
- Post topics on message boards, on the Site or Application, or within any of the Social Features, that are unrelated to the subject of the Site or Application;
- Share personal information (your name, phone number, home address, password, etc.) with others on the Site or using the Application.
Any violation of these Terms may result in SCN terminating or suspending your access to Social Features on a temporary or permanent basis, as determined by SCN in its sole discretion.
Information disclosed in Social Features is, by design, disclosed to the public via the Site and the Services. We are not responsible for any information you choose to disclose to others via the Social Features. We reserve the right, but not the obligation, to remove any posts for any reason. Without in any way limiting the generality of the “Submissions” paragraph, above, by posting or uploading User Content to any Social Feature or submitting any other User Content to SCN, you automatically grant (or warrant that the owner of such rights has expressly granted) SCN a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such materials or incorporate such User Content into any form, medium, or technology now known or hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person’s so-called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.
You understand that the uploading to or posting of any User Content in any Social Feature is not subject to any obligation of confidence on the part of SCN, and SCN shall not be liable for any use or disclosure of any User Content. Without limitation of the foregoing, SCN shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the User Content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the User Content.
From time to time, we may offer users the opportunity to create or acquire digital or virtual items or assets (collectively, “Virtual Items”). Such opportunities are considered Social Features, but such Virtual Items also involve additional considerations. In particular: (1) you agree and acknowledge that (i) you are granted a limited, non-exclusive license to use the Virtual Items in connection with, and solely as a part of, your use of the Site and Application and then only for the duration permitted by us; (ii) you shall have no ownership or property right, title, or interest in or expectation of the Virtual Items; and (iii) any use of the Virtual Items other than as permitted by these Terms will constitute a violation of these Terms and may constitute copyright infringement; (2) any modifications, combinations, alterations or other changes that you make to any Virtual Items (“Alterations”) shall be deemed to be for the benefit of SCN, and you hereby grant, transfer, sell and assign all right, title and interest to SCN any and all rights, title or interest in and to such Alterations and all proceeds derived from the Alterations or in connection with such Alterations, with the right to make such changes therein and such uses and disposition thereof, in whole or in part, as SCN may from time to time determine as the author and owner thereof, together with all neighboring, rental, lending, fixation, reproduction, distribution and any and all other ownership and exploitation rights now or hereafter recognized in any territory, by any and all means, media, devices, processes and technology, and all rights generally known as the “moral rights of authors”; and (3) Virtual Items have no cash value and may not be redeemed for cash and may not be sold, auctioned, bartered, brokered, purchased outside of the Site or the Application or used to engage in any gambling activity. Any Virtual Items obtained in this manner by any person or entity will be considered to have been fraudulently obtained and deemed void. For all other purposes of these Terms, Alterations shall be considered User Content.
By registering for an account, you agree that SCN may display your username throughout the Site, including, but not limited to, areas such as leader boards, individual tournament records, message boards, chat rooms, and other similar Social Features. By accepting any prize from the Site, you agree to allow SCN to print, publish, broadcast and use, and to authorize its affiliates and distributors to print, publish, broadcast and use, on a worldwide basis, in any and all media now known or hereafter devised, your name, picture, voice, likeness, statements, biographical information, a description of the prize(s) you won and any other personal characteristics for any purpose, including without limitation, promotional or related purposes without additional compensation, and you release SCN from any liability with respect thereto.
CHALLENGES, CONTESTS AND PROMOTIONS
The Application and Sites may provide users the opportunity to participate in various single person challenges and multi-person contests (collectively Paid Entry Contests or PECs) or promotions. While you may participate in certain promotions for free, most PECs require that you pay an entry fee in order to participate. An entry fee is paid from your XBowling account balance.
By participating in PECs, you have the opportunity to win prizes. The prize(s) for any individual Challenge or Contest will be announced in advance in the XBowling lobby by clicking here, along with other details about the challenge or Contest.
Your ability to win a Challenge or Contest is dependent on a number of factors, including, without limitation, the Challenge(s) you select or enter, your skill in achieving the required criteria for a particular Challenge, and the skill of other players or users that may be participating in a Contest. Challenges and Contests are subject to all applicable laws, and currently are not offered in AK or AZ.
