THE FOLLOWING ARE IMPORTANT TERMS AND CONDITIONS (the “TERMS”) OF USE OF THE MOBILE SOFTWARE APPLICATION AND WEBSITES (the “SITES”) PROVIDED BY VETNOS LLC. (“VETNOS”, “WE”, “US” OR “PROVIDER”) (collectively, the “SERVICE”). PLEASE READ ALL TERMS AND CONDITIONS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Vetnos is a Delaware corporation located at 880 3rd Ave. 6th Floor, New York, NY 10022. Vetnos is the owner and operator of the Service. Vetnos has created a branded version of the Service under license from PlaySqorr. (“PlaySqorr”), the PlaySqorr game. The following Terms constitute a legally binding agreement and will govern the use of the Service as they dictate what you can expect from Us and what is expected from you as the user of the Service (“you,” “your,” or “User”). Your use of the Service is subject to the following Terms set forth below.
Our Service
The PlaySqorr games presented in the Service by Vetnos are all games of skill. Offered online and on mobile devices, the games allow Users to create a user account (the “User Account”) and to play skill based games by correctly selecting at least 4 (to 10) winning head-to-head matchups of professional athletes, with the winning athletes earning the higher PlaySqorr Points. A User has the ability to select all the head-to-head matchups and to use their skill to make the selection. PlaySqorr Points are earned or accumulated as a result of the performance of these multiple selected athlete matchups. A win for the User occurs by using their skills and research to correctly pick all of winning athletes they have selected. All winning outcomes reflect the relative knowledge and skill of the User and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real world sporting or other events. No winning outcome is based: (a) on the score, point spread, or any performance or performances of any single real-world team or any combination of such teams; or (b) solely on any single performance of an individual athlete in any real world sporting or other events.
The PlaySqorr games offered through the Service are for multiple, professional sporting events and take place during a single day or week.
User Acceptance
Before using this Service, please insure that you have read all Terms carefully so that you understand what is expected of you through your use of the Service. If for any reason, you do not agree to any of the Terms set forth below, then you should not access the Service, nor should you use any of the content or other services provided by the Service. All visitors to the Service who browse the Sites, or access it and use, or download, without any limitation, any information, communication, graphic, text, file, software audio file, or video file from the Service (or any other site or other form of product or service directly affiliated, controlled and/or owned by Vetnos), agrees to be bound by the Terms contained herein.
Amendments to these Terms
At its sole discretion, Vetnos reserves the right to amend, alter or replace any of the Terms at and time, which shall become effective immediately. It is the responsibility of you as the User to review and become familiar with all such amendments, alterations or replacements. Accordingly, you should regularly check this page for any changes. If a revision to the Terms is, in our opinion, material, we shall either notify you through the email address associated with your account or upon your next use of the Service. Use of the Services by you after such notice to the new Terms constitutes your acceptance of the new Terms as modified.
Eligibility Conditions for Use of Service
In order to open a User Account or to access the Service, you must be at least eighteen (18) years of age. If you are physically located in any jurisdiction, territory or location where the minimum age for the permissible use of the Service is greater than eighteen (18) years of age, then you must meet the age requirement in such jurisdiction, territory or location in order to participate in any game offered by the Service including the PlaySqorr game. For example, you must be at least nineteen (19) years of age to register if you are located in Alabama, and at least twenty-one (21) years of age if you are located in Massachusetts. In addition, you represent and warrant that you are not physically located in the states of Colorado, Delaware, Hawaii, Illinois, Kentucky, Louisiana, Maryland, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, Oregon, South Carolina, Texas, Vermont, Virginia, Washington, Wyoming, the province of Quebec, or in any other state, jurisdiction or territory where paying an entry fee to play in the games would be impermissible as of matter of law (“states of exclusion”). Users who are physically located in the country of Canada (other than Quebec) are eligible to participate in games that are offered by Vetnos.
In addition to meeting the age requirements above, to access, deposit monies and participate in any game you must not be subject to backup withholding taxes based on the fact you are exempt from backup withholding tax, the U.S. Internal Revenue Service (“I.R.S.”) has notified you that you are no longer subject to backup withholding tax, or you have been notified by the I.R.S. that you are subject to backup withholding tax because of a failure to report dividends or interest.
Accordingly, if you do not meet any of the eligibility criteria set forth above, you are not eligible to use the Service. Vetnos at its sole and absolute discretion, reserves its rights to withhold a game prize(s) or suspend, revoke or terminate any User Account upon suspicion of such User not meeting any of the eligibility criteria set forth herein and reserves the right to require a User to provide proof of eligibility for the use of the Service prior to providing such User with any game prize.
You are only permitted to establish one (1) User Account in order to participate in all services and other activities provided by the Service. Vetnos, at its sole and absolute discretion, reserves its rights to withhold a game prize(s) or suspend, revoke or terminate any User Account upon suspicion that such user is utilizing more than one User Account to access and/or participate in any service provided by Vetnos.
