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Outlier Terms & Conditions

 

These Terms and Conditions of Use (the “Terms of Use”) apply to all associated sites owned or operated by the Colorcast, Inc., and its subsidiaries and affiliates, including, but not limited to, the Outlier website currently located at www.Outlier.bet (the “Site”), and the Outlier iOS and web application (together, the “Company”). 

The Site, the iOS and web application, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by the Company are referred to here as the “Service.” Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Service. 

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE COMPANY, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICE. 

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE COMPANY’S SERVICE. IT IS THE RESPONSIBILITY OF THE USER TO ENSURE GAMBLING IS LEGAL IN YOUR STATE OR COUNTRY. THE COMPANY DOES NOT CONDONE UNDERAGE GAMBLING. THE INFORMATION ON THIS SITE SHOULD BE USED FOR ENTERTAINMENT PURPOSES ONLY.

THE SERVICE IS PROVIDED WITH ABSOLUTELY NO GUARANTEE OF PROFIT. THE COMPANY WILL TRY TO SUPPLY YOU WITH THE BEST INFORMATION AVAILABLE TO US. HUMAN ERROR CAN OCCUR IN THE DATA. ALTHOUGH WILL TRY OUR BEST TO ENSURE YOU’RE GETTING THE MOST ACCURATE DATA, WE CAN’T ENSURE THAT THE MOST UP TO DATE DATA IS ALWAYS PRESENTED. NO LIABILITY OF ANY SORT FOR INACCURATE DATA IS ASSUMED BY THE COMPANY.

IF YOU USE THIS DATA TO MAKE A WAGER, PLEASE ONLY BET AMOUNTS THAT YOU CAN AFFORD TO LOSE.

THE COMPANY IS NOT AND SHOULD NOT BE CONSIDERED A SPORTSBOOK. THE COMPANY DOES NOT FUNCTION AS THE COUNTER-PARTY TO ANY WAGER, DOES NOT SET LINES, DOES NOT ESCROW CUSTOMERS FUNDS, AND DOES NOT PAYOUT CUSTOMERS FOR SUCCESSFUL WAGERS.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, consistent with applicable law. It is your responsibility to check these Terms of Use periodically for changes. the Company will post a notification on this Site or otherwise provide notice to you if these Terms of Use materially change. Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification. If you do not agree to the changes, do not continue to use this Site after the date they become effective. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content and Intellectual Property

All historical player performance, stadium weather, lines, odds, betting percentages, betting systems, performance trends, sportsbook odds, stadium trends, and related and/or similarly displayed stats, scores, trends, insights, information, in addition to articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by the Company or its licensors, and is protected by U.S. and international intellectual property and proprietary rights.

All trademarks appearing on the Site and Service are the property of their respective owners, including, in some instances, the Company and/or its partner companies. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by the Company or by any third party.

When accessing the Site or Service, you agree to obey the law and to respect the intellectual property rights of the Company and others. You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by any Feedback (as defined below) and PII (as defined below) that you provide or transmit to the Company.

All materials contained or distributed by the Company are owned by the Company or its licensors. You must not reproduce, modify, copy, publish, transmit, prepare derivative works based upon, distribute, perform or display the Company materials without first obtaining the written permission of the Company and, if applicable, any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing the Company’s materials. Company materials may not be used in any unauthorized manner.

Use, Restrictions, and Responsibilities

You may browse the Site and engage with the Services and all associated content solely for your personal use and enjoyment. Except as expressly provided in these Terms of Use, no part of the Site or Services may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or otherwise exploited in any way (including, but not limited to, by “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or Services, or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site or Services. You may not attempt to gain unauthorized access to any portion or feature of the Site or Services, or any other systems or networks connected to the Site or Services or to any server of the Company, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or Services or any network connected to the Site or Services, nor breach the security or authentication measures on the Site or Services or any network connected to the Site or Services. You may not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used in providing this Site or Services, trace or seek to trace any information on any other user of or visitor to the Site or Services, or any other customer of the Company, including any Company account not owned by you, to its source, or exploit the Site or any Service or information made available or offered by or through the Site or Services, in any way where the purpose is to reveal any information, including but not limited to PII, other than your own information, as provided for by the Site or Services.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or Services or any transaction being conducted on the Site or Services, or with any other person’s use of the Site or Services, including, but not limited to, by interfering or attempting to interfere with service to any visitor, host, or network, such as by means of submitting a virus or any other harmful component to this Site or Services, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” this Site. In addition, you agree not to use this Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services.

You also agree not to frame or utilize framing techniques to enclose any aspect of this Site or Services, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other “hidden text” utilizing the Company’s name or trademarks without the Company’s express written consent.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Site or Services or any service offered on or through the Site or Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Services or the Company’s systems or networks, or any systems or networks connected to the Site or Services or to the Company.

Accounts may not be shared and may only be used by one individual per account. You are responsible for maintaining the confidentiality of Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify the Company of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

You acknowledge and agree that the Company is authorized to act on instructions received through the use of your Username and Password, and that the Company may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.

The Company may require you to change your Username or may unilaterally change your Username.

You may not use the Site or Services, including, but not limited to, any Content or materials contained therein, for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others. Any violation of the Company’s system or network security may subject you to civil and/or criminal liability.

License of Application

Subject to your compliance with these Terms, the Company grants you a limited non-exclusive, non-transferable license to download and install a copy of the iOS application on a device that you exclusively control and to run such copy of the application solely for your own personal use. The Company reserves all rights in and to the application not expressly granted to you under these Terms. You will not run any version of the application on a jailbroken device.

If you have downloaded our application, you agree to promptly download and install any new version that we make available through the iTunes App Store. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclosed them. Accordingly, failure to promptly update your version of the application may in some cases expose you to increased security risks or Service malfunctions.

Additional Terms for iOS App

You acknowledge and agree that (i) these Terms are binding between you and the Company only, and Apple is not a party hereto, and (ii) as between the Company and Apple, it is the Company that is responsible for the application and the content thereof. You must use the iOS application only on an Apple-branded product that runs iOS. Your use of the application must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the application.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the application or your possession and use of the application, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the application infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the application to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the application (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and, as between Apple and the Company, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Company’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit the Company’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.

Additional Terms for SMS Marketing

By consenting to Outlier’’s SMS marketing program in your Profile Notification Center, you agree to receive recurring text notifications related to your subscription, text marketing offers, and transactional texts, including requests for reviews or feedback from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies but will be no more than twice per week. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at [email protected] or (512) 858-6991 for more information. 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy https://outlier.bet/privacy to determine how we collect and use your personal information.

Feedback

Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site, the Services, or the Company that you provide to the Company (but excluding your PII) (collectively, “Feedback”) is deemed to be the Company’s proprietary information. The Company may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Site or Services, and the Company shall own all rights, title and interest in and to the Feedback and such improvements and modifications.

The term “Feedback” does not include any personally identifiable information, such as your name, email address, physical address, phone number(s), and credit card information (collectively, “PII”) that you may provide to the Company, and which is subject to the privacy standards set forth in the Company’s Privacy Policy. To access parts of the Site or Services, you may be asked to provide certain information, including, but not limited to, PII. It is a condition of your use of this Site and Services that all the information you provide, including, but not limited to, PII, is correct, current and complete.

Purchases, Cancellations, and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site and Services, including, but not limited to, contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or Services, the latter terms shall control with respect to your use of that portion of the Site or the specific Service. The Company may make changes to any products or Service offered on the Site, or to the applicable prices for any such products or services, at any time, in accordance with the notice procedures set forth above.

You may cancel your subscription at any time. However, there are no refunds for cancellation. Payments are nonrefundable and there are no refunds or credits for partially used billing periods. 

You can cancel your subscription at any time, and you will continue to have access to the Site and Services for the remainder of your applicable billing cycle. 

