ULTIMATE FAN – GENERAL TERMS

Date of last update: 24 February 2022, v1.1.

Last update summary: Updated to align with other games operated by Low6.

PLEASE READ THE FOLLOWING GENERAL TERMS AND CONDITIONS OF USE, GAME RULES AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH THIS PICK’EM/FANTASY MOBILE APPLICATION OR WEBSITE. PLEASE NOTE THAT THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.

1. YOUR ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE AND THE GAME RULES IS MANDATORY IN ORDER TO USE AND ACCESS THE SERVICES OF THIS PICK’EM/FANTASY MOBILE APPLICATION OR WEBSITE.

1.1 These GENERAL TERMS AND CONDITIONS OF USE (the “General Terms”) contain the general terms and conditions of use and access to all pick’em and fantasy mobile applications and/or websites (each a “Platform” and collectively the “Platforms”) provided by Low6 USA INC., a Delaware corporation with its registered office address located at 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex (“Low6” / “we” / “us” / “our”). Platforms include both existing mobile applications and/or websites (including, without limitation, PGA Tour Pick’Em Live, UltimateFan and US college branded pick’ems), and those to be launched by Low6 in the future.

1.2 Acceptance of Terms. The General Terms constitutes a legal agreement that governs your relationship with us regarding your use of the pick’em and fantasy games and any related services or contests, which include applications for mobile devices and pick’em or fantasy branded Web sites (the “Services“). These General Terms apply to any Services provided by or URL (“Website”) operated by Low6, including, without limitation, the Platforms or any other Website on which these General Terms are posted, and/or where any Low6 Platform or Services is licensed, downloaded or otherwise accessed through third party Websites or sources.

1.3 The Platforms are all operated by Low6.

1.3.1 For the avoidance of doubt, while some of the Platforms may be made available to download on the Apple App Store or the Google Play Store, neither Apple or Google are in any way involved with operation of any of the Platforms.

1.3.2 Similarly, while a number of the Platforms are offered under the brand name of our third party business partners which include PGA Tour, Cincinnati Bengals and US colleges, such partners are not actively involved in the operation and ownership of the Platform.

2. THIS AGREEMENT INCLUDES CERTAIN GAME RULES, SUBSCRIPTION TERMS, PRIVACY POLICY AND GENERAL GIVEAWAY TERMS

2.1 Each Platform, as part of the Services, provides users the opportunity to enter pick’em or fantasy contests. Accordingly, these General Terms include all terms and conditions which govern your relationship with us and any of your activity the Platforms, and we wish to bring to your attention that the following also form part of the General Terms and may be found via hyperlinks on the Platform:

2.1.1 the Game Rules; and

2.1.2 our Privacy Policy.

2.2 User Accounts. In connection with the Services, we may require you to register and establish an account (“Account”). It is important that you read the General Terms fully as when you open an Account with us and access any Platform you confirm that you agree to be bound by the General Terms. If you do not wish to accept the General Terms then please navigate away from the Platform and do not complete your registration or further use any of the Platforms, as we will consider any such actions as your unqualified acceptance of the General Terms. If you have any questions about the General Terms please contact us using the contact details on the Platform you are using.

2.3 You understand and agree the we may change the General Terms (including the Game Rules and Privacy Policy) from time to time. If we deem any such change to be material in nature, we will take reasonable steps to bring the change to your attention by either email or a notification on each Platform. If you do not accept the revised terms, you will not be allowed to continue using any of the Platforms or the Services, and your Account will be terminated. Subject to all remaining provisions of the General Terms, prizes won and awarded prior to the change of the General Terms may be claimed.

2.4 You agree that it is ultimately your responsibility to periodically check the terms of the General Terms. You also agree that any login to or usage of the Platforms or Services by you following any change to the General Terms will amount to your unqualified acceptance of the changes.

3. ELIGIBILITY – WHO CAN JOIN US

3.1 Subject to the below provisions on age, location and relation to us, only individuals engaging in recreational play are permitted to register an Account with us and access our Platforms (and not e.g. companies, institutions, or ‘syndicates’).

3.2 All applications to register an Account with us are subject to our permission at all times and may be refused or withdrawn at any time. We shall not be obliged to give reasons for any refusal of registration nor for any suspension, or cancellation of, your Account.