Vetnos and PlaySqorr reserve the right to suspend and or terminate your account for any reason in the sole discretion of Vetnos management.
Employees, consultants, contractors and agents of Vetnos and PlaySqorr are permitted to utilize the Service, but such use by the employees is limited to the testing of the user experience. Accordingly, no employee, consultant, contractor or agent of Vetnos or PlaySqorr may withdraw money or prizes, except for testing purposes. In addition, individuals doing business with Vetnos or in any way otherwise assisting with the promotion or servicing of the Service may participate in games within the Service, including the PlaySqorr game without any limitation, so long as such individuals do not have access to any non-public information or other data not made available to all Users of the Service. Individuals doing business with Vetnos or in any way assisting or promoting the Services offered by Vetnos may only participate in the games as long as they are not afforded any advantage with regard to competing in such games.
Conditions of Use with Regard to Online Conduct
By using the Service, you acknowledge and agree that any communal areas, including, but not limited to chat rooms, direct messages or blog areas found within the Service are for public and not private communications. Accordingly, users of the Service shall participate in communications in a lawful manner. In some instances, communal areas may be hosted or moderated by a third-party. Any opinion, statement or action by that third-party host or moderator expresses only his or her own views or opinions and does not represent the views or opinions of Vetnos or PlaySqorr. By using the Service, you agree that Vetnos and PlaySqorr shall not be responsible or in any other way liable for any opinion, action or statement made by you or made by a third-party to a communal area. As it is virtually impossible to review every communal area and placement of communications, links, etc., Vetnos and PlaySqorr shall not be held responsible for the content provided in the communal areas or placement of any links to another site.
Vetnos reserves its right, at its sole and absolute discretion, to edit or remove content from any blog, chat room, direct message, or any other communal area, if it appears to be inaccurate, defamatory, obscene, abusive or in any way violates any law.
You agree to use the Service for lawful purposes only and to conduct yourself with civility in your use of the Service. In communal areas, you are not permitted to use or allow others to use your User Account to:
- i) post, transmit or provide a link to any content that is obscene, hateful, abusive, in any way spam-related, threatening, fraudulent, defamatory or which discloses information that is personal or private to someone;
- ii) post, transmit or provide a link to any content that is sexually explicit, that falsely states or represents your affiliation with a person or an entity or impersonates any person or entity;
iii) post, transmit or provide a link to any content that is in the nature of promotion, advertising or any other form of solicitation;
- iv) post, transmit or provide a link to any content that violates any law or regulation;
- v) post, transmit or provide any file that contains viruses or corrupted files, including but not limited to “Trojan Horses” or any other content that might contaminate or harm someone else's computer or the Service; and/or
- vi) violate our Terms in any manner, including attempting to enter our games from within the states of exclusion or elsewhere where such games may be disallowed as a matter of law.
At any time and without prior notice, Vetnos, at its sole and absolute discretion, may remove any post or other content for a perceived violation described above. Moreover, for a perceived violation described above, Vetnos, at its sole and absolute discretion, may terminate a User Account and refuse to allow such User to utilize the Service in the future.
You are responsible for any act or statement that might occur through the use of your user name and password. It is in your best interest not to disclose your password to anyone. In the event you suspect that your User Account password has been lost or stolen, it is strongly recommended that you immediately change your password. In the event you suspect that someone has participated in an unlawful and/or uncivil act or posted some form of statement on the Service that is unlawful and/or uncivil, you must immediately contact Vetnos and inform us of the unlawful and/or uncivil statement or act.
Neither Vetnos nor PlaySqorr is responsible for User content. By using the Service, you are hereby granting Vetnos and PlaySqorr a perpetual, irrevocable, worldwide, royalty-free, paid-up, non-exclusive, transferable and sub-licensable right and license to use, reproduce, publish, modify, adapt, translate, create derivative works from, perform, display and distribute your User content and to incorporate such User content for any purpose (including for publicity reasons) and in any form or other work, media or technology now known or later developed. You acknowledge and agree that by using the Service, you will bear all risks and/or liability associated with your use or disclosure of any content provided by you or any other user of the Service. Moreover, by your use of the Service, you acknowledge and agree that you will bear the sole risk and liability of relying upon any content found within the Service posted by you or any other users.
Restrictions on Use of Materials
All materials, content, scoring formulas and information contained on the Service are the copyrighted property of Vetnos or Vetnos' licensors or licensees. Accordingly, all trademarks, trade names, service marks and trade dress are proprietary to Vetnos or Vetnos' licensors or licensees. Any information, material or content from the Service may not be copied, reproduced, republished, posted, distributed, uploaded or transmitted in any way. The Service is for your personal use only. Accordingly, you may not use the Service for any commercial purposes or in any way that is unlawful or in any way harms Vetnos or PlaySqorr or any other person or entity, as determined at the sole and absolute discretion of Vetnos.
Additional Conditions of Use of the Service
In order to register for any games found within the Service, you must register for a User Account with Vetnos. By registering a User Account, you agree to provide accurate, current and complete information about yourself. In the event you provide any information that is not accurate, or is incomplete or not current, or Vetnos has reasonable grounds to believe that such information is inaccurate, incomplete or not current, Vetnos reserves its right, at its sole and absolute discretion, to deny you access to registration for use of the Service and/or to terminate your User Account.
In addition, to obtain a User Account, you must provide a valid e-mail address and supply a username and password. It is your responsibility to maintain the confidentiality of your user name and password, and by submitting to the registration process, you agree that
- i) you are fully responsible for all manners of the use of your user name and password;
- ii) you will keep your user name and password confidential and not share it with anyone else;
iii) you will immediately notify Vetnos of any unauthorized use of your user name and password or User Account;
- iv) you will only use your personal username and password to access areas within the Service that can only be accessed via registration; and
- v) Vetnos will not be liable for any damage or loss that may arise due to improper use of your user name and password by you or someone else with or without your authorization.
By registering for a PlaySqorr account, you give us your permission to send you marketing and customer support emails. You may opt out of marketing emails at any time by clicking on the unsubscribe button included in each marketing email. You may not opt out of receiving Customer Support emails.
Service Registration
In the event Vetnos learns that someone is purportedly misusing a username, password, or User Account, you agree that Vetnos may, at its sole and absolute discretion, deny access or block any transaction made by the suspected User Account. In denying access or blocking such transaction(s), you agree that Vetnos is not required to first provide you notice of its intent to deny access or block such User Account.
Following your registration of a User Account, you may receive commercial communications relating to activity or other content relating to the Service by Vetnos or one or more third-parties, including PlaySqorr. By registering for a User Account, you agree and understand that these commercial communications are part of the registration process, and that you may opt out of receiving such commercial communications either initially, or through selecting such option at a later time.
By registering for a User Account, you acknowledge and agree that Vetnos is permitted to access, preserve, and disclose your account information or content if it is required to do so by law or based upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to:
- i) enforce these Terms agreed to between you and Vetnos;
- ii) comply with any mandatory requests for information made by a law enforcement agency, internet service provider or other third-party in the course of a legal proceeding;
iii) protect the property, rights or personal safety of Vetnos, the Service users or the public;
- iv) to respond to claims that some form of content on the Service violates the rights of a third-party; or
- v) to respond to your personal request for customer service.
Misuse of Service
Upon suspicion of detrimental, adverse, illegal or unfair use of the Service, or any use of this service that violates these Terms, Vetnos, at its sole and absolute discretion, may:
- i) disqualify any user of the Service;
- ii) refuse to award any form of prize; and
iii) require the return of any form of prize.
Detrimental, adverse or unfair use of the Service includes, but is not limited to:
- i) obtaining another user's information and sending spam or malware to other users of the Service;
- ii) submitting false personal information to the Service;
iii) tampering in any manner with the administration of the Service;
- iv) violating any term or condition for the use of the Service;
- v) collecting prizes through improper methods (e.g. automated scripts or other automated means); and/or
- vi) abusing one's privilege to use the Service through any form of improper or unlawful means;
vii) any attempt to spoof, trick, hack, bypass, modify any code or system operation or to participate in a region that is not allowed by configuring your device or system to bypass location or authentication will result in suspension, disqualification of all prizes and reporting to law enforcement where applicable.
viii) abuse of Bonus Programs. Users considered, in our sole discretion, to be abusing the bonus system by any means may have bonuses revoked and be subject to further sanctions. Bonus abuse may be defined as (but not restricted to) customers cashing out for the purpose of re-depositing, or referring new accounts that they are using themselves. Sanctions may be in the form of increased rollover requirements or loss of bonus privileges altogether for the offending Account as well as any linked Accounts. We reserve the right to restrict eligibility for special offers and bonuses when necessary. This includes (but is not limited to) placing geographic restrictions on match bonuses due to bonus abuse.
By using the Service, you acknowledge and agree that prizes may be forfeited and/or required to be returned to Vetnos. You also agree that Vetnos, by forfeiting or requiring the return of prizes, does not waive its right to pursue civil action and/or criminal charges in connection with any detrimental, adverse or unfair use of the Service.
By using the Service, you acknowledge and agree that you will in no way utilize the Service in furtherance of any form of gambling.
Exclusions of Liability
Neither Vetnos nor PlaySqorr is responsible for any of the following:
- i) any incorrect or inaccurate user information intentionally or mistakenly provided by a User;
- ii) human error out of the control of Vetnos;
iii) technical malfunctions;
- iv) public utility failures or telephone outages;
- v) interruptions, omissions, latency, deletions or defects of any network computer online systems, internet service provider, telephone system, computer equipment, data, providers, software or servers, including but not limited to, operating systems and software that fail to permit a User Account to utilize the services offered by the Service;
- vi) any damage to any User's personal computer equipment that related to or resulted from use of the Service, but was not in any way the fault or responsibility of Vetnos.;
vii) destruction, tampering, theft or unauthorized access to any images found within the Service;
viii) any data that is incorrectly processed, processed too late or is incomplete or lost due to a malfunction of a telephone or computer or any other form of electronic malfunction or congestion of telephone lines or any other form of transmission of information;
- ix) any data that is incorrectly processed, processed too late or is incomplete or lost due to an Internet related problem or any service provider's malfunction or other Service malfunction;
- x) incomplete, misdirected, stolen and/or illegible game entries;
- xi) unavailability or corruption of the Service due to a virus, bug, outside or unauthorized intervention with the Service administration, unlawful or improper actions by a Service User, fraud, technical failures, or anything else that causes the Service to be corrupted or affects the administration, security, integrity, fairness and day to day operation of the services provided by the Service, at its sole and absolute discretion; and/or
xii) any typographical, printing error or other inadvertent error by an employee or representative of Vetnos or any of its licensors or service providers that requires rectifying and relates in any way to a game provided by the Service.
No Affiliation with Professional Sports Leagues or Teams
Vetnos and PlaySqorr are in no way currently affiliated with any professional sports league or team. Moreover, Vetnos and PlaySqorr are in no way currently serving as a sponsor for any professional sports league or team.
Remedy Upon Finding of Corruption
In the event it is determined that a user of the Service has in some manner corrupted or affected the administration and/or fairness of the outcome of a game, you agree that Vetnos, at its sole and absolute discretion, reserves its right to cancel, extend, terminate or modify the game and/or select a winner(s) from all other eligible users who are participating in such corrupted or affected game(s) and pursue any and all legal remedies.
Vetnos failure or inability to comply with any portion of these Terms due to an act of God, natural disaster, terrorism, act of public enemies, actions of governmental authorities outside the control of Vetnos (except for compliance with applicable laws, regulations and codes), or any other force majeure event shall not be considered a breach of these terms and conditions.
Public Relations
By using the Service and providing personal information to enable you to utilize the services offered by the Service, you acknowledge and agree that Vetnos and PlaySqorr may, except where prohibited by law, use your name, user name, voice, opinion, likeness and/or other biographical related information for publicity reasons. Those publicity reasons include, but are not limited to, trade, advertising, promotional purposes, social media related purposes, or any other activity relating to publicity now known or later determined. The range of this publicity usage is worldwide. Moreover, by using the Service and providing personal information to enable you to utilize the services offered by the Service, you acknowledge and agree that the use of your personal information for publicity purposes shall, except where prohibited. If you wish to update or delete your information, you can contact us at support@PlaySqorr.com.
Games, Rules and Promotions
Vetnos offers its users prizes for winning games. Vetnos also offers promotions relating to its games. Each game or promotion is governed by a particular set of rules or guidelines. Through your registration and use of the Service, you acknowledge and agree that you will read and ensure you understand each particular set of rules and/or guidelines for each particular game or promotion prior to participating in each game or promotion. Please find our current game rules, scoring and other guidelines at the following: http://PlaySqorr.com.
DEMO MODE
New and selected users of PlaySqorr may be offered the opportunity to play PlaySqorr risk free in Demo Mode. When a new or selected user opts to play the game in Demo Mode, they can use free tokens to purchase rosters for fun. If the user wins a roster in Demo Mode, the winner will be awarded in Tokens. Tokens have no monetary value and cannot be withdrawn.
A user in Demo mode can upgrade to Cash mode at any time. Tokens cannot be transferred to a Cash account. To continue to play PlaySqorr in Cash mode, the user must make a deposit to their PlaySqorr Account.
Determination of Game Winner(s)
Through your registration and use of the Service, you unconditionally agree that Vetnos shall serve as the sole judge and arbiter as to the determination of a winner(s) in all games in the event a dispute arises. Accordingly, any decision by Vetnos as to the winner(s) of a game shall stand as a final and binding decision.
Cancelled Matchups
In the event that a scheduled game is cancelled, postponed or suspended for any reason or moved from its scheduled venue, all matchups involving that game will have no action.
If an athlete does not play, the customer’s roster will downgrade to the next lower roster unless this action results in fewer than 3 matchups on the roster, in which case the roster will be canceled and the customer refunded the purchase price. If a roster is downgraded to a three matchup roster, the payout will be 5 for 1 for a winning roster.
Ties
In the event that the statistical result is a tie, the customer’s roster will downgrade to the next lower roster unless this action results in fewer than 3 matchups on the roster, in which case the roster will be canceled and the customer refunded the purchase price. If a roster is downgraded to a three matchup roster, the payout will be 5 for 1 for a winning roster.
Alteration and Termination of Game Promotions
We reserve the right to alter, discontinue or terminate any game promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in any promotion communication or on the Site or where there has been any error in the preparation for or conduct of any game promotion affecting the result of the game promotion or the number of participants or the value of claims.
Laws and Regulations
As described above, you agree and acknowledge that the games offered by Vetnos, including the PlaySqorr games, are games of skill and shall not be construed in any manner to be considered any form of gambling. These games comply with all state, local, federal and provincial laws and regulations within the jurisdictions in which they may be played. Any taxes owed for any winnings obtained through the use of this Service are the sole responsibility of the prizewinner. Vetnos strives to ensure compliance with all I.R.S. reporting requirements relating to specific prize amount thresholds.
Automated Software, Scripts and/or Bots
Automated software tools and scripts are prohibited from accessing this Service. At its sole and absolute discretion, Vetnos reserves the right to terminate any User Account believed to be using automated tools, scripts software or bots which simulate a user and/or in any way detrimentally affect the use of the Service by any other User Account.
Privacy Policy
You will find located within the Service a page entitled "Privacy Policy.” The Privacy Policy shall dictate how your personal information shall be handled. Through your registration and use of the Service, you acknowledge and agree to the terms of the Privacy Policy.
Other Websites
The Service may contain hyperlinks relating to other websites ("other website(s)"). Upon your accessing such hyperlinks, you acknowledge and agree that any terms and conditions of use found within those other websites shall apply and not the Service's terms and conditions set forth herein. Accordingly, neither Vetnos or PlaySqorr makes any warranty or representation as to the content, accuracy, legality or authenticity of any content presented by any other website from which you gain access via a hyperlink from the Service. Moreover, the fact that an "other website" can be accessed via the Service is in no way an endorsement of that “other website” by Vetnos or PlaySqorr.
Policy Relating to Content by Third-Parties
In its sole and absolute discretion, Vetnos reserves its right to deny permission to third-parties to link to the Service. Third-parties are prohibited from
- i) replicating content contained on the Service;
- ii) implying that the Service endorses or sponsors any of their products or services;
iii) presenting false information about the Service;
- iv) presenting content that might be construed to be offensive, vulgar, distasteful and/or controversial;
- v) using any trademarked or copyright protected content of the Service without the written consent of Vetnos;
- vi) frame or create a border or browser or environment around any content within the Service; and
vii) sharing or providing Users of the Service with any form of content that might be construed to be harmful to any Vetnos or PlaySqorr brand or which might promote a negative image of the Service to its users. Based on the foregoing, you agree that by either linking to the Service or posting any content on the Service, Vetnos, in its sole and absolute discretion, reserves its right to deny permission to any third-party to link to the Service or post any content on the Service if it determines such third-party to be violating any of its terms and conditions. Moreover, Vetnos, in its sole and absolute discretion, reserves its right to remove third-parties linking or posting content on its Service that it believes to be violating any of its terms and conditions.
Third-Party Content
The Service may contain content provided by third parties. You acknowledge and agree that neither Vetnos nor PlaySqorr makes any representation or warranty as to the accuracy currentness, completeness, reliability or overall trustworthiness of any third-party content you may encounter on the Service. Moreover, Vetnos may incorporate descriptions or references to third-party services, third-party publications or third-party products within the Service. You acknowledge and agree that your encounter of any third-party services, third-party publications or third-party products on the Service by no means implies that either Vetnos or PlaySqorr endorses any such third-party services, publications or products.
Participation/Entry Fees
The entry fee for participating in the Service will be listed in U.S. dollar amounts. If you choose to participate by paying an entry fee, the amount you listed in US dollars will be debited from your User Account balance. You will be required to follow the instructions and/or links in order to complete your participation/entry within a game. Any and all user fees must be paid through Vetnos’ Service. In the event a dispute may arise as to the identity of a user's participation or entry in a game, such entry shall be deemed submitted by the individual User Account that was utilized to make the entry. If the identity of the person utilizing that User Account is disputed, the disputed entry shall be deemed to be used by the name in which the e-mail address within the User Account was registered with the e-mail service provider.
Prizes
The winner of a game will have his or her prize awarded to his or her User Account balance within the Service. Wins are credited to the User’s Account following the official, final results of the games and final review by Vetnos’ management. We reserve the right to withhold payouts and withdrawals pending Vetnos’ management verification, and all applicable Federal and State laws and regulations including but not limited to the Bank Secrecy Act, the Patriot Act and IRS regulations. Additionally, individual User rosters could potentially be insured. If a User’s roster has been insured by Vetnos, an individual payout of $10,000 or more may take up to 10 business days to process.
The available fees to enter a game in the Service will start at Two Dollars ($2.00). These fees are denominations of United States currency and subject to change. These fees will be predetermined for each game and will be clear and conspicuous to each User.
The prizes are determined based upon the results at the time the final scoring is calculated by Vetnos. After prizes are determined and awarded, the final scoring determined by Vetnos will stand regardless of any official adjustments made by any of the professional sports leagues. You agree however that Vetnos, at its sole and absolute discretion, reserves its right to determine the winner(s) of games before it awards any prizes.
You agree that in the event there is a challenge by any legal authority as to whether a prize(s) should be awarded, Vetnos, at its sole and absolute discretion, may determine whether such challenged prize(s) should be awarded.
Users who win a prize as the result of any Promotion consisting of a draw, competition, contest, or tournament (each, respectively, a “Winner” and a “Prize”) must accept the relevant Prize "as is" and there is no right to a cash alternative unless We, in our sole discretion, elect to offer such a cash alternative (which may be less than the full value of the Prize). We reserve the right, at any time, to substitute any Prize with one or more prizes (other than a cash alternative) of substantially equivalent value. We may do this, in particular, if it is impractical or unduly costly to deliver a particular Prize to a User's geographical location.
If the Winner is not able to take advantage of a Prize, the prize may be forfeited. We reserve the right to draw, select or award the prize to another participant.
Tax-Related Issues
By participating in the games within the Service, you agree that all tax liability relating to a prize-winner's receipt of a prize are the sole responsibility of you. Users who have won a cumulative net profit of $599.00 USD or more in a calendar year will be contacted by Vetnos and required to submit their residential address and tax ID number (social security number). Users with a cumulative net profit of $599.00 USD or more in a calendar year will be prevented from withdrawing any funds until this requested information is received by Vetnos. By participating in the games within the Service, you agree that if you are contacted by Vetnos, you will immediately provide your residential address and tax identification number (i.e. social security number) as Vetnos will need these details in order to file a 1099-MISC forms with the I.R.S. in January of each year. Vetnos reserves its right to request any other information from a User necessary for Vetnos to submit a 1099-MISC form to the I.R.S. As soon as the requested information is received and verified by Vetnos the funds will be released upon request. Vetnos will make every attempt to contact the prize winning User through all communication methods available to Vetnos, (email, U.S. Mail, telephone) to obtain the necessary information. However, if Vetnos fails to contact the prize winner User and obtain the required information after one year, the prize winner User forfeits the funds to Vetnos.
Vetnos warrants and represents that all personal information, including, but not limited to your social security number, will be maintained in confidence and used solely for the purposes of submitting the 1099-MISC form to the I.R.S. Please see Vetnos’ Privacy Policy for more information relating to how your personal information will be maintained. Vetnos’ Privacy Policy for the Service is found on a separate page within the Sites.
Prize-Winner Notification
Vetnos’ prize winning Users may be required via e-mail or U.S. Mail to receive and return an executed affidavit of eligibility and/or appropriate tax forms. By participating in the games within the Service, you agree to receive via e-mail or U.S. Mail and return an executed affidavit of eligibility and/or appropriate tax forms, and you agree that your failure to do so may result in your disqualification. In the event Vetnos is unable to notify a prize winning User because the e-mail address and US mail address provided within a User Account are determined to be invalid and/or undeliverable, this may result in disqualification of the prize winner.
Deposit Withdrawal
You can withdraw your money at any time using one of two methods, PayPal or Check. If you used PayPal to make deposits then you can withdraw into the same PayPal account. PayPal withdrawal requests will be processed within 48 hours or the next business day if the request is received over the weekend. Check withdrawal requests will take approximately 7-10 business days. PlaySqorr may request additional information before your withdrawal is approved. You may be requested to provide your mailing address and SSN before the withdrawal is processed in the event that your annual net winnings exceed $599, in which case PlaySqorr is required to file a 1099-MISC tax form.
Indemnification/Hold Harmless
By using the Service, and accepting any prize(s) awarded based upon your participation in games within the Service, you acknowledge and agree to indemnify, release and hold harmless Vetnos, PlaySqorr and each of their respective affiliates, parents, subsidiaries, and agencies, as well as any of their representatives, officers, directors, shareholders, consultants and employees, from and against any expense, cost, damage, loss, fine, penalty, liability or judgment, including reasonable attorneys’ fees or injuries to property and/or persons suffered or incurred as a result of any demand, action, suit or similar proceeding, claim or arbitration brought or asserted arising out of the actual or alleged misuse of the Service, or the actual or alleged violation of any of the Terms, by you or any other person who uses your User Account with or without your permission.
