TERMS OF SERVICE

MIH NETWORK TERMS OF SERVICE

Last Revised on June 12, 2024

Welcome to the Terms of Service (these “Terms”) for the mobile application called Road Run Down (the “App”), its related website [website link] (“Website”), operated by or on behalf of Make It Happen Network LLC, doing business as MIH Network, a Michigan limited liability company (“Company”, “we” or “us”). The Website, the App, and any content, tools, features and functionality offered on or through our Website and the App are collectively referred to as the “Services”.

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, you may not use the Services. We reserve the right to alter these Terms of Service at our sole discretion and without prior notice. Any changes to the Terms will be posted on our website or within the app itself. You are responsible for regularly reviewing the Terms for any updates or modifications. Your continued use of our Services after any changes to the Terms constitutes your acceptance of those modified Terms. If you do not agree with or do not understand any updated Terms, you must discontinue using our Services immediately.

For purposes of these Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” and “your” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

In the event that you violate our Terms of Service, we reserve the right to take appropriate measures against your account. Such actions may include, but are not limited to, the termination or suspension of your account access and privileges.

You understand and agree that in cases where your account is involuntarily suspended or terminated due to a breach of our policies, including of these Terms, we are under no obligation to provide reimbursements, refunds, or compensation for any Services or features you can no longer access as a result. The loss of Services (and any other losses) stemming from an account suspension or termination enforced by us will be solely borne by you.

Section 10 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes (unless otherwise required by law) related to the Company’s Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions, as set forth below. You have the right to opt-out of the arbitration clause and the class action waiver as explained in Section 10. IF YOU ARE IN THE EURIPOEAN ECONOMIC AREA (“EEA”), OR A COUNTRY THAT DOES NOT ALLOW SUCH ARBITRATION AGREEMENT, SECTION 10 DOES NOT APPLY TO YOU.

TABLE OF CONTENTS

Section Page

1……… Who May Use the Services. 2

2……… User Accounts. 2

3……… Description of the app. 3

4……… Prizes and Winnings. 3

5……… Privacy Policy.. 6

6……… Rights We Grant You and your responsibilities. 6

7……… Ownership and Content.. 9

8……… Third Party Services and Materials. 11

9……… Disclaimers, Limitations of Liability and Indemnification.. 12

10……. ARBITRATION AND CLASS ACTION WAIVER.. 15

11……. Additional Provisions. 17

1. Who May Use the Services

Name: Road Run Down
Brand: Road Run Down
Rating: 5 (1 reviews)

1.1 FREE GAMEPLAY – Free gameplay will be open to all users who are not considered a “Child” under applicable law. A child is defined by us as persons under 13 years old or the age needed to consent to the processing of personal date in that region.

1.2 PAID GAMEPLAY – To use our paid game play Services, you must be (a) eighteen (18) years of age or older and (b) reside in a jurisdiction in which your use of the Services is not restricted by that jurisdiction’s laws. By using the paid game play Services, you represent and warrant that you meet these requirements and any misrepresentation in that regard is a breach of these Terms.

2. User Accounts

2.1 Creating and Safeguarding your Account. To use the Services, you need to create an account or link another account, such as your Apple, Facebook or Google account (“Account”). Upon creation of y our account you will be required to provide a photo of the User along with the User’s photo ID. Account access also requires access to a supported device and an internet connection. You must provide accurate, complete, and updated information for your Account. You can access, edit and update your Account by going to your profile page in the App. You are solely responsible for any activity associated with your Account and for maintaining the confidentiality and security of your password. You agree that you will not disclose your Account password to anyone. We are not liable for any acts or omissions by you in connection with your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. You must immediately notify us at _____________ if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. You agree not to create any Account if we have previously removed your Account, or if we previously banned you from any of our Services, unless we provide written consent otherwise.

3. Description of the app.

3.1 In General. The App offers players the opportunity to compete in a real-world car photographing and spotting competition, (“Contests”). Subject to the specific rules, time limits, and restriction of each Contest, players will have to take pictures of specific cars and submit them to complete a checklist. In general, players will earn more points for completeness, accuracy, and speed.