3.3 We reserve the right at any time and for whatever reason, to suspend or close your Account, restrict your access to our Platforms, block transactions and / or withhold winnings if you are found to be (or if we reasonably suspect you are) in breach of the warranties given in this section.
Your Age

3.4 You must be at least 18 years of age (or of ‘legal’ age where you reside, if higher) to register an Account with us, access the Platforms or play any of the games or enter any giveaway. Additionally, any person aged 18 or older is not permitted establish an account for or on behalf of a minor or allow access to an Account by a minor. You confirm / warrant you will not seek to register an Account with us if you are a minor.

3.5 Before you withdraw or claim your first prize, you will be required to verify your identify and prove you are of suitable age. As part of this, we may ask you to send us a copy of a valid identity document. We may withhold any prizes won until we are reasonably satisfied you have verified your age and identity.
Your Location

3.6 In order to register an Account with us and access the Platforms, you must either be:

3.6.1 resident and located in either the United States or Canada; or

3.6.2 in respect of PGA Tour Pick’Em Live (only), not located in any of the following territories: Afghanistan, Albania, Algeria, Argentina, Australia, Austria, Bahamas, Bahrain, Barbados, Belarus, Belgium, Bolivia, Botswana, Bulgaria, Cambodia, China, Colombia, Cuba, Czech Republic, Ethiopia, Ghana, Greece, Guam, Hong Kong, Hungary, Iceland, Indonesia, Iran, Iraq, Israel, Jamaica, Jordan, Kenya, Kuwait, Lebanon, Libya, Lithuania, Macau, Macedonia, Malaysia, Malta, Marshall Islands, Micronesia, Mongolia, Myanmar, Netherlands, Nicaragua, North Korea, Oman, Pakistan, Palestine, Panama, Philippines, Poland, Portugal, Qatar, Romania, Russia, Samoa, Saudi Arabia, Singapore, South Korea, Sri Lanka, Sudan, Syria, Trinidad and Tobago, Turkey, Turkish Republic of North Cyprus, Uganda, Ukraine, United Arab Emirates, US Minor Outlying Islands, US Virgin Islands, Vanuatu, Vatican City, Venezuela, Yemen and Zimbabwe.

3.7 Notwithstanding the above, you are not permitted to access or use our Platforms if you are either:

3.7.1 an individual with whom US persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute or executive order; or

3.7.2 an individual who is acting, directly or indirectly, on behalf of any such person who falls under (a) or (b) above.

3.8 If you are located in the United States or Canada, then in order to withdraw any winnings:

3.8.1 you will be required to provide a valid identification and/or address verification document and may be required to provide a valid taxpayer identification number or social security number;

3.8.2 you may be required to register an account with a reputable third party payment service (such as PayPal) so that we can transmit any monetary winnings to you.

3.8.3 Where applicable, IRS taxpayer Form W9 or such other documentation required under applicable laws or regulations for payment and reporting of winnings.

3.9 Taxes. All federal, state and local taxes arising from your activity on our Platforms will be solely your responsibility.

3.10 You agree that the mere availability of any Platform in your territory does not constitute an invitation by us for you to access and/or use the Platform in such territory.

3.11 You represent to us that you are eligible to use the Services under this General Terms and will not access or use the Platforms from any physical location where such activity would be unlawful or contrary to this General Terms. You further agree that we are not responsible for any action which may arise from you holding an Account and / or accessing the Platforms in a territory where such activity may be illegal.

3.12 You agree and confirm that you will not employ methods, devices or technology (including, but not limited to, using a proxy, VPN or other technique that disguises your IP) to give a false or misleading impression of your physical / device location when accessing our Platforms nor select a location that does not correspond with your actual location for the purposes of registering an Account or accessing our Platforms.
Your Relation To Us

3.13 Our officers, directors, employees, consultants and/or agents, and/or any member of their households, are not permitted, either directly or indirectly, to enter any contests or win any prizes at any time during their engagement, and may only use the Services where strictly necessary for the purposes of their engagement with us for test purposes only (and in which case are not eligible to claim any prizes or withdraw any funds).