Disclaimer of Warranties
The Service, including without limitation, the Sites and all software, functions and content made available through or accessed through or sent from the Service, are provided "as is," "as available," and "with all faults." Vetnos and PlaySqorr, to the fullest extent permissible by law, along with each of their respective affiliates, parents, and subsidiaries make no representations or warranties or endorsements of any kind whatsoever (express or implied) with regard to: this Service, the software and content within the Service or provided through the Service, any products or services offered through the Service, any content and software found within or provided through the Service, any hyperlinks or other connections to third-parties found within the Service, any security associated with the transmission of sensitive information through the Service or any linked site, any functions made accessible on or through the Service or messages or information sent from the Service by users of the Service. Neither Vetnos nor Playsqorr warrants that: the Service or any of its functions or content contained within the Service will be error-free and/or uninterrupted, that any defects will be corrected, or that the Service or servers that make the Service available are free of defects, viruses or any other harmful components.
Neither Vetnos nor PlaySqorr warrants that your use of the Services and activities while using the Service are lawful in any particular jurisdiction, and, in any event, each of Vetnos and PlaySqorr specifically disclaims such warranties. By using the Service and any of its features, you acknowledge and agree that you act at your own risk and you warrant and represent that your use of the Service and activities performed while using the Service are lawful in every jurisdiction where you use the Service, and access the Service or any content found within the Service. Moreover, Vetnos, Playsqorr and each of their respective affiliates, parents, and subsidiaries, disclaim any express or implied warranties including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title.
Vetnos and PlaySqorr, and each of their respective affiliates, parents, and subsidiaries, shall not be liable for the use of the Service including, without limitation, any content or errors contained therein. Please note that some jurisdictions limit or do not allow the disclaimer of implied or other warranties, therefore the above disclaimer may not apply to the extent such jurisdiction's laws may be applicable to this agreement.
Limitations of Liability
Vetnos and PlaySqorr, and each of their respective affiliates, parents and subsidiaries, shall not be liable to you for any losses or damages of any kind, which include, without limitation, any direct, indirect, special, exemplary, incidental, punitive, economic or consequential damages directly or indirectly related to: the Service, the use or inability to use the Service, the performance of the Service, the content within the Service, any actions or investigation by any law enforcement authority or other company relating to your use of the Service or its content, any actions taken based upon copyright-related claims, or your upload information, any errors or omissions within the operation of the Service regardless of whether Vetnos, PlaySqorr or any of their respective affiliates, parents, or subsidiaries were advised of the possibility of such damages, whether an action in negligence, contract, and/or strict liability (including, without limitation, and whether caused in whole or in part by, Acts of God, negligence, telecommunications failure, theft, or destruction of the Service).
Neither Vetnos nor PlaySqorr, nor any of their respective affiliates, parents, or subsidiaries, shall under no circumstances be liable to you or anyone else for any damages injury, or loss, including, without limitation, death or personal injury. Please note that some states do not allow for the exclusion or limitation of consequential damages or incidental damages, therefore the above limitations or exclusions may not apply to you. Vetnos, and each of their respective affiliates, parents, and subsidiaries, shall under no circumstances be liable to you for all causes of action, losses and/or damages that exceed fifty dollars ($50.00).
Vetnos and PlaySqorr, and each of their respective affiliates, parents and subsidiaries, shall not be responsible for any damage to any user's computer, software, hardware or other technological equipment, including, without limitation, any damage relating to any security breach due to a virus, fraud, tampering, bug, error or omission, defect, interruption, delay in transmission or operation, computer line or network failure or any other technical malfunction or general malfunction.
By using the Service, you acknowledge and agree that such use is at your own risk and peril. In the event that you are not satisfied with your use of the Service, it is your exclusive and sole remedy to immediately cease using and/or accessing the Service or any content found within the Service.
By using the Service, you further acknowledge and agree that any losses, injuries, or damages that may arise out of any acts or omissions of Vetnos or PlaySqorr, if any, caused to you are not irreparable and do not entitle you to any form of an injunction that might hinder or harm the operation, promotion, marketing or day-to-day use of the Service by its users.
By using the Service, you acknowledge and agree that you are waiving your rights with respect to any claims that are unknown or unsuspected at this time, and in accordance with such waiver you acknowledge that you have read and understand, and thereby expressly waive, the benefits of section 1542 of the civil code of California, along with any similar law of any other U.S. State or territory, which provides as follows, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Vetnos Proprietary Rights
Vetnos owns title to all intellectual property rights in and to the Service. PlaySqorr owns all right, title and interest in and to all trademarks and content related to PlaySqorr. By accessing or using the Service, you acknowledge and agree that the Service contains confidential and proprietary information that is protected by applicable laws. By accessing or using the Service, you acknowledge and agree that, without the express written authorization of Vetnos, you will not rent, loan, lease, copy, modify, distribute, sell or create, attempt to reverse engineer or create any derivative works based, in whole or in part of the Service.
Third-Party Beneficiaries
By using the Service, you acknowledge and agree that, without the express written authorization of Vetnos, you shall not allow or attempt to create any third-party beneficiaries to the Terms of this agreement. This means, among other things, that you agree to the fully extent permissible by law, that no third-party shall have any rights to bring claims arising out of these Terms on your behalf nor to claim for themselves any rights that are afforded to you hereunder.
You agree that PlaySqorr is an intended third party beneficiary of these Terms and that it will have the right (which it has accepted) to enforce these Terms as a third party beneficiary thereof.
Copyright Infringement Claims - Notice and Procedure
When appropriate, Vetnos, at its sole and absolute discretion, may need to terminate or disable User Accounts who may be infringing upon the intellectual property rights of others. In the event any person or entity reasonably believes their intellectual property rights are being violated by a user of the Service or that their work is in any way being copied or reproduced without their permission within the Service, then the party whose intellectual property rights are purportedly being violated must provide notice to Vetnos (“IP Violation Notice”). The IP Violation Notice must contain the following information: (i) a detailed description of the copyrighted work or other intellectual property that is purported to have been misappropriated and improperly used; (ii) a detailed description of the location within the Service where such copyrighted work or other intellectual property was purportedly misappropriated or improperly used; (iii) and a statement by the person sending the IP Violation Notice that he or she has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, that he or she is the copyright or intellectual property owner of the disputed intellectual property or authorized to act on behalf of the copyright or intellectual property owner, that such statement is made under penalty of perjury and that the provided information within the IP Violation Notice is true and accurate to the best of his or her knowledge and belief. In addition, the IP Violation Notice must contain the address, telephone number and e-mail address of the sender of the IP Violation Notice, along with a physical signature or electronic signature of either the intellectual property owner of the disputed intellectual property or the person authorized to act on behalf of the copyright or intellectual property owner.
The IP Violation Notice may be sent il to Vetnos Corporate Counsel – by email to Robert Clark, clarkr@ballardspahr.com, or by US mail to Ballard Spahr, Attention Robert Clark, 1735 Market Street, 51st Floor, Philadelphia, PA 19103-7599 and should clearly and prominently indicate “IP VIOLATION NOTICE” so that Vetnos may consider such IP Violation Notice and determine whether further action is necessary.
Governing Law, Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
You acknowledge and agree that any dispute arising from or in any way connected to the use of the Service or in any way relating to these Terms shall be governed by the laws of the State of Delaware without regard to any conflict of law provisions.
Except for a claim by Vetnos (or PlaySqorr) for infringement or misappropriation of any patent, copyright, trademark, or trade secret, any and all disputes between you and Vetnos (and, if applicable, between you and PlaySqorr) arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Service. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Vetnos (and, if applicable, PlaySqorr) must abide by the following rules: (i) the arbitration shall be conducted solely based on written submissions; and (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in New York County, New York. The arbitrator's ruling is binding and may be entered as a judgment in any court of competent jurisdiction.
In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated will be brought solely in New York County, New York and shall be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence that would result in the application of the laws of a state other than New York. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law principles that would result in the application of the laws of a state other than New York). Claims by Vetnos (or PlaySqorr) for infringement or misappropriation of any patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in New York County, New York.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST VETNOS OR PLAYSQORR ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Entire Agreement
You acknowledge and agree that these Terms the Vetnos Privacy Policy, located at https://PlaySqorr.com/privacy and the End User License Agreement (EULA), located at http://www.PlaySqorr.com/eula comprise the entire understanding and agreement between you and Vetnos relating to the Service, that the agreement is between Vetnos and you only, not with PlaySqorr, Apple, Inc, Google, Inc, PayPal, Stripe or any other third-party. You acknowledge and agree that there are no representations, agreements, arrangements or understandings, oral or written, between you and Vetnos relating to the Service that are not fully expressed or referenced and incorporated herein.
Headings Not Binding
You acknowledge and agree that the headings contained in these Terms are inserted for convenience only and do not constitute a part of the Agreement. Accordingly, the headings shall have no legal or contractual effect.
Partial Invalidity
You acknowledge and agree that if any provision of these Terms shall be held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be construed so as to be limited or reduced to be enforceable to the extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of these Terms shall not affect the other provisions hereof and these Terms shall be construed in all respects as if such invalid or unenforceable provision were omitted.
Statute of Limitations
You acknowledge and agree that any claim or cause of action arising out of your use of the Service or in any way relating to these Terms must be filed in a court of competent jurisdiction within six (6) months after such claim or cause of action arose or such claim or cause of action will be forever barred. You acknowledge and agree that this six (6) months statute of limitations shall remain in full force and effect regardless of any statute or law to the contrary.
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