These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.
1. Who May Use the Services
You may use the Services only if you agree to form a binding contract with PredictSkill and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old, or in the case of use Sandbox Arena 13 years old, to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
You understand that through your use of the Services you consent to the collection and use of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by PredictSkill and its affiliates.
3. Using the Services
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
Placing a bet or gaming
It is your responsibility to ensure that the details of any transaction which you place are correct before confirming the bet.
We reserve the right to refuse the whole or part of any transaction requested by you at any time at our sole discretion. No transaction shall be deemed accepted until you receive a confirmation from us. If you did not receive a confirmation that your transaction has been accepted, you should contact Support.
You can place bets on the Services only by using the credit held in your account.
You can read the full betting guide and the rules applicable in various game modes in the Guide section.
Your License to Use the Services
PredictSkill gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PredictSkill, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the PredictSkill name or any of the PredictSkill trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of PredictSkill and its licensors. Any feedback, comments, or suggestions you may provide regarding PredictSkill, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Other Prohibited Activities
You must not use any abusive or aggressive language or images; swear, threaten, harass or abuse others, including other users, or behave in this manner towards the Company staff that operate or support the Website.
You shall not corrupt or flood the Website with information causing the Website to malfunction, nor shall you take any actions that may affect the functioning of the Website in any way, for example releasing or propagating viruses, worms, logic bombs or any similar actions. Any multiple submissions or "spam" are strictly prohibited. You must not interfere or tamper with, remove or otherwise alter in any way any information available on the Website.
You shall use the Website for personal entertainment only and you are not allowed to reproduce the Website or any of its parts in any form whatsoever without first obtaining our express consent.
You must not attempt to gain unauthorized access to the Website, the servers where the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or any similar type of attack. In case when this provision is breached we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material that you suffer as a result of using the Website or downloading any material posted on the Website, or on any website linked to the Website.
It is prohibited to sell or transfer accounts between players or to deliberately lose chips or games in order to transfer chips to another player. An intentional loss of the game or a chip occurs when you lose a hand or a game in order to transfer money to another user.
5. Disclaimers and Limitations of Liability
The Services are Available "AS-IS".
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “PredictSkill Entities” refers to PredictSkill, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE PREDICTSKILL ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The PredictSkill Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the PredictSkill Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PREDICTSKILL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PREDICTSKILL ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID PREDICTSKILL, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PREDICTSKILL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at predictskill.com/content/tos, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. PredictSkill failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.