Apart from any PEC, SCN also may also offer Bonus Credits (sometimes referred to as “XB Cash”) to users who participate in various activities, such as inviting a friend to register for an account with us, or as special promotions or loyalty rewards for achieving certain levels of play or achievement. XB Cash is (a) awarded only for taking the invited actions, not based on the outcome of any PEC, (b) not transferable between accounts, (c) not for resale or other redistribution by recipients, and (c) has no cash redemption value. XB Cash may be used only within the recipient’s Account as a form of payment for entry into subsequent PECs offered via the Sites or Application, or as otherwise authorized by SCN from time to time, and not for any other purpose.
SCN may adjust XB Cash and other Account balances to correct computing errors, and SCN may suspend or terminate your access to any item(s) in your account if you violate these Terms. SCN further reserves the right to modify or eliminate the XB Cash feature at any time by posting a notice on this Site, in the Application, or via email to our users.
You are responsible for any and all taxes associated with your receipt of any prizes or other rewards available in connection with the Application, any Challenge, any Contest(s) or other promotional offer(s).
Please note that certain PECs or promotions offered via the Sites or the Application may be governed by a separate set of rules that, in addition to describing such PEC or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. All of such rules will be posted on the Site as and when available in the XBowling lobby, accessible here. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such Contest, Challenge, or other promotion, you agree to comply with and abide by such rules and the decisions of the judge(s) identified therein, which shall be final and binding in all respects.
Additional Terms for Paid Entry Contests
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with the terms in this section.
- PEC ENTRY. Users will be able to visit the Service and view the PECs. Each individual PEC that is not free to enter has an entry fee listed in U.S. dollars. When you select to participate in a PEC and complete the entry process, the listed amount of U.S. dollars will be debited from your User Account to pay the entry fee.
- LEGALITY. You are subject to all laws of the jurisdiction in which you reside and from which you access the Services and you are solely responsible for obeying those laws. The PECs are void where prohibited by law. You agree SCN cannot be held liable if laws applicable to you restrict or prohibit your participation in the Services or a PEC. SCN makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services or a PEC nor shall any person affiliated, or claiming affiliation, with SCN have authority to make any such representations or warranties. SCN reserves the right to monitor the location from which you access the Services or a PEC and to block access from any jurisdiction in which participation is unlawful or restricted.
- REFUND POLICY. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting a PEC entry, the entry will be deemed submitted by the person in whose name the account was registered. In the event of a dispute regarding scores submitted to the PECs, the ruling and decision of SCN shall be final and binding in all respects.
- CONTEST OF SKILL. PECs offered on the Service are contests of skill. Winners are determined by the objective criteria stated in each PEC’s deadline, rules, scoring and any other applicable documentation associated with the PEC. For each PEC, rules and criteria will be clearly displayed in the Contest lobby. These rules and criteria may include but are not limited to:
- SCN’s contact information as the PEC sponsor;
- An estimate of the number of players expected to participate in the Contest;
- The dates the Contest will run, and the date the winner will be determined;
- A description of the actions required to compete in the PEC (e.g., bowl one game, three games, etc.)
- The methods of determining the PEC winner
- Tie-breaking procedures
- Eligibility requirements to participate in the PEC
Winners are determined based on the participants’ use of skill in the game of bowling to accumulate the highest game and/or series scores or other such forms of competition that may use a bowler’s scores.
- RULES AND CONDITIONS OF PARTICIPATION. By entering a PEC, entrants agree to be bound by these Terms and the decisions of SCN, which shall be final and binding in all respects. SCN, at its sole discretion, may disqualify any entrant from a PEC, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct SCN deems to be improper, unfair or otherwise adverse to the operation of the PEC or is in any way detrimental to other entrants. Improper conduct includes, but is not limited to:
- Violating the rules of the sport of bowling. All participants must adhere to the current rules of bowling, which are described in the United States Bowling Congress 2014-2015 Playing Rules, found here: http://www.bowl.com/Rules/Rules_Home/USBC_Playing_Rules . Violation of any rule of the sport of bowling
- Falsifying personal information required to enter a PEC or claim a prize;
- Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a PEC or claim a prize;
- Colluding with any other individual(s) or engaging in any type of syndicate play;
- Purposely bowling below the User’s ability in order to attain a lower league bowling average score in the most recent 60-day or 180-day period.
- Any violation of PEC rules or these Terms;
- Accumulating points or prizes through unauthorized methods such as automated scripts, bots, or other automated means;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Services or of any User for any purpose.
- Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
- Tampering with the administration of a PEC or trying to in any way tamper with the computer programs or any security measure associated with a PEC; Obtaining other entrants information and spamming other entrants; or abusing the Services in any way.
- Attempting to enter any individual PEC more than one (1) time.
- Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent SCN from pursuing criminal or civil proceedings in connection with such conduct.
- SCN offers PECs to bowlers competing in organized leagues and SCN pre-approved USBC sanctioned tournaments. The PECs generally take place on a single day or week, but may also take place over longer periods of time (the “PEC Period”). Participants’ scores are tracked by the SCN Services; however, SCN may require the participants to comply with additional score verification steps, including but not limited to, requesting photographs of scores, requesting printouts of scores, requesting third-party verbal or written verification or signed declaration documents, and agreeing to use the Services’ location services.
- By entering into a PEC or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless SCN, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the ” Released Parties “), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the PEC, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. SCN may, in its sole and absolute discretion, require an Authorized Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any prize or receiving any payout.
- SCN is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, 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 a PEC), including without limitation any injury or damage to any entrant’s or any other person’s computer or video equipment relating to or resulting from participation in a PEC; inability to access the Services, or any web pages that are part of or related to the Services; 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, postal issues, 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 Services or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
- SCN is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a PEC is not capable of running as originally planned, or if a PEC, computer application, or Services associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a PEC in accordance with these Terms or applicable PEC rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of SCN corrupts or affects the administration, security, fairness, integrity, or proper conduct of a PEC, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the PEC, and seek to determine the winner(s) in a fair and equitable manner, if possible, in the given circumstances, or to cancel the PEC and refund all entry fees if necessary. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Services.
- ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF ANY PEC IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SCN RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- All entries become the property of SCN and will not be acknowledged or returned.
- To be eligible to enter any PEC or receive any prize, the Authorized Account Holder may be required to provide SCN with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, SCN will, in its sole and absolute discretion, utilize certain information collected by SCN to assist in verifying the identity and/or eligibility of such Authorized Account Holder.
- Participation in each PEC must be made only as specified in these Terms. Failure to comply with these Terms will result in disqualification and, if applicable, prize forfeiture.
- Where legal, both entrants and winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any PEC or the Services. Winners agree to make themselves available to SCN for publicity, advertising, and promotion activities from the date of notification by SCN of their status as a potential winner and continuing until such time when SCN informs them that they no longer needed.
- SCN reserves the right to move entrants from the PECs they have entered to substantially similar PECs in certain situations determined by SCN in its sole discretion.
- PEC RESULTS AND PRIZES. After each PEC Period ends, the tentative winners are announced but remain subject to final verification. SCN uses an array of score validation and certification measures. Some measures are real-time and some occur after the PEC has ended. To the extent that SCN offers ‘live’ scores or statistics, all ‘live’ statistics and other information provided through the SCN Services and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our PECs. While SCN and the third parties used to provide the SCN Services use reasonable efforts to include accurate and up-to-date information, neither SCN nor its third party providers warrant or make any representations of any kind with respect to the information provided through the SCN Services and related information sources. SCN and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the SCN Services. SCN will only award prizes if a PEC is run. SCN reserves the right to cancel PECs at any time, for any reason, in our sole and absolute discretion. SCN will use reasonable efforts as and to the extent practicable under the circumstances to provide advance notice of cancellation to participants. In the event of a cancellation, all entry fees will be refunded to the participants, except as specifically provided in these Terms and any other rules for the affected PEC. The scoring results of a PEC will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates, except in SCN’ sole discretion. In the event of a tie, the prize will be divided evenly between the tied players, unless otherwise specified.
- The PEC prizes and maximum number of participants for each PEC are pre-determined by SCN in its sole discretion. Prize amounts are not calculated based on entry fees and do not vary based on the actual or registered number of entrants into the PEC.
- PEC prizes will be published with the creation of each new PEC. SCN reserves the right, in its sole discretion, to cancel or suspend the PECs (or any portion thereof) should any virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the PEC (or any portion thereof). We will use reasonable efforts as and to the extent practicable under the circumstances to provide advance notice to participants of cancellation or suspension for these reason and all entry fees will be refunded to the participants, except as specifically provided in these Terms.
- No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the PEC is challenged by any legal authority, SCN reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of a PEC winner, SCN is the sole judge and its actions are final and binding.
- PAYMENT AND WITHDRAWAL OF PRIZES. The identities of PEC winners will be posted on the Services. Additionally, SCN will contact winners through the email address they provided to create their User Account.
- Entrants may withdraw their cash prize awards using the “Withdrawal” option on the Services. Entrant may also withdraw cash deposits by using the “Withdrawal” option on the Services. Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification including but not limited to, a Driver’s License, Proof of Residence, and/or any information relating to payment/deposit accounts as reasonably requested by SCN in order to complete the Withdrawal of prizes. Failure to provide required information may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined that a PEC entrant did not comply with these Terms in any manner.
- Checks for Withdrawal requests are processed within 14 business days, and are sent via U.S. Mail or through email if echeck. Promotional deposits, credits, and other bonuses may not be withdrawn from a SCN account unless appropriate terms of the promotion are achieved first by the user.
- TAXATION. All federal, state, and local taxes associated with the receipt of any prize are the sole responsibility of the winner. . All persons who receive $600 or more in prizes or other rewards during the same calendar year must provide address and social security details to: SCN, Inc. 1862 Auburn Road; Suite 118; Dacula, GA 30019. These details will be used to file a 1099-MISC with the Internal Revenue Service.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all of the content on the Site and in the Application is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by SCN or its licensors, including Apple and Google. Furthermore, you acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are our intellectual property and proprietary and confidential information and our affiliates, licensors and suppliers. Except as expressly stated in these Terms, you are not granted any intellectual property rights in or to the Site or the Application by implication, estoppel or other legal theory, and we reserve all rights in and to the Site or the Application not expressly granted in these Terms.
You acknowledge and agree that SCN®, XBOWLING®, XB LIVE™ and XBOWLING LIVE™ and their related logos and all related product and service names, design marks and slogans are trademarks and service marks (collectively, the “SCN Marks”) are owned by us, and acknowledge that some of the SCN Marks are registered in the U.S.. You are not authorized to use the SCN Marks in any advertising, publicity or in any other commercial manner without the prior written consent of SCN, which may be withheld for any or no reason. Without limiting the generality of the foregoing, you may not frame or utilize framing techniques to enclose any trademark, logo, copyright or other proprietary information (including images, text, page layout, or form) of the Site or Application without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the name, domain name or trademarks of SCN without the express written consent of SCN. Any unauthorized use terminates the permission or license granted by SCN.
You and we acknowledge and agree that, in the event of a third party claim that the Application or your possession or use of the Application infringes any third party’s intellectual property rights, you (and not SCN, Apple or Google) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify us in writing of such a claim.
Digital Millennium Copyright Act (“DMCA”) Policy
SCN will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.
If you believe your copyright has been infringed, you should submit notice to:
Sports Challenge Network
1862 Auburn Road, #118
Dacula, GA 30019
Any such notice should include the following:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Georgia, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
THE SITE AND THE INFORMATION, SOFTWARE (INCLUDING, WITHOUT LIMITATION, THE APPLICATION), PRODUCTS, SERVICES, CONTENTS, GRAPHICS, MERCHANDISE, REWARDS, DOCUMENTS AND OTHER ELEMENTS INCLUDED IN OR AVAILABLE THROUGH THE SITE OR THE APPLICATION (COLLECTIVELY, THE “CONTENTS”) MAY INCLUDE INACCURACIES OR ERRORS. WE MAKE NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE, THE APPLICATION OR ITS CONTENTS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENTS OF THIS SITE AND THE APPLICATION. WE MAY, IN OUR SOLE DISCRETION, MAKE IMPROVEMENTS, DELETIONS, OR OTHER CHANGES IN THE SITE, THE APPLICATION AND THE CONTENTS HEREOF, INCLUDING WITHOUT LIMITATION THE AVAILABILITY OF ANY SITE OR APPLICATION FEATURE, SOFTWARE, DATABASE OR CONTENT, AT ANY TIME WITHOUT NOTICE; PROVIDED, HOWEVER, THAT WE SHALL BE UNDER NO OBLIGATION TO DO SO. WE MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND APPLICATION OR RESTRICT YOUR ACCESS TO THE SITE OR TO PORTIONS OF IT OR THE APPLICATION WITHOUT NOTICE OR LIABILITY.
IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM SCN AT: email@example.com.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE OR THE CONTENTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENTS (INCLUDING, WITHOUT LIMITATION, ALL MERCHANDISE OR OTHER REWARDS OFFERED VIA THE SITE OR THE APPLICATION) ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND SCN AND ITS SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SITE, THE CONTENTS AND ANY THIRD PARTY SERVICE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, ITS CONTENTS AND ANY THIRD PARTY SERVICE. WE DO NOT WARRANT THAT ANY MATERIAL OR FUNCTIONS IN THE SITE OR APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR THE USE OR PERFORMANCE OF THE SITE OR THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENTS OR ANY ERRORS CONTAINED THEREIN.
LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCN OR ITS SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH IN ANY WAY THE SITE, ITS CONTENTS, THE APPLICATION OR ANY THIRD PARTY SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OR THIRD PARTIES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE APPLICATION OR ANY OF THE TERMS OR CONDITIONS CONTAINED IN THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE APPLICATION.
EXCEPTIONS TO DISCLAIMERS AND EXCLUSIONS OF DAMAGES
If you live in a jurisdiction that does not allow disclaimer of warranties or exclusion of damages, the foregoing disclaimers and exclusions may not apply to you. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
We are not liable or responsible for any delays or failure in performance of any part of the Site or the Application due to any cause beyond our control, including, without limitation, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
You agree that SCN has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that they reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that they form an essential basis of the bargain between the parties.
Any cause of action you may have with respect to your use of the Site or the Application must be commenced within one (1) year after the claim or cause of action arises. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees.
TERMINATION / RESTRICTION
The licenses granted in these Terms are effective until termination. We reserve the right, in our sole discretion, to suspend the Site, the Social Features, the Application, or your use thereof, or terminate these Terms or your access to the Site and the related services (including, without limitation, the Social Features), the Application or any portion thereof at any time, without notice, for any reason, including, without limitation, for your violation of any of its provisions. The Intellectual Property Rights, Warranty Disclaimer, Limitations of Liability, Submissions, Indemnification and General sections of these Terms shall survive any such termination.
You hereby agree to indemnify, defend and hold SCN and all its directors, officers, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties (including, without limitation, reasonable attorneys’ fees and costs) in connection with any claim arising out of or related to (i) your Submissions as provided to SCN, (ii) any breach by you of these Terms, the App Store Terms or the Google Play Terms; (iii) your access to or use of the Application, Third Party Software or Third Party Services; (iv) your violation of law; (v) your negligence or willful misconduct; or (vi) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. You shall cooperate as fully as reasonably required in the defense of any claim. SCN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of SCN.
In addition, you acknowledge and agree that we have the right to seek damages when you use the Site or the Application for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of these Terms, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the Site or the Application, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
You acknowledge that you (not SCN, Apple or Google) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify SCN of any third party claims relating to the Application of which you become aware. Furthermore, to the maximum extent permitted by applicable law, you hereby release SCN, Apple and Google from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of this Site is Sports Challenge Network, Inc., 1862 Aubrurn Road, #118, Dacula, GA 30019. To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the above address or contact SCN via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
Initial Dispute Resolution
We are available by email at [firstname.lastname@example.org ] to address any concerns you may have regarding your use of the Sites or Application. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Binding Arbitration Agreement
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Initial Dispute Resolution Section above, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by JAMS on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.
The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Waymark will pay the additional cost. A request for payment of fees should be submitted to JAMS along with your form for initiating the arbitration, and SCN will make arrangements to pay all necessary fees directly to JAMS. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following address: 1862 Auburn Road, #118, Dacula, Georgia 30019.. The notice must be sent within thirty (30) days of registering to use any of the Sites or the Application, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, SCN also will not be bound by them.
Exclusive Venue for Litigation
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Atlanta, Georgia (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Atlanta, Georgia for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Atlanta, Georgia for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Atlanta, Georgia over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Sites or Application, and (b) any acts or omissions of SCN or any related entity or person in connection with these Terms or the Sites or Application.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF GEORGIA APPLICABLE TO CONTRACTS MADE AND PERFORMED THERE WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The Site, the Application and the software used to provide the Site and the Application, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users: (1) only as Commercial Items, (2) with the same rights as all other end users, and (3) according to the Terms. Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Sports Challenge Network, LLC, 1862 Auburn Road, Suite 118, Dacula, Georgia 30019.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that You will not use the Application for any purposes prohibited by United States law.
None of this Agreement, your account or your obligations or rights hereunder may be transferred or assigned by you without our prior written consent, and any attempted assignment, transfer or other disposition by you in violation of this provision will be null, void and of no force and effect. We may freely assign this Agreement without your consent. This Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Apple, Google and their respective subsidiaries are express third party beneficiaries of these Terms and shall have the right to enforce these Terms against you in such capacity. Except as set forth in the preceding sentence, nothing contained in this License are intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. Time is of the essence.
 Apple is a trademark of Apple, Inc., registered in the U.S. and other countries.
 Google Play is a trademark of Google Inc.
 Android is a trademark of Google Inc.
SPORTS CHALLENGE NETWORK, INC.
1862 Auburn Rd #118
Dacula, GA 30019