3.14 Additionally, our suppliers and partners (and their officers, directors, employees, consultants and/or agents), who provide products or services which are directly linked to the back-end operation of contests on our Platforms, are not permitted enter any contests or win any prizes at any time during their engagement, and may only use the Services where strictly necessary for the purposes of their engagement with us for test purposes only (and in which case are not eligible to claim any prizes or withdraw any funds). For clarity, this paragraph does not prevent our advertising partners from using the Platform or winning any prizes.

3.15 We shall have sole discretion to determine if you are permitted to use the Services on our Platforms or win any prizes. In the event of uncertainty, we encourage you to check your eligibility with our Customer Service team prior to registering an Account or making any purchases on our Platforms.

3.16 All prize winners may be subject to additional integrity checks to ensure that the winner was eligible to participate.

4. OPENING AND CLOSING YOUR ACCOUNT
Application and Registration

4.1 To access any Services on any of the Platforms, you must first open an Account by providing the relevant details requested on our registration page.

4.2 Your registration is your application to join us. We may refuse that application (or revoke any later registration, if required) at our discretion and shall not be obliged to give our reasons for doing so.

4.3 You warrant that the details you supply us upon registration are:

4.3.1 100% correct and up-to-date; and

4.3.2 in no way false, inaccurate or misleading; and

4.3.3 remain so for the duration of any membership extended to you.

4.4 You agree that you will keep these details current, correct and up-to-date

4.5 Only one Account is permitted per individual. When opening an Account you warrant that you do not already hold an Account with us nor have you previously had an Account closed by us, including on any of the Platforms.

4.6 We reserve the right to close any accounts that we identify are opened in breach of the General Terms and to void any game or contest entries you have made using those accounts.

4.7 You agree that you will only open an Account on your own behalf acting as principal and not as an agent for any third party.

4.8 When you register an Account with us, you will be invited to set-up a username and password. You agree that:

4.8.1 we can, at our discretion, include your username in a leaderboard for any games you enter and that we can publish this leaderboard both on our Platforms, our social media channels and permit our partners to do the same;

4.8.2 you will not choose a username which incorporates personally identifiable information (i.e. your name or a unique nickname) if you do not want your Account to be personally identifiable on our leaderboards;

4.8.3 you will not choose a username which is of offensive or unacceptable description / nature and if you do then we (in our sole discretion) can suspend or close your Account;

4.8.4 it is and remains your responsibility to keep your own Account login details safe, secure and up-to-date and not to share, or make them known to anyone else (whether directly or through inadvertence on your part, and including e.g. any “pre-filled” or “stored” logins on any personal device); and

4.8.5 it is and remains your responsibility to ensure the security of any device used to access your Account and our Platforms (including both “good practice” measures such as locking your screens and employing appropriate access controls and antivirus protections).

4.9 You further agree that we cannot and will not be held responsible, nor legally liable, for any unauthorised (or authorised) use of your Account login, device, or payment details where we are not ourselves solely at fault.

4.10 You agree that we may process, use, record and disclose personal information which you provide in connection with your registration and that such personal data may be recorded by us or third parties in accordance with our Privacy Policy. You agree that we may supply the information you have given us to authorised credit reference agencies (or other third parties who offer customer validation services) to confirm your identity and payment details.

4.11 It is and remains prohibited for any players to sell, transfer, and/or acquire Accounts from other players. We may close any Accounts, cancel any game or giveaway entries and void any necessary transactions or withdrawals where we know or reasonably suspect that you have done so.

4.11.1 A non-exhaustive example of this would be when the identification documents receive by us do not align with the registration details entered when the Account was created.
Closure

4.12 You have the right to close your Account at any time. To close your Account, you should contact our Customer Service team using the contact details on the Platform you are using.
4.13 We may also close your Account without a request from you at our sole discretion, which is most likely but not exclusively exercised when you are in breach of the General Terms.

4.14 When your Account is closed, subject to any other applicable terms (for example, those on verification), you will be sent any outstanding prizes / balance, if any, by a method of payment reasonably determined by us.

5. CLAIMING A PRIZE

5.1 If you win a prize, we will email you with instructions on how to claim your prize. You may be required to verify your identity and provide an identification and address document if you have not done so already.

5.2 Some prizes may require redemption in person in order to claim the prize. You agree that you are responsible for all costs associated with attending any prize collection venues, such as travel.

5.3 We reserve the right at all times to investigate your play prior to allowing you to claim any prize. Where (as but one non-exhaustive example) we reasonably suspect, cheating, collusion, fraud, or other playing irregularity, or technical malfunction, then we may withhold any prize, void any suspicious play or transactions, and/or make report to relevant authorities where any criminality or other impropriety is either known or suspected, as we may reasonably deem appropriate.

5.4 It is your sole responsibility to account to the relevant tax authorities in relation to any taxation which may apply to your activity on our Platforms.

6. CARDS (FANTASY PLATFORMS ONLY)

6.1 In using a fantasy-based Platform, you may ‘pack’ cards relating to teams and players (“Cards”). These Cards can presently only be used to enter Game contests which permit the use of the Cards (see applicable Game Rules).

6.1.1 Please note that we not make any guarantee that Games will be available, or that each and every Card can be used to enter each and every Game contest made available.

6.1.2 Notwithstanding the above, the Cards packed during any particular tournament or season will generally not be able to use used for any subsequent tournament or season. For example, Cards packed during the 2021/2022 NFL season may not be used for Games during the 2022/2023 NFL season.

6.2 Each Card has a unique identifiable number; however, you cannot presently exchange any Card for a monetary value, transfer them to another user or use them outside the applicable Platform.

6.2.1 We may introduce such functionalities in future at our discretion; however, we offer no guarantees that we will do so.

6.2.2 You should therefore only collect the Cards on a recreational basis for the purpose of using them in the Game contests made available in the present day, and not in any circumstance collect Cards for the purposes of generating a ‘profit’, any kind of monetary return, or long term use beyond the Game contests currently advertised.

6.3 Please note that any Cards obtained in breach of these General Terms (including through the purchasing and/or sale of an account) will be removed from the Platform.

6.3.1 As the Cards have no value, no compensation will be available for Cards removed from the Platform. It is therefore important that you ensure your compliance with these General Terms.

7. MALFUNCTIONS

7.1 From time to time, technical malfunctions or human errors may occur which affect a game or the Platform(s), (“Malfunction(s)”). In some cases, Malfunctions may not be apparent or detectable by you and/or us until our verification checks have been completed. Malfunctions include (but are not limited to):
7.1.1 malfunctions and/or errors relating to the underlying mechanics and maths of Games, including where a Game operates other than in accordance with the published Game Rules or any ‘random number generator’ utilised;

7.1.2 malfunctions and/or errors relating to disconnections and/or internet or server outages;

7.1.3 errors in the scoring of selections in a Game (for example, if you select that a player will score but are awarded points in a prize pool for that selection when in fact the player did not score);

7.1.4 errors which result in an incorrect prize being advertised for any Game;

7.1.5 errors in the calculation and/or distribution of winnings (for example if winnings are attributed or distributed to you which you are not due).

7.2 If (based on reasonable evidence) we believe that any prize has been attributed to you due to a Malfunction (“Erroneous Winnings”), we may temporarily suspend or reverse the payment of such Erroneous Winnings to you whilst we investigate the Malfunction and:

7.2.1 if we find that such Erroneous Winnings are not due to a Malfunction, we will process the prize as usual in accordance with the General Terms;

7.2.2 if we find that such Erroneous Winnings are due to a Malfunction, we will; (i) permanently suspend the payment of such Erroneous Winnings or remove the value of the Erroneous Winnings from your Account balance if we have not already done so; and (ii) and take all reasonable measures to put you in the same position you would be if the Malfunction did not take place; and

7.2.3 if you are for any reason able to withdraw or claim any Erroneous Winnings (whether knowingly or not) that are due to a Malfunction, you will be liable to repay the Erroneous Winnings to us or we may deduct the amount of the Erroneous Winnings from any other sums that we may owe you.

7.3 You agree that you will inform us of any Malfunctions you become aware of as soon as possible and you should not seek to exploit a Malfunction, generate Erroneous Winnings and/or encourage any third party to do the same.

8. AGE AND IDENTITY VERIFICATION

8.1 We reserve the right in our sole discretion to carry out checks to verify your age, identity or eligibility for any Game.

8.2 The checks will ordinarily involve a request for a copy of a photographic identification document and a proof of address document. However, we reserve the right to request copies of additional documentation or further information where we reasonably deem it appropriate to do so.

8.3 Such checks will usually, but not exclusively, be carried out prior to withdrawal or claiming a prize. You agree to comply with any and all such verification requests from us in a prompt and helpful manner, and that we may delay providing any prizes until such further evidence is provided.

8.4 You also confirm and acknowledge that you understand and accept that your Account (and any transaction or activity upon it) may be suspended or cancelled in the event that you do not provide verification when reasonably requested to and/or until you do so. You further agree and understand that we reserve the right to suspend or close your Account (and any related process including, Game entries, withdrawals or transactions, where applicable) where the results of additional verification checks indicate that the information previously provided to us was, is, or has become, insufficient, false, inaccurate, untruthful or misleading.

8.5 We may also make a report about you to any applicable authorities where our general monitoring or specific enquiries give us any cause to suspect that money laundering, terrorist financing, fraud, or any other criminal activity has taken place or is likely to take place.

9. GAME PLAY

9.1 From time to time, we provide Games on our Platforms. Games will either be unique to a Platform or be “linked” Games in which users from a number of the Platforms may also enter – we will indicate where this is the case.

9.2 In respect of each Game, the Game Rules which are linked in paragraph 2.1.1 will apply.

We encourage you to read the Game Rules carefully in addition to the General Terms as they include further important details in relation to the Games such as how to enter and how we determine the winners of the Games.

10. PRIVACY AND PUBLICITY

10.1 If you enter a Game on any of the Platforms, you agree that we, and our selected partners and affiliates, may include and / or announce on the Platforms, on social media and / or elsewhere at our sole discretion the following details if you win a prize in a Game :

10.1.1 your surname;

10.1.2 your username;

10.1.3 your state; and

10.1.4 your Game entry.

10.2 You also agree that:

10.2.1 your username and your Game entry may feature in a live leaderboard compiled of Game entrants by us and published on the Platforms, social media and / or anywhere else at our sole discretion; and

10.2.2 we, and our selected partners and affiliates, may re-post any publications you make regarding any Game entry made by you on the Platforms including, without limitation, any posts made on social media regarding wins.

10.3 For more information about how we will process your personal data in relation to the Platforms, please see our Privacy Policy linked to in the footer of each Platform.

11. LIMITS ON OUR LIABILITY

11.1 The Platforms are provided “as is” and (to the maximum extent permitted by applicable laws) without assurances of any kind, in particular, we do not assure you that our Platforms (or their content) is or will be available, nor error, Malfunction or virus free. Whilst we shall endeavour to procure that our Platforms are available 24/7 we shall not be liable if for any reason any of our Platforms are unavailable at any time or for any period. Access to the Platforms may be suspended temporarily and with or without notice in the event of system failure, maintenance or repair or for reasons beyond our control.

11.2 TIME LIMITATION OF CLAIMS. You and we agree that any claims regardless of form, arising out of or related to the Platforms (including Services) or these General Terms, Game Rules or Privacy Policy MUST BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.

11.3 LIMITATION OF LIABILITY. BY ACCESSING, USING OR DOWNLOADING THE SERVICES OR PLATFORMS YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF LOW6, ITS SPONSORS, OR ANY OF THE FOREGOING’S RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY “RELEASED PARTIES”) ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, OR AS A RESULT OF A MALFUNCTION WITH THE PLATFORM OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF LOW6 AND/OR ITS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM WAS ASSERTED. WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.
11.4 DISCLAIMER OF WARRANTIES. THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.

11.4.1 Exceptions. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ALL REMAINING PROVISIONS WILL SURVIVE AND OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11.5 You agree to fulfil all commitments made on your Account and in the General Terms and agree that, if you do not, we may legitimately withhold, adjust, or set-off player balances, payments on/to/or from your Account in the event that you do not do so.

11.6 Indemnification. Without limiting the generality of the foregoing you agree (to the maximum extent permitted by applicable laws) to defend, hold harmless and indemnify us, our sponsors, and each of the foregoing’s respective parent companies, affiliates, subsidiaries, officers, directors, employees, representatives, and agents for any and all losses, liabilities, costs, claims or damages (including reasonable attorneys’ fees) that we and our officers directors employees or contractors as a result of claims brought or asserted by any third party against us as a consequence of your use of our Platforms and your Account and your breach of the General Terms.
You agree (to the maximum extent permitted by applicable laws) that in the event of dispute as to any of your Game entries on our Platforms that our maximum liability to You is and will be limited to the the value of the Game prize legitimately (excluding Malfunctions) made available by us in relation to disputes over whether you have won a Game.