3.2 Games of Skill. Each Contest offered within the App is designed as a game of skill that rewards the top performing players with the highest score or scores. A “game of skill” is defined as a game where the outcome is determined predominantly by the skill, ability, knowledge, dexterity, or mental or physical adroitness of the player, rather than by pure chance or luck. Skills used in the determination of the winner in the Contest depend on the specific nature of the Contest, and include dexterity, hand-eye coordination, strategy, logic, speed, game mechanics knowledge, car industry knowledge, and geographic knowledge (where applicable). Each player is presented with identical playing conditions at the start of the game or contest, meaning that comparative skill is the sole determining factor.

3.3 Contest Types and Description.

(a) Each Contest offered via the Services will include a description that sets forth (i) the requirements and other rules for participation in the Contest, if any (ii) the prize amount in the form of a digital gift card, or other representative of value (including but not limited to digital trophies or virtual goods) that may be won from the Contest (the “Prizes”) and (iii) the rank amongst all Contest participants that you must achieve to receive any Prizes.

(b) Private Games are those that users can create with their own rules, terms, prizes, and invite specific participants.

(c) Sponsored Games are those that offer free entry and sponsored prizes. The sponsor and the Company will determine the particular rules, terms, prizes, and other variables of the Contest.

(d) Real-Money Contests will have an entry fee and also feature an ability to purchase “bonus strikes,” which will function as “wildcards” to help players complete the specific car list.

3.4 No Purchase Necessary to Register or Participate. There is no fee to register for an Account. Private and Sponsored Contests do not require an entry fee and may be played entirely for free and without consideration. The real-money skill-based competitions are entirely optional and available only to persons 18 year of age and older, who reside in a jurisdiction that does not restrict, prohibit, or otherwise regulate real-money games of skill.

3.5 Changes and Updates. We reserve the right to make changes, updates, or discontinue the App (or any part or content thereof) at any time, with or without prior notice to you. We will not be held liable to you or any third party for any modification, suspension, or discontinuation of the App. We may also impose limitations on certain features and services or restrict your access to parts or all of the App without notice or liability. It is your responsibility to check for and install updates to the App. We may release updates to improve functionality or enhance features. Some updates may be mandatory, and you must install them to continue using the App. We are not responsible for any issues arising from your failure to install required updates.

4. Prizes and Winnings

4.1 Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers (“Promotional Codes”) that may be redeemed for features or benefits related to the Services, subject to any additional terms the Company may establish. You agree that Promotional Codes: (a) must be used in a lawful manner, (b) must be used for the intended audience and purpose, (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company, (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company, (e) may only be used pursuant to the specific terms the Company establishes for such Promotional Code, (f) are not valid for cash or other value; and (g) may expire prior to your use.

4.2 Changes to Contests and Prizes. The Company may, at any time, revise or change the requirements to entry, availability, specifications, content, descriptions or features, as applicable, of any Contests and Prizes. While we attempt to be as accurate as we can in our descriptions for the Contests and Prizes, we are unable warrant that the descriptions are accurate, complete, reliable, current, or error-free. If a Contest or Prize itself is not as described on the Services, your sole remedy is to contact us to request a correction of your Account. The inclusion of any Contests for entry or Prizes to be won through participation in the Contests at a particular time does not imply or warrant future availability.

4.3 Confirmation of Submissions. During a Contest, a User will submit User created photos to upload on the App. We have sole and absolute discretion of whether to accept a car photo submitted by a User and to determine whether the photo provided is actual and genuine and provided solely through the efforts of the User. Only upon our confirmation and acceptance of User photos provided, and subject to the terms of any Contest, will a Prize be awarded to a User.

4.4 Prizes and Distribution of Prizes. Prizes will typically be in the form of digital gift cards unless the terms of the Contest provide otherwise. If you are eligible to receive a Prize, we may require that you provide proof that you are, or were at the time of your participation in the applicable Contest, eligible to participate in accordance with the Contest description and these Terms, and that your participation was in accordance therewith. If you do not provide such proof to our reasonable satisfaction, you may forfeit the Prize. We retain sole, absolute, and non-appealable discretion to determine the winner of each Contest. By participating in any Contest, you agree to be bound by our final decision, including and up to disqualification, forfeiture of prize funds, or any other remedy available under these Terms and under the law.

4.5 Taxes. If you are a United States resident, we may send you an IRS Form W-9 to request your social security number so that we may send you a 1099-MISC or other appropriate form if your Winnings total six hundred dollars ($600) or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. If you fail to complete and return the IRS Form W-9 when required, we may suspend or terminate your Account or access to the Services. Without limiting the foregoing, we may withhold from your existing account balance and/or delay deposit of any Prize amount into your bank account. We may withhold any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation. You are solely responsible for paying all federal, state and other taxes related to your Prizes in accordance with all applicable laws.

4.6 No Information Collected from Children. In furtherance of our policy of not collecting personal information from persons under the age of thirteen (13), users are not allowed to give the Company the personal information of any persons under the age of thirteen (13) for any reason. Age limitations may vary depending on your country of residence.

5. Privacy Policy

5.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use the Services. Our Privacy Policy is expressly integrated into these Terms as if fully restated herein. At our core, we believe in maintaining transparency and upholding ethical standards when it comes to handling your personal information. To deliver our Services effectively, we need to gather certain data about you. However, we strictly adhere to legal requirements and only utilize your information when we have a legitimate basis to do so.

Our comprehensive Privacy Policy serves as a valuable resource, shedding light on the types of information we collect, how we utilize that data, and the choices available to you while engaging with our Services. We encourage you to review this policy carefully to gain a thorough understanding of our data practices and your rights as a user.

6. Rights We Grant You and your responsibilities

6.1 Right to Use Services. We hereby permit you to use the Services for your personal non-commercial use only, conditioned upon your compliance with these Terms in connection with all such use. If any software, content or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you, a personal, limited, revocable, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content and materials provided to you as part of the Services (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Services as permitted by these Terms in a personal non-commercial capacity. Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Company, in its sole discretion, may elect to take. We are not liable to you under any circumstances for any such interruption, downtime, or other inability to use the Services (including the App).

6.2 During Use of Services. During your use of the Services, you must remain fully aware of your surroundings at all times and prioritize your safety and the safety of others. You agree that your use of the Services is solely at your own risk.

Driving Warning: Do not use or attempt to use the Services while operating a vehicle or engaging in any activity that requires your full attention. Distracted driving can result in serious injury or death.

It is a violation of these Terms to use the Services in violation of any applicable laws, regulations, policies, or instructions provided in the App or otherwise by these Terms. You will not promote or encourage others to do so. In conjunction with your use of the Services, you agree to maintain safe and appropriate contact with other players and people in the real world. You shall not harass, threaten, or violate the legal rights of others.

6.3 Trespassing Warning: You agree to never trespass or attempt to gain unauthorized access to any location where you do not have a legal right or permission to be.

6.4 Safety Warning: You agree not to engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind.

If you have a dispute with a third party relating to your use of the Services, you release the Company (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, alleged, disclosed and undisclosed, arising out of or in any way connected with such dispute.

6.5 Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless you have our express written permission to do so:

(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services, except for temporary files that are automatically cached by your device for display purposes, or as otherwise expressly permitted in these Terms;

(b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;

(c) use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;

(d) use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services;

(e) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;

(f) cooperate, collude, or conspire with other users to cheat or gain a competitive advantage;

(g) access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;

(h) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Services;

(i) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;

(j) use any robot, spider, crawlers, scraper, or other automatic device, process, software or queries that intercepts, “mines,” scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;

(k) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;

(l) submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, lascivious, filthy, excessively violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services in a manner that is obscene, lewd, lascivious, filthy, excessively violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;

(m) violate any applicable law or regulation in connection with your access to or use of the Services; or

(n) access or use the Services in any way not expressly permitted by these Terms.

While we are not obligated to actively monitor the access or usage of our Services or the Content shared through them, we reserve the right to review, edit, or remove any Content at our discretion. This right enables us to operate the Services effectively, ensure compliance with our Terms, and adhere to applicable laws and legal requirements.

We may remove or disable access to any Content deemed objectionable or in violation of our Terms without prior notice. Additionally, we have the authority to investigate any potential violations of these Terms or conduct that may affect the Services.

In cases where users or others violate the law, we may consult and cooperate with law enforcement authorities to facilitate prosecution. Any attempt by you to disrupt or interfere with the legitimate operation of our Services, including undermining or manipulating any app or site, constitutes a breach of these Terms and could potentially be a criminal and/or civil violation.

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, WHICH INCLUDES UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY APP OR SITE, IS A BREACH OF THE TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND/OR CIVIL LAWS.

6.6 Use of the App. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App will be available in any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from the Company. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from the Company.

6.7 Mobile Software from the Apple App Store. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. 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 the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You must comply with applicable third-party terms of agreement when using the App. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. APPLE IS NOT THE SPONSOR OF ANY CONTEST OFFERED THROUGH OR IN CONNECTION WITH THE APP.

6.8 Gameplay and Other Activity Recording. We may monitor and/or record your interaction within the Services, for own internal due diligence, marketing, quality control, anti-cheating verification, or other legitimate business purposes. You understand and agree that your gameplay and any other activity within the App or related to our Services will be monitored and/or recorded.

6.9 Eligibility for Prizes. Our employees and affiliates, as well as any agents with access to any materials or code that could potentially provide an unfair advantage for participation in the Contests are expressly prohibited from participating. Without limitation, such individuals are not eligible for any Prize. We retain the absolute sole discretion to determine the eligibility of individuals for our Contests and the winning of any Prize.

6.10 No Refunds. We do not issue refunds for any reason, unless otherwise required by law.

7. Ownership and Content

7.1 Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws of the United States and foreign countries. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.

7.2 Ownership of Trademarks. The Company’s name, the Company’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

7.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

7.4 User Content Licensing. By sharing any content through our services (referred to as “User Content”), you grant us a perpetual, worldwide, royalty-free license to use, copy, modify, create derivative works, display, perform, market, promote, and distribute your User Content in connection with operating and providing our services and content to you and others. This license is non-exclusive, transferable, and sublicensable.

Under this license, you allow us to:

User Content Rights:

(a) Reproduction: Reproduce your User Content by any means and in any form.

(b) Distribution: Publicly or privately broadcast or make available your User Content (or any product incorporating it), with or without payment, in all locations, by any means or process, known or unknown, including but not limited to the Internet, pay-per-view, pay-per-play, theatrical or television broadcasting, DVD, and print.

(d) Derivative Works: Produce or order the production of any new product or service from your User Content or any product incorporating or exploiting it, either as-is or modified by us or a third party of our choice.

User Representations and Warranties:

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or have all necessary rights to grant us the license rights under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of it through our services, nor any use of it by us on or through our services will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you agree not to exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any User Content, against us or any third party designated by us.

7.5 Notice of Infringement – DMCA (Copyright) Policy

We have a deep respect for intellectual property rights, and we expect our users to share the same values. We actively monitor and remove any content that infringes upon the intellectual property rights of others, including copyrights, trademarks, and patents.

To maintain a fair and legal environment, we reserve the right to terminate user accounts that engage in repeated infringement activities. We take intellectual property violations seriously and will not hesitate to take appropriate actions to protect the rights of content creators and owners.

If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:

(a) identification of the copyrighted work that is claimed to be infringed;

(b) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;

(d) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;

(e) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and

(f) the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by mail to: MIH Network, ATTN: Copyright Agent, YOUR NAME, ADDRESS; or by e-mail to _____________It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.

8. Third Party Services and Materials

Our Services may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third-party websites (“Third Party Materials”). By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. You acknowledge that our app may contain or provide access to content, materials, products, or services from third parties (“Third-Party Content”). Your use of any Third-Party Content is solely at your own risk. To the fullest extent permitted by applicable law, we disclaim all liability and responsibility for any Third-Party Content, including but not limited to its availability, quality, accuracy, or legality.

Furthermore, our app may rely on or integrate with third-party services, such as cell phone networks, hotspots, wireless internet, and other services (“Third-Party Services”). We do not control or endorse these Third-Party Services, and we are not responsible for their performance, availability, or any issues that may arise from their use. Your ability to access or use our App may be affected by the quality and availability of these Third-Party Services. By using our App, you hereby waive and release us, our affiliates, and any other parties involved in creating or delivering our App from any claims, demands, causes of action, damages, losses, expenses, or liabilities that may arise from or relate to the use of Third-Party Services.

9. Disclaimers, Limitations of Liability and Indemnification

9.1 Disclaimers.

(a) Disclaimer of Warranties. Our Services and Content are provided to you on an “as is” basis, without any warranties or guarantees of any kind, to the fullest extent permitted by applicable laws. We explicitly disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement. We do not warrant that our Services will meet your requirements, or that it will be available uninterrupted, secure, or error-free.

We make no representations or warranties regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content of our Services. The use of our Services and Content is at your own risk. We do not guarantee any specific results or outcomes from using our Services or any features thereof. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS-IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, attorneys, counsel, consultants, partners, and licensors (the “Company Entities”) disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.

You assume all risks relating to your online or offline communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services. You understand that the Company does not screen or inquire into the background of any users of the Services and makes no representations or warranties as to the conduct of users of the Services. You agree to take reasonable precautions in all communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; and (d) 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 Company Entities or through the Services, will create any warranty or representation not expressly made herein.

(b) Players in the United States: You understand that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes of value may apply to your participation in Contests (“Gaming Laws”), and that the U.S. federal government and each U.S. state, territory, or jurisdiction may have their own Gaming Laws that are subject to change. From time to time, we may prohibit access to the Services from certain jurisdictions via geo-location or other methods (“Prohibited Jurisdiction”). If you are located in any Prohibited Jurisdiction, you may not use our App and any attempt to do so is a violation of these Terms. You acknowledge and agree that it is your responsibility to determine the laws of your state, jurisdiction, or territory as it relates to use of our Services. We reserve the right to monitor the location from which you access the Services to ensure compliance with these terms, and to block your access to the Services from any Prohibited Jurisdiction. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state, or other jurisdiction in which you reside and from which you access the Services. You are solely responsible for your compliance with all applicable laws and your failure to do so is a violation of these Terms. The Services, including the Contests, are void where prohibited or restricted by applicable laws. The Company Entities take no responsibility and assume no liability if applicable laws restrict or prohibit your access to or participation in any Contests.

(c) Players outside the United States: You understand that your country, province, state, territory, or other local jurisdiction may have various rules, regulations, and laws related to the Contests (“Applicable Laws”). You understand and agree that you are solely responsible for compliance with Applicable Laws and it is also your responsibility to determine which Applicable Laws apply to your particular actions. Your access to the Contests and participation in such contests is at your own risk. By accessing our Services and participating in the Contests (or attempting to do so), you agree that you will not hold us responsible if the Applicable laws restrict or prohibit your activities.

(d) WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATION IN ANY CONTEST OFFERED VIA THE SERVICES.

9.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA, PROFITS, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE THOUSAND DOLLARS ($1,000), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR OFFERINGS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

IN ADDITION, YOU AGREE TO PARTICIPATE IN AN INFORMAL DISPUTE RESOLUTION PROCESS OR ARBITRATION BEFORE PURSUING ANY LEGAL CLAIMS AGAINST THE COMPANY ENTITIES. THIS CAN HELP MANAGE AND POTENTIALLY REDUCE LEGAL COSTS AND LIABILITIES.

9.3 Limitation of Liability as to Prizes. By participating in a Contest and achieving a sufficiently high score relative to other players, you may win a Prize. Each Prize may be subject to its own specific set of terms and conditions or addenda that supplement and govern your acceptance of such Prize. By accepting such Prize, you agree to be bound by these Terms (including but not limited to the liability limitations, warranty disclaimers, indemnification provisions, mandatory arbitration, and class action waivers) as well as any additional terms and conditions contained in such supplemental terms and conditions and addenda.

Scope of Liability: Our liability concerning any Prize is limited to the maximum extent permitted by law. We are not responsible for any indirect, incidental, or consequential damages arising from your acceptance or use of the Prize.

Conditions for Prize Acceptance: Before receiving a Prize, you may be required to expressly accept and acknowledge additional terms applicable to that specific Prize. Failure to comply with these conditions may result in forfeiture of the Prize.

Third-Party Involvement: Any promotion or discount offered as a Prize is at the discretion of and subject to the terms of the company offering such promotion or discount. We are not liable for any actions or omissions of third parties involved in providing the Prize.

Prize Availability: The availability of Prizes is subject to change and may be limited. We do not guarantee the availability of any specific Prize at any given time.

User Responsibility: It is your responsibility to comply with all applicable terms and conditions related to the Prize. We reserve the right to disqualify any participant who violates these terms or engages in fraudulent activity. These enhancements ensure that the clause is comprehensive, clear, and provides adequate protection for the company while informing users of their responsibilities and the limitations of liability.

9.3 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, including your participation in any Contests in violation of Gaming Laws, (b) your violation of any rights of any third party, (c) your misuse of the Services, (d) your negligence or wilful misconduct. If you are obligated to indemnify any Company Entity hereunder, then you agree that Company (or, at its discretion, the applicable Company Entity) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Company wishes to settle, and if so, on what terms, and you agree to fully cooperate with Company in the defense or settlement of such claim.

10. ARBITRATION AND CLASS ACTION WAIVER

10.1 PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

This Section does not apply if you are (i) a resident of the EEA, or any jurisdiction which does not allow these arbitration provisions; (ii) if you opt out of arbitration as provided in this section, or (iii) qualify for the exceptions provided below.

10.2 Informal Process First. You and the Company agree that in the event of any dispute between you and the Company Entities, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party 30 days in which to respond. Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

10.3 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to the Company Entities including the Services, the Prizes, and any use or access or lack of access thereto, will be resolved by binding arbitration, including threshold questions of arbitrability of the Claim. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Because your contract with the Company, these Terms, and this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration.

10.4 Exceptions. Notwithstanding the foregoing, you and the Company agree that the following types of disputes will be resolved in a court of proper jurisdiction:

(a) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;

(b) disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief); or

10.5 Costs of Arbitration. Each party is responsible for its own costs and expenses related to arbitration and the Claim, except that fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS rules.

Opt-Out of Arbitration. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to __________ or to the U.S. mailing address listed in the “How to Contact Us” section of these Terms. The notice must be sent to the Company within thirty (30) days of your first registering to use or use of the Services or agreeing to these Terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not the arbitration provisions. If you opt-out of these arbitration provisions, the Company also will not be bound by them.

10.6 WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE CLAIMS. To the fullest extent permitted by applicable law, you and the Company each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted ONLY IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS), CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING (“CLASS ACTION”). You and the Company AGREE TO WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION. You and the Company EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. If the dispute is subject to arbitration, THE ARBITRATOR WILL NOT HAVE THE AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. Further, you and the Company agree that the ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS FOR MORE THAN ONE PERSON’S CLAIMS, AND IT MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS ACTION. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the Exceptions clause above.

IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

11. Additional Provisions

11.1 SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text messages. You agree that the Company may contact you via telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your use of the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of using the App. You also understand that you may opt out of receiving text messages from us at any time, either by texting the word “STOP” to the sender using the mobile device that is receiving the messages, or by contacting______________. If you do not choose to opt out, we may contact you as outlined in our Privacy Policy.

11.2 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms. No amendment shall apply to a dispute for which an arbitration has been initiated prior to the change in Terms.

11.3 Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company terminate immediately and automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason and without any obligation or liability to you. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name and any Prizes, and amounts in your account may be forfeited. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.

11.4 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

11.5 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

11.6 Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

11.7 Force Majeure. Neither the Company, any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.

11.8 Governing Law and Exclusive Venue. To the extent that these Terms allow you or us to initiate litigation in a court, other than for small claims court actions, both you and the Company agree to the exclusive jurisdiction of and venue in the state and federal courts located in the State of Michigan. Each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms and your use of the Services are governed by the laws of the State of Michigan, excluding its conflicts-of-law rules. If you are resident in a member state of the EEA or a country in which this clause is prohibited by local law, this section does not apply to you, and does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your country. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

11.9 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

11.10 How to Contact Us. You may contact us regarding the Services or these Terms at: [PHYSICAL ADDRESS], by phone at [ ] or by e-mail at [ ].

Terms of Service