Your subscription to the Company may begin with a free trial. The duration of the free trial period of your subscription will be specified during checkout and is intended to allow first-time users to try our Site and Services. Trials require at least one valid Payment Method associated with your account. We will charge the subscription fee for your next billing cycle to your Payment Method at the end of the free trial period and your subscription will automatically start unless you cancel your subscription prior to the end of the free trial period. For Services provided on the Site, payment will be handled by the Company. For Services provided on the Outlier iOS application, payment will be handled entirely by Apple. To view the applicable subscription price and end date of your free trial period, visit our website and click Settings on your account page or, if accessing our iOS application, visit your iOS device settings. Once a charge is made, there is no refund available and you will need to follow the cancellation process to avoid being charged at the completion of your current billing period.

Fees for the Service will be invoiced monthly in advance or as otherwise as specified in the applicable subscription or plan. Unless otherwise stated in an invoice, charges are due immediately on the invoice date. You are responsible for maintaining complete and accurate billing and contact information with the Company. By providing a credit card to the Company for pre-authorized payments, you authorize the Company to charge your credit card or debit account for all outstanding Fees, Taxes, charges and outstanding account balances due and outstanding. This constitutes the Company’s good and sufficient authority for so doing.

You shall: (i) keep the billing, credit card and payment information you provide to the Company or its suppliers or payment processors, including name, credit card number and expiration date, mailing address, e-mail address and telephone number, accurate and up to date; (ii) promptly advise the Company if your credit card information changes due to loss, cancellation, or any other reason; and (iii) be liable for your failure to pay any fees billed to you by the Company caused by your failure to provide the Company with up to date billing information.

To offset its additional processing costs, the Company may charge you for administrative expenses charges including, but not limited to: collection efforts due to non-payment or having a balance over your credit limit, returned or rejected payments, or changes in personal identifying information. All administrative charges charged to you will be indicated in your invoice invoice or receipt. You are required to promptly pay all such charges. 

Any payment not received from you by the due date may accrue (except with respect to charges then under reasonable and good faith dispute), at Company’s discretion, at the maximum rate permitted by law, from the date such payment was due until paid.

Unless otherwise stated, the Company’s fees do not include any direct or indirect local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and services, harmonized, use or withholding taxes (collectively, “Taxes”). You is responsible for paying all Taxes associated with its purchases hereunder, excluding taxes based on Company’s net income or property. If the Company has the legal obligation to pay or collect Taxes for which you are responsible under this section, the appropriate amount shall be invoiced to and paid by you, unless you provide the Company with a valid tax exemption on certficate authorized by the appropriate taxing authority.

Promotions

As a result of your registration for the Site or Service, you may receive certain commercial communications from the Company. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to [email protected]. Following such an opt-out, the Company may still communicate with you via email to the extent permitted by applicable law.

Privacy

The Company’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site or Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site or Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

You hereby grant the Company a non-exclusive, non-transferable, irrevocable, worldwide, royalty-free, fully paid-up license to use and otherwise exploit your data as reasonably required to provide the Service. The forgoing license shall include the right for the Company to use and copy your for the purpose of creating aggregated and anonymized statistical analytics with respect to the Site or Service. The Company shall own all aggregated statistics created from your data.

We may use personal information to:

  • Protect our, your, or others’ rights, privacy, safety or property (including by making and defending legal claims);
  • Enforce these Terms of Service;
  • Audit our internal processes for compliance with legal and contractual requirements and internal policies;
  • Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft; and
  • Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

We do not sell personal information. In the ordinary course of business, we may share personal information with:

  • Companies and individuals that provide services on our behalf or help us operate the Site or Services (such as hosting, analytics, customer support, email and SMS delivery).
  • Professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render to us.
  • Law enforcement, government authorities, and private parties as we believe necessary to: (a) protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the App; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity.
  • Acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale, or other disposition of all or any portion of the business or assets of, or equity interests in the Company or our affiliates (including, in connection with a bankruptcy or similar proceedings).

The Company shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual, unrestricted license to use or incorporate into the Site or Services and/or any other products or services any suggestions, enhancement requests, recommendations, or other feedback provided by you relating to the Site or Services.

Third-Party Content, Links, and Services

The Company may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase and/or register for products or services, including, but not limited to, sportsbook applications, services, bonuses, and betting markets (collectively, “Third-Party Content”). In consideration for the convenience of the Company making this Third-Party Content available or accessible to you, you acknowledge that the Company has not reviewed all of the Third-Party Content and that the Company is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices of third parties offering such Third-Party Content. You must contact the third party directly for any remedies that may be available to you. Please be aware that access to any Third-Party Content does not constitute an endorsement by the Company or any of its subsidiaries or affiliates of any third parties or Third-Party Content. Likewise, the Company is not the seller of products purchased from third parties offering Third-Party Content and is in no way responsible for satisfactory delivery of their products and/or services, ensuring their pricing, and/or otherwise delivering on any representations made by such Third-Parties. The Company may from time to time engage certain affiliates or other third parties, including, but not limited to sports data providers and sportsbooks, to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party participation is acceptable.

Monitoring and Copyright Complaints

The Company may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site or Service in a way that constitutes copyright infringement, you may notify the Company by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):

  • a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
  • information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an e-mail address;
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
  • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the written communication to the Company’s copyright agent by e-mail and by U.S. Mail to:

Colorcast, Inc.

10900 Research Blvd

Ste 160C

PMB 3242 

Austin, TX 78759

United States 

(512) 858-6991

[email protected]

Attn: DMCA Agent

Disclaimers

THE COMPANY DOES NOT PROMISE THAT THE SITE, SERVICES, APPLICATION, OR ANY CONTENT, PRODUCT, SERVICE OR RELATED FEATURE, INCLUDING STATISTICS AND BETTING ODDS, WILL BE AVAILABLE, ERROR-FREE, ACCURATE, UP-TO-DATE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, SERVICES, AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE AND SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. 

THE COMPANY CANNOT ENSURE THAT THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY FILES, STATISTICS, BETTING ODDS, OR OTHER DATA YOU DOWNLOAD FROM OR ACCESS ON THE SITE OR SERVICES, WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES. 

THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES OF THE COMPANY. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, SERVICES, AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

YOU UNDERSTAND THAT THE SITE AND SERVICES CONTAIN INFORMATION ABOUT SPORTS, HISTORICAL SPORTS TRENDS, AND SPORTS BETTING, BUT THAT THIS INFORMATION DOES NOT CONSTITUTE “ADVICE,” NOR DOES IT CONSTITUTE ANY “RECOMMENDATION” ON WHETHER OR HOW TO ENGAGE IN SPORTS BETTING. 

THE COMPANY ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF BETTING RISKS. ANY SPORTS BETTING ACTIVITY IS INHERENTLY RISKY AND UNDERTAKEN AT YOUR OWN RISK.

Applicable Law, Venue, and Dispute Resolution

By use of the Site or Services you irrevocably consent to the application of the laws of the State of Texas, without regard to its conflicts of laws provisions, to govern any and all disputes with the Company related to these Terms of Use. Subject to the injunctive relief terms set forth herein, you also irrevocably consent to the exclusive venue of the courts of Travis County, Texas or the U.S. District Court for the Western District of Texas. If you access the Site or Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any dispute relating in any way to your visit to this Site or Services shall be submitted to confidential arbitration in Travis County, Texas, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts.

Either you or we may start arbitration proceedings. Any arbitration between you and the Company will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and the Company agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). 

The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. The Company can also help put you in touch with the AAA. Any arbitration hearings will take place in Travis County, Texas, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules, in Travis County, Texas.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). The Company’s address for Notice is: Colorcast Inc., 1200 Elm Street #207, Austin, TX 78703. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of the Company’s last written settlement offer, then the Company will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. 

The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Customer support is available to you on our website. You shall use your best effort to settle any dispute, claim, question, or disagreement and engage in good faith negotiations with customer support. This shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE SITE, APPLICATION