11.7 The above shall not act to exclude and limit our liability where it would be unlawful to do so.

11.8 Where the Platforms contain links to third party websites and resources, these links are provided for your information only. We have no control over the content of these websites or resources, and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third-party website does not constitute an endorsement of that third party’s website, product or services.

11.9 Our Platforms are made available to you (and others) on the basis of the core limitations (above) which you are taken to accept upon login or play. If you do not accept the above, then do not register an Account or use any of our Platforms.

12. COMPLAINTS

12.1 If you wish to make a complaint you may contact our Customer Service team via email at [email protected] or such other email provided on the applicable Platform.

12.2 Complaints will not be heard by us unless they are raised with us within twelve (12) months of the date of the event or events to which the complaint relates.

12.3 We will acknowledge your complaint promptly by return email, and begin a investigation of your complaint. The more information you can provide about your complaint, the better this will assist our investigation.

12.4 Following the investigation, the Customer Service team will email you their findings and the outcome.

12.5 If having dealt with our Customer Service team you are not satisfied, you can ask for the matter to be escalated to a manager to re-consider your complaint. The manager will reexamine your complaint and either uphold or overturn the initial finding of the Customer Service team.

12.6 In all cases we will endeavour to resolve your complaints within 8 weeks from the point at which we have been supplied by you with all relevant information. We may however take longer if you delay in providing us with all relevant information needed to investigate your complaint.

12.7 California Consumer Notice: Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at 1(800) 952-5210

13. INTELLECTUAL PROPERTY RIGHTS

13.1 We endeavour to present the Platforms in such a way that they do not rely on nor infringe third party intellectual property rights.

13.2 Occasionally, the Platforms may contain official photography, videos, or logos or crests. Where this is the case, we do not claim that we own such content but rather our use is pursuant to a license agreement in place with the third party in question or an approved licensor.

13.3 Subject to the above and unless stated otherwise, we are the owner and/or licensee of (without limitation) all copyright, trademarks, designs, text, photographs, videos, images and graphics, code, database, design, and all other intellectual property rights on our Platforms including any mobile or other version of it (the “Platform Content”). Those rights are protected by appropriate registrations and applicable laws and treaties.

13.4 You are granted a simple limited and revocable licence to access the Platform Content on our Platforms solely for the purpose of using your Account and the Services in accordance with the General Terms (only) and for no other purpose whatsoever and in object code form only. That licence is fully conditioned upon your ongoing compliance with the General Terms and subsists for so long as you are permitted access to our Platforms, whereafter it automatically ends. No other rights whether, express or implied, are or will be granted to you.

13.5 You agree that you shall not, copy, adapt, reverse engineer, decompile, disassemble, modify, use, or interfere with, “hack” or otherwise seek to compromise the Platform Content (and any related software game or data) or otherwise link to it. You confirm that any attempt to do so shall be considered a serious breach of this agreement between us justifying immediate termination and closure of your Account and/or such other action (including but not limited to legal action) as we may see fit.

13.6 For the avoidance of doubt, you agree not to use any part of the Platform Content for any commercial purposes without obtaining a licence to do so from us or, where applicable, our licensors.

13.7 Certain Games on our Platforms may additionally be subject to an end user licence agreement imposed by the originating provider of those Games or software on our Platforms for use or download of those Games or software. Where additional terms apply, we will make these accessible to you. You confirm, however, that you will comply with and be bound by any such terms.

14. PLATFORM CHANGES

14.1 We aim to update the Platforms regularly and may change the content at any time. In some cases, this may involve suspending access to the Platforms in order to make such updates.

15. FORCE MAJEURE

15.1 We shall not be in breach of the General Terms nor liable for a delay in performing, or failing to perform, any of our obligations under the General Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.

16. WAIVER

16.1 Our failure or delay in enforcing or partially enforcing any term of the General Terms shall not be interpreted as a waiver of any of our rights or remedies. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

17. SEVERANCE

17.1 If any court or competent authority finds that any provision (or part provision) of the General Terms is invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed deleted and the validity or enforceability of any other provisions of the General Terms shall to the extent required be deemed to be deleted, and the validity and enforceability of any other provisions of this agreement shall not be affected.

18. ASSIGNMENT

18.1 The General Terms are between you and us. We may transfer or assign your Account and our rights and obligations under the General Terms (for example to another of our companies or to third party companies in the event of business transaction), but you cannot assign your Account or rights and obligations under the General Terms to anyone.

19. ENGLISH LANGUAGE VERSION

19.1 To the extent that the General Terms are provided any in language other than English, this will be for reference only. In the event of any differences between the English version of the General Terms and any non-English versions, the English language version shall prevail.
20. ENTIRE AGREEMENT
20.1 The General Terms (as amended from time to time) amount to the entire agreement between us with respect to the Platforms.

21. GOVERNING LAW

21.1 Unless mandated otherwise by law, the general terms shall be governed and construed with the internal laws of the state of Delaware (USA) including procedural provisions without giving effect to any choice of law or conflict provisions that would cause the application of any other state’s or jurisdiction’s laws.

21.2 Notwithstanding the above, in respect of users located in United Kingdom (only), the general terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

22. BINDING ARBITRATION AND CLASS WAIVER (USA USERS ONLY)

22.1 PLEASE READ THESE “BINDING ARBITRATION” AND “CLASS WAIVER” PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH US OR ANY OR OUR AFFILIATES ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THE PLATFORM(S) AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF.

22.2 THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING OR PARTICIPATING IN ANY CLASS ACTION LAWSUIT, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION AGAINST US. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BROUGHT AGAINST LOW6 BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

22.3 Scope of Arbitration Provision. You agree that any dispute, claim or controversy arising out of or relating to your access to or use of any Platform (including Services) or this General Terms (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of the General Terms) (a “Dispute” or “Disputes”) asserted against us or any of our parent companies, subsidiaries, entities under common ownership or control, divisions, departments, partners, shareholders, officers or directors (“Affiliates”), shall be determined by arbitration as provided herein, with the sole exception that the parties to this General Terms are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents.

22.4 Waiver of Class Relief. You agree further that you will solely proceed with any Disputes you may have with us on an individual basis and that you will not commence a class action, class arbitration or other representative action or proceeding. By accepting this agreement future class action or any other consolidated or representative proceeding, including any existing as of the date of you agreed to the General Terms.

22.5 Waiver of Jury Trial. You further understand and agree that in the event of any Dispute, your claims will be decided by an arbitrator selected in accordance with the General Terms, and that you are waiving your right, where applicable, to a trial by jury.

22.6 Right to Counsel. Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these terms of use. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.

22.7 Location of Arbitration and Applicable Rules. The parties here agree that such arbitration shall occur in Delaware, USA. You may request to appear in such proceedings telephonically. You and us agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), as modified by the General Terms.

22.8 Authority of Arbitrator. With the exception of class procedures and remedies as discussed above under “Waiver of Class Relief,” the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.

22.9 Confidentiality. You and Low6 shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

22.10 Allocation of Arbitration Fees. For any arbitration initiated in connection with a Dispute, you will be required to pay arbitration fees of $250 in connection with any arbitration under this section, and we will bear all other costs charged by AAA or the arbitrator up to $5,000, and the allocation of fees of the AAA or arbitrator above $5000 shall be determined by the arbitrator. You will still be responsible for paying your own attorneys’ fees and costs.

22.11 Severability. If any portion of this section entitled “Binding Arbitration and Class Waiver” Is determined by a court to be inapplicable or invalid, it is the intention of the parties that the agreement be construed to the fullest extent to require arbitration and assertion of individual claims and that the agreement may be interpreted and rewritten as such to enforce such intent and purpose, and to the extent any terms in the section would be stricken, that the remainder shall still be given full force and effect to the greatest extent consistent with the intent and purposes of the parties.

23. COPYRIGHT NOTICE (USA USERS ONLY)

23.1 Low6 requires our users to respect the intellectual property rights of others. If you are the owner of copyright and you believe that your work has been used in the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with a notice meeting all of the requirements of the Digital Millennium Copyright Act (“DMCA”).

23.1.1 Your notice should contain the following information:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a clear description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located in the Services;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.
Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Low6 USA Inc.
16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex Attn: Copyright Agent

By email:
[email protected]

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