Terms of service
These Terms of Service were last updated on 10/27/2022.
THEREIN, YOU MAY NOT ACCESS OR USE THE GAMING SERVICE AND SHOULD EXIT THE GAMING SERVICE IMMEDIATELY. PLEASE READ THESE TERMS OF SERVICE (the "Terms of Service") CAREFULLY BEFORE USING THIS SERVICE.
As used herein, the term "Company" or "We" shall mean and refer to each of the following entities, individually or collectively, and all their respective parent, affiliate and subsidiary companies: Gamewise LLC, Delaware North iGaming Inc, .
The Properties are licensed and regulated by the Arkansas Racing Commission ("US Gaming Authorities" or “Arkansas Racing Commission”) for the purposes of operating and offering real-money Internet-based gaming services (hereinafter referred to as the "Gaming Services" or "Services"). When you (hereinafter referred to as "You" and "Your") use the Gaming Services, these Terms of Service (hereinafter referred to as the "Gaming Services" or "Agreement") shall apply to such use.
To use the Gaming Services, you must first complete a betting account registration form via the Betly Gaming Services application or website. Once we verify the information in your betting account application, your account will be enabled for betting within the geographic boundaries where we are licensed to operate and where your account has been successfully verified.
In addition to this Agreement and additional policies listed within it Betly offers you a Responsible Gaming Program. You have the ability to set gaming and spending limits as you see fit to enjoy our Gaming Services responsibly
1.2 The Company operates the Gaming Services and offers the Services under the appropriate Arkansas Racing Commission subject to the Arkansas Department of Finance and Administration, Casino Gaming Section, and sports wagering licenses. All Gaming Services transactions between you and the Company must take place in Arkansas.
1.3 The software offered by the Company (the "Software"), allows you to use the Gaming Services currently available via the Mobile Betting App or website. The Company reserves the right to suspend, modify, remove, or add to the Services in its sole discretion with immediate effect and without notice, subject to any statute, regulations, or direction from the Arkansas Racing Commission. To the greatest extent permitted by applicable law, your use of the Gaming Service constitutes the waiver of any loss or claim against the Company resulting from any changes made to the Software or Services. 1.4 You may only have one Mobile betting account for which you will register using your own legal name. You shall access the Software and use the Services only via your account, and you may never access the Software or use the Services by means of another person's account. Should you attempt to open more than one account, under your own name or under any other name, permit another person to use your account, or should you attempt to use the Services by means of any other person's account, We may block use of your account pending investigation, and/or notify the Arkansas Racing Commission of the suspected activity, which may result in the closure of your account, any other accounts opened in connection with other specific brands of the Company, and the preclusion from your future use of the Services.
2. Acceptance of Terms and Conditions
2.1 IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THIS AGREEMENT YOU MUST
IMMEDIATELY STOP ACCESSING OR USING THE GAMING SERVICES AND REMOVE THE GAMING
2.2 We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement (including any of the Additional Rules) from time to time and we will notify you of any such amendment, modification or change by publishing the new version of this Agreement (including any of the Additional Rules) on the relevant page of the Gaming Services. Unless otherwise stated, any modified version of this Agreement will take effect upon its publication on the Gaming Services and Your continued use of the Services or the Software after any modification will be deemed to constitute your acceptance of the changes to this Agreement. It remains your responsibility to ensure that you are aware of the correct, current terms and conditions of this Agreement and we advise you to check for updates on a regular basis.
3. Compliance with Laws and Location Verification
3.1 Use of the Services is restricted to users who are playing from within the State of Arkansas. You represent, warrant and agree to ensure that your use of the Gaming Services and the Gaming Services will comply at all times with all applicable laws, statutes and regulations.
3.2 You acknowledge that you must be physically within the State of Arkansas during any time of play and you will comply with any of Company's requirements in connection with verifying your physical location at time of play. In order to use the Gaming Services, you must allow the Gaming Services to transmit, collect, maintain, process and use your location data. If you adjust or turn off your mobile device's location services settings, you will not be able to use the Gaming Services. By downloading or using the Gaming Services, you consent to the Company transmitting, collecting, maintaining, processing and using your location data, including the real-time geographic location of your mobile device, in order to provide, analyze and improve the Gaming Services and any other location-based services available in the Gaming Services.
3.3 The Company shall not be responsible for any illegal or unauthorized use of the Gaming Services and/or the Services by you or by any other person using your Account. Please consult an attorney if you have any doubts about the legality of your use of the Gaming Services and the Services under the laws of any jurisdiction that applies to you. By accepting these terms, you agree to assist the Company, to the extent you are able, with its compliance with applicable laws and regulations.
3.4 Persons located outside of the State of Arkansas, at the time of their activity, may not use the Services to place a Wager via the Gaming Services.
3.5 UNDER NO CIRCUMSTANCES WILL WE NOR ANY OF OUR AFFILIATES OR THIRD-PARTY SERVICE
PROVIDERS AND THEIR RESPECTIVE AFFILIATES BE RESPONSIBLE OR LIABLE IN ANY RESPECT FOR
ANY LOSSES YOU MAY INCUR AS A RESULT OF YOUR LOCATION NOT BEING ABLE TO BE PROPERLY VERIFIED FOR ANY REASON. BY USING THE GAMING SERVICES, YOU UNDERSTAND AND AGREE THAT SUCH RESPONSIBILITY OR LIABILITY IS BORNE EXCLUSIVELY BY YOU.
4. Permitted Participation
4.1 No one under the age of 21 (individuals 21 or older referred to herein as "Legally of Age") may download the Gaming Services or use the Services under any circumstances and any person not Legally of Age who downloads the Mobile Application or uses the Services will be in breach of the terms of this Agreement and the laws of the State of Arkansas. Use of the Services by someone not Legally of Age, and anyone who facilitates use of the Services by someone not Legally of Age has committed a criminal offense and shall be prohibited from using the Services. The Company reserves the right to request proof of age at any time, to verify that persons not Legally of Age are not using the Services. The Company may terminate a person's account and exclude a person from using the Gaming Services or the Services if proof of age is not provided or if the Company suspects that a person using the Gaming Services, or the Services, is not Legally of Age. Company may, in its sole discretion, stop the transmission of any bonuses or winning funds to a person who is not Legally of Age.
4.2 You hereby explicitly consent that We may verify your registration details, such as your name, physical address where you reside, your date of birth and social security number, and a valid government issued identification item to confirm that you are Legally of Age. We reserve the right to verify that you have not been previously self-excluded or otherwise restricted from gaming with the Company and/or any affiliated gaming property or otherwise remain on the Company's self-exclusion list. By requesting certain documents, we reserve the right to verify your information, including your email address, physical address and mobile phone number, at any time. Requested documents may include, but are not limited to, (a) A valid government-issued photo ID, such as a valid passport or driver's license, or (b) proof of address, such as a utility bill. Should the documents fail the Company's internal security check (for example, if we suspect that the documents have been tampered with, or are in any way proved to mislead or misrepresent), Company shall be under no obligation to accept such documents as valid, and shall be under no obligation to provide feedback on the exact nature of the Company's findings with regards to the documents.
4.3 You hereby explicitly consent to the Company performing background checks on you for any reason, including, but not limited to, any investigation into your identity, any credit checks performed on the member, or any inquiries into your personal history. The basis for such investigations will be dependent on the specific case, but could include, and is not limited to, verification of your registration details, such as the name, address and date of birth, verification of your financial transactions, and verification of your gaming activity. The Company shall be under no obligation to advise you of such an investigation taking place. Such activities may include the use of specific third-party companies who perform the investigations as required. The Company may decide, in its sole discretion, to block your account, and withhold any funds that are present therein, on the basis of such an investigation. Any initial deposit funds in such account shall be refunded to you.
4.4 You declare and guarantee that you’re not part of the organization that provides the online games of chances (e.g., managers, individuals in key positions, individuals who come in contact with participants in the licensed games of chance when organizing the licensed games of chance, athletes, trainers and referees etc)
5. Information Technology/Intellectual Property
5.1 The Company hereby grants you a non-exclusive, non-transferable, non-sub-licensable right to install and use the Gaming Services and all content derived from the Gaming Services, including, but not limited to, the copyright and all other intellectual property rights therein, exclusively in connection with the use of the Services in accordance with this Agreement.
The Gaming Services's code, structure and organization are protected by intellectual property rights. Without limiting the generality of the foregoing, you must not: (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (b) sell, assign, sublicense, transfer, distribute, lease or grant a security interest in the Gaming Services; (c) make the Gaming Services available to any third-party through a computer network or otherwise; (d) export the Gaming Services to any country (whether by physical or electronic means); (e) collect, compile, aggregate, display, market, sell or otherwise distribute data or statistics obtained from the Services or Gaming Services; (f) use cheats, automation software (bots), hacks, or any other unauthorized third-party software designed to modify the Services or Gaming Services or collect data from the Services or Gaming Services, including without limitation, modifications and collections that violate the terms of this Agreement or the Additional Rules; or (g) use the Gaming Services in a manner prohibited by applicable laws, regulations and/or this Agreement (together the "Prohibited Activities").
5.2 You will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in connection with the commission of any Prohibited Activities.
5.3 The brand names relating to the Gaming Services and Services, any derivatives thereof and any other trademarks, service marks, trade names, domain names and logos used by the Company are owned by the Company, its affiliated entities, or its licensors with respect to the Services regardless of the platform (hereinafter referred to as the " Trademarks") and the Company, its affiliated entities and licensors (as applicable) reserve all rights to such Trademarks. You shall not use the Trademarks, or any confusingly similar marks except as expressly permitted herein.
5.4 In addition to the rights to its Trademarks, the Company or one of its affiliated entities and/or its licensors and/or its service providers own the rights in all other content including, but not limited to, the Software, games, images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Software or on the Gaming Services or in connection with the Services (the "Site Content"). The Site Content is protected by copyright and/or other intellectual property rights. You shall not modify any of the Site Content and shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site Content or information or work contained in the Software or on the Gaming Services or used in connection with the Services, except as expressly permitted herein.
5.5 You hereby acknowledge that by using the Services or the Gaming Services you obtain no rights in the Trademarks or the Site Content and you may only use the same for the purpose of accessing the Gaming Service for your personal use and in complete accordance with this Agreement.
5.6 You agree not to upload, post, email, transmit or otherwise make available through the Services or on the Gaming Services any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity or other right of any person or entity, or impersonates any other person.
5.7 Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement:
The Company respects the intellectual property rights of others and requires You to do the same. The Company may in its sole discretion immediately remove or disable any content or block or terminate your account if You are found to have infringed on the rights of the Company or of a third-party, or that has otherwise violated any intellectual property laws or regulations, or this Agreement. The Company will, in appropriate circumstances, terminate the accounts of repeat infringers. If you believe any material available on the Gaming Services infringes upon a copyright, or otherwise violates your intellectual property rights, you should notify the Company's Copyright Agent by providing the following information:
- (a) Identify the copyrighted work or other intellectual property that you claim has been infringed;
- (b) Identify the material on the Gaming Services that may be an infringement with enough detail so that we may locate it on the Gaming Services;
- (c) A statement by you indicating a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- (d) A statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- (e) Your address, telephone number, and email address; and
- (f) Your physical or electronic signature.
The Company's designated agent for notices of claims of copyright or other intellectual property infringement is:
Delaware North Companies Gaming & Entertainment Inc.
ATTN: General Counsel
250 Delaware Ave
Buffalo, NY 14202
6. Your Representations and Undertakings
In consideration of the rights granted to You to use the Services and the Gaming Services, you represent, warrant, covenant and agree that:
6.1 You are Legally of Age, as defined in this Agreement, of sound mind and capable of taking responsibility for your own actions.
6.2 All details you provide to the Company either during the registration process or at any time thereafter, are true, current, correct, and complete. You will promptly notify us of any changes to details previously provided by you to the Company. Should any of the information that you provide to the Company be untrue, inaccurate, misleading or otherwise incomplete, you will be in breach of this Agreement and we reserve the right to terminate your account immediately and/or prevent you from using the Gaming Services or the Services, in addition to any other action that we may choose to take. You shall not transfer any funds to any other player or account holder.
6.3 Your account with the Company is solely for your benefit. You shall not allow anyone (including a relative) to use your account, password or identity to access or use the Services or the Gaming Services and you shall be fully responsible for any activities undertaken on your account by a third-party. You will not reveal your account username or password to any person and you shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if you suspect that your account is being used by a third-party and/or any third-party has access to your account username or password, and you will cooperate in any investigation of such matter.
6.4 You are responsible for the security of your username and password, including biometric log-in information, on your own computer /or mobile device on which the Gaming Services is or may be accessible including an internet access location. If this username/password combination is "hacked" from your computer and/or mobile device, due to any virus or malware that may be present on the computer and/or mobile device that you access your account with, this is your responsibility. You are responsible for reporting any possible hacking attempts or security breaches from your computer or mobile device immediately to the Company.
6.6 You are fully aware that there is a risk of losing money when gaming by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. In relation to any loss or claim arising out of or in any way related to the Services, you shall have no claims whatsoever against, and you fully release the Company or any company within the same group of companies as the Company or their respective directors, officers, employees, service providers, agents, or any affiliates of any of the foregoing subject to any applicable law.
6.8 You agree to use the Gaming Services, Services and Software in complete accordance with this Agreement and the Additional Rules, as amended from time to time, and shall abide by all rules and instructions for playing the games that comprise the Services.
6.9 You are solely responsible for all taxes and tax reporting to any relevant governmental, taxation or other authority on any winnings paid to you by the Company or any other related or affiliated entity, subject to applicable local, state and/or federal tax regulations.
6.10 You are solely responsible for any telecommunication network and Internet access services and costs, other consents and permissions required in connection with Your use of the Gaming Services and the Services. In case of any disconnection or interference with the connection or any alteration to your system made by you, the Company may not guarantee that the Gaming Services shall recall your exact status prior to the disconnection event.
6.11 You shall use the Services and the Gaming Services only in good faith towards both the Company and the other players using the Services. In the event that the Company deems you have been using the Services or the Gaming Services in violation of this Agreement, in violation of any applicable law and/or to cause direct or indirect harm or injury to the Company or any user of the Services, the Company shall have the right, to terminate your account with the Services and any other accounts you may hold with the Company and the Company shall be entitled to retain all monies therein. Subject to any applicable law, you hereby expressly waive any future claims against the Company in such regard.
6.12 You acknowledge and agree that should you choose to exclude yourself from the Services operated by this Gaming Serviceslication, you shall not be permitted to open or use a new account with the same location. You may have other Gaming Services accounts with other operators or with an affiliate location and use the Services during your selected self-exclusion period. If you wish to self-exclude for more than an individual application that is your responsibility to follow the appropriate steps to ensure that you are excluded on all applicable providers. In the event, you are in breach of the foregoing, the Company will block any new account you open with another Gaming Services operated by the Company and shall not be liable to refund you any funds you may have wagered or won through such account.
6.13 You hereby consent to the Company and/or the Arkansas Racing Commission monitoring and recording your wagering communications and geographic location information at any or all times and you shall have no claims against the Company in such regard.
7. Prohibited Uses of the Sites and Services
7.1 You declare that the source of funds used by You for gaming on the Gaming Services is not illegal and that you will not use the Services in any way as a money transfer system. You will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under U.S Federal laws and/or the laws of the State of Arkansas, the Regulations of the Arkansas Racing Commission and/or any directives or instructions of the Arkansas Racing Commission. In connection with making a deposit, you represent that:
- All money that you deposit in your Account originates from a payment source of which you are the legal owner;
- All money that you deposit in your Account is free from and unconnected to any illegality and, in particular, does not originate from any illegal activity or source; and
- All payments made into your Account are authorized and you will not attempt to reverse a payment made into your Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability.
If the Company has a suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement, your access to the Services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund you any funds that may be in Your account, in addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent you from accessing any of the Company's other Gaming Services or servers, or accessing any other services offered by the Company. The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together " Interested Third-Parties") of your identity and of any suspected unlawful, fraudulent or improper activity. You agree to cooperate fully with the Company to investigate any such activity.
Internet gambling may be unlawful in the jurisdiction in which you are located; if so, you are not authorized to use your payment card to complete this transaction.
7.2 The use of any automated tool, including to provide assistance in placing bets or any other way, in connection with your use of the Services is strictly prohibited. Therefore, the use of any software, program or robot which in the Company's opinion is endowed with artificial intelligence or any external devices, programs or applications (hereinafter referred to as "Software Aid") in connection with your use of the Services is strictly prohibited. We constantly review the use of the Services in order to detect the use of any Software Aid and in the event, that we deem it has been used, Company reserves the right to take any action we deem fit, including immediately blocking access to the Services to the offending user and terminating such user's account. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund you any of the funds that may be in your account, with such funds being forfeited. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent you from accessing any of the Company's other Gaming Services or servers, or accessing any other properties or services offered by the Company.
7.3 If We have reason to suspect that an account or group of accounts are operating systematically - for example employing specific wagering techniques or wagering as a group, the Company shall have the right to block or terminate all accounts and in such circumstances, the Company shall be under no obligation to refund you any funds that may be in your account, with such funds being forfeited.
7.4 The Company will not provide any information to you with regards to investigations or any subsequent outcome which it conducts into your use of the Services.
8. Your Account
8.1 Your account is for your sole personal use only and shall not be used for any professional, business or commercial purpose.
8.2 Company shall not be responsible for any third-party access to your account. Under no circumstances shall the Company be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorized access to your account. All transactions where your username and password have been entered correctly, or biometrics were used in lieu of username/password, will be regarded as valid whether or not authorized by you.
8.3 Monies held in your account shall not gain any monetary interest.
8.4 Wagering accounts will be suspended after 16 months without wagering activity. To Re-activate a suspended wagering account the account holder must contact the Company via customer support channels.
8.5 We reserve the right to limit or refuse any bet made by you or through your account. The Company does not extend credit to any player for any reason for wagering or playing or any related activities on the Gaming Services.
9. Obligations of the Company
9.1 The Company has no obligation to check whether users are using the Services in accordance with this Agreement or the Additional Rules, as updated from time to time.
9.2 Company may investigate or pursue complaints made by a player against any other player using the Services and may take any action in connection therewith or take any action against a player for any reason, including without limitation for violating the terms of this Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behavior or otherwise violating the terms of this Agreement, but is under no obligation to do so. Additionally, complaints may be filed with the Arkansas Racing Commission.
9.3 The Company has no obligation to maintain account names or passwords. If you misplace, forget or lose your username or password because of anything other than the Company's error, the Company shall not be liable. The System allows you the ability to reset your password on the Gaming Services; however, obtaining your username requires you to contact customer service at:
[email protected], (870) 771-3700.
10. Dispute Resolution
10.1 You understand and agree that (without prejudice to your other rights and remedies) the Company records shall be the final authority in determining the terms of your use of the Services and you shall have no right to dispute the Company's decisions in regard to such matters.
10.2 In relation to any and all disputes between you and the Company, which are unable to be resolved within ten calendar days from the Company notification date, the dispute will be forwarded to the Arkansas Racing Commission for additional review and investigation pursuant toxxxx. The award and/or determination of the Arkansas Racing Commission in relation to any investigation into the services shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.
10.3 Claims or disputes should be submitted as soon as identified or within thirty (30) days after the date of the original transaction or giving rise to the dispute. All claims or disputes should be raised with the customer service department at [email protected] or by calling (870) 771-3700.
10.4 You hereby consent to the jurisdiction of the State of Arkansas to resolve any disputes arising out of the Gaming Services or use of the Gaming Services.
11. NO WARRANTY
11.1 THE SERVICES AND THE GAMING SERVICES ARE PROVIDED "AS IS". THE COMPANY MAKES NO
WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE
OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
COMPLETENESS OR ACCURACY OF THE SERVICES OR THE GAMING SERVICES OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE GAMING SERVICES LIES WITH YOU.
11.2 THE COMPANY MAKES NO WARRANTY THAT THE GAMING SERVICES OR SERVICES WILL MEET
YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES.
11.3 IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICES OR
RESULTING IN LOSS OF DATA OR WINNINGS OR ANYTHING ANALGOUS THERETO BY YOU OR ANY
OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, THE COMPANY SHALL IN NO WAY
BE LIABLE TO YOU AND THE COMPANY RESERVES THE RIGHT TO VOID ALL GAMES IN QUESTION AND
PAYMENTS IN RELATION THERETO AND MAY TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS EXCEPT THAT THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
11.4 THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD-PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.
12. Limitations of Liability
12.1 You are free to choose whether to use the Services and do so at your sole option, discretion and risk.
12.2 The Company, its affiliated companies, any third-party service provider (the "Affiliates"), and its third-party licensors shall not be liable to you or any third-party in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with your use or any third-party's use of the Gaming Services or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where We have been notified by You of the possibility of such loss or damage).
12.3 Neither the Company nor its Affiliates nor its third-party licensors shall be liable in contract, tort, negligence, or otherwise for any loss or damage whatsoever arising from or in any way connected with your use of any link contained on the Gaming Services or otherwise via the Services. The Company, its Affiliates and its third-party licensors are not responsible for the content contained on any Internet site linked to or from the Gaming Services or otherwise via the Services.
12.4 The Company, its Affiliates and its third-party licensors shall not be liable to You or any third-party for any modification to, suspension of or discontinuance of the Software or the Services.
12.5 If the Gaming Services or Services fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Gaming Services, Services, or their respective content, or any error or omission in content or any other factors beyond our control: (a) the Company, its Affiliates and its third-party licensors will not be responsible for any loss, including loss of winnings, that may result from the circumstances detailed in the paragraph above; and (b) if any such errors result in an increase in winnings owed or paid to You, you shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error and shall repay any winnings credited to Your account in error to the Company (as directed by the Company) or the Company may, in its discretion, deduct an amount equal to those winnings from Your account or set off such amount against any money owed to You by the Company. If the Company is able to determine the Gaming Services or Services fails to operate correctly as a result of factors within the Company's control, the Company shall determine how to handle player compensation.
13. Breach of Terms and Conditions
13.1 You agree to fully indemnify, defend and hold the Company, Affiliates, third-party service providers and licensors and their respective companies, and their respective officers, directors and employees harmless immediately on demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
- (a) any breach of this Agreement by You.
- (b) any violation by You of any law or the rights of any third-party.
- (c) any use by You of the Services or Gaming Services or use by any other person accessing the Services or Gaming Services using Your user identification, whether or not with Your authorization; or
- (d) any acceptance of any winnings.
13.2 In addition to any other remedy available to the Company, if You breach this Agreement or the
Additional Rules or the Company has reasonable grounds for suspecting that You have breached this Agreement or the Additional Rules, Your winnings may be forfeited at the discretion of the Company, in compliance with the Arkansas Racing Commission, and the Company may retain any positive balance then existing in Your account based on any damages or other amounts owed by You to the Company pending investigation and/or the conclusion of any legal proceedings. Failure to comply with this Agreement may also result in disqualification, account closure and/or legal action being taken against you. Additionally, disputes may be investigated by the Arkansas Racing Commission.
14. Duration and Termination
14.1 This Agreement shall be in full force and effect immediately upon your access or use of the Gaming Service Gaming Services and shall continue in full force and effect unless and until terminated in accordance with its terms.
14.2 We may terminate this Agreement and close your account immediately without notice:
- (a) in the event, for any reason the Company decides to discontinue to provide the Services in general or specifically to you;
- (b) in the event Company believes that you have breached any of the terms of this Agreement;
- (c) in the event your use of the Services has been in any way improper or breaches the spirit of this Agreement;
- (d) in the event your account is associated in any way with any existing account that has been terminated. If your account is associated with, or related to, existing blocked accounts, we may terminate your account, irrespective of the nature of this relationship, and the registration details provided on said accounts;
- (e) upon instruction of the appropriate law enforcement agency or regulatory body; or
- (f) for any other reason, Company may determine.
Unless otherwise provided herein, or as required by law or regulation, on termination of this Agreement any balance in your account will be returned to you within a reasonable time of your request, subject to Company's right to deduct any amounts owed by you to Company.
14.3 You may terminate this Agreement and close your account at any time by sending an email to us at [email protected] or calling (870) 771-3700. Such termination is to take effect upon the Company closing your account, which shall occur within no later than ten calendar days after receipt by the Company of your email on our servers or within the time provided during your customer service phone call. You shall remain responsible for any activity on your account between notifying us of your request to terminate this agreement and processing of account closure by the Company.
14.4 On termination of this Agreement You shall:
- (a) discontinue the use of the Gaming Services and the Services;
- (b) pay all amounts due and owing to the Company; and
- (c) remove and permanently delete the Gaming Services from your computer equipment and/or mobile device and destroy all related documentation in your possession, custody, power or control.
14.5 The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
14.6 Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other party under this Agreement.
14.7 In the event of our termination of this Agreement on account of your breach of this Agreement (including the Additional Rules), your account will be closed, and any funds in your account shall be returned to you. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent you from accessing any of the Company's other Gaming Servicess or servers, or accessing any other properties or services offered by the Company and you shall have no claims against the Company in such regard.
14.8 If You chose to use a self-exclusion option made available to you within the mobile application, the Company shall close or restrict your account as soon as detected. If You chose to self-exclude through the Arkansas Racing Commission program, the Company shall close or restrict your account as soon as notified and detected. Company is not obligated to refund to you any funds you may have wagered before your request was made through your account.
14.9 Responsible gaming exclusion choices made through the mobile application are applicable to the specific mobile application you requested the exclusion through. While Company will take steps to deny access, it is not obligating itself to prevent access to any other wagering or any other brands operated by the Company. It is your responsibility to restrict yourself as needed from additional wagering including any other brands operated by the Company. If you attempt to open new accounts with the same personal information after self-exclusion, we will deny the account as soon as detected. Company shall not be obligated to refund you any funds you may have wagered or won through such account.
15.1 If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
15.2 No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
15.3 Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
15.4 Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and us.
15.6 The Company reserves the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, in the event of a reorganization of the corporate group in which the Company exists or in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.
15.7 You agree to not transfer, assign, sublicense or pledge in any manner whatsoever any of Your rights or obligations under this Agreement.
15.8 Nothing in this Agreement shall be construed so as to grant You any security interest whatsoever over the assets of the Company, including for the avoidance of doubt on any amounts standing to the credit of Your account.
15.9 Pursuant to State and/or Federal law, you may be required to complete certain tax forms before winnings that exceed a taxable threshold can be released to You. By using the Services, you agree to comply in full with all applicable tax laws, and hereby release Company from any liability associated with Your compliance therewith.
16. Arkansas Regulations
Notwithstanding anything contained herein, the Services are provided in accordance with applicable Arkansas State and United States federal regulations..
17. Customer Support, Contact Information and Special Promotions
17.1 For service quality assurance, calls made by you to the customer service department may be recorded.
17.2 You hereby expressly consent to the Company using the contact details provided by you on registration to occasionally contact you directly in relation to your use of the Services or any other products or services offered by the Company, its partners or affiliates from time to time including but not limited to your (i)email address, (ii)mobile phone number for calls or SMS or MMS texts and (iii) physical mailing address.
17.3 The Company will not tolerate any abusive behavior exhibited by users of the Service to the Company's or its service provider's employees. In the event that the Company, in its sole discretion, deems that your behavior, via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of the Company's or its service provider's employees, the Company shall have the right to block or terminate your account with the Company.
17.4 The Company may, from time to time, offer you special promotions. These promotions may be communicated to you by various means, including but not limited to (i) email, (ii) mobile phone, (iii) SMS text message, and (iv) additional windows opening from within the Gaming Services. Promotions begin at 12:01am and end at 11:59 pm EST on specified dates, unless stated otherwise in the promotion's Terms & Conditions.
17.5 Company shall provide you with an opt-out option in relation to various types of marketing communications from the Company and should you choose to opt-out from communications, the Company shall respect your wishes in such regard.
17.6 If you have any questions, complaints, or claims, with respect to the Gaming Services or require assistance or support please contact Company. You may contact Company by email at [email protected], or by phone at (870) 771-3700.
18. Minimum Hardware Requirements
In order to enjoy the Services, you are required to install a downloadable application.
18.1 To download the Gaming Services on your iPhone or iPad, you must have at least the iOS v12+.
18.2 To download the Gaming Services on your Android device, you must have at least the Android v9+.
19. Governing Law
20. Language Discrepancies
This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
21. Regulatory Body
If You are not satisfied with the resolution offered by the Company, you may contact the Arkansas
Racing Commission. The Company and You consent to the jurisdiction of the State of Arkansas to resolve any disputes arising out of interactive gaming that cannot be resolved between the Company and You.
22. No Liability Against Vendors or Distributors; Third-Party Beneficiaries.
You acknowledge and agree that (i) this Agreement is between You and Company, and not any Company third-party vendors (such as any wireless carriers, technology developers, advertisers, sponsors, licensors, distributors and/or service providers) ("Vendors") or the distributors of the Mobile Sports App (such as, and/or including, but not limited to, Apple) ("Distributors") and their subsidiaries, (ii)
Company, (and not the Vendors or the Distributors), are solely responsible for the Services and Mobile Sports App, (iii) the Vendors and Distributors have no responsibility whatsoever to furnish any maintenance and support services with respect to the Services and Mobile Sports App, (iv) to the maximum extent permitted by applicable law, the Vendors and the Distributors will have no other warranty obligation whatsoever with respect to the Services and Mobile Sports App, (v) the Vendors and
Distributors are not responsible for any claims (including, product liability claims, any claims that the Services or Mobile Sports App fails to conform to any applicable legal or regulatory requirement, or arising under consumer protection or similar legislation) that you or third-parties have arising out of your use of the Services and Mobile Sports App, (vi) the Vendors and Distributors will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the Services and Mobile Sports App infringe on a third-party's intellectual property rights, and (vii) the Vendors and Distributors and their subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of this Agreement, the Vendors and Distributors will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
PLEASE PRINT OFF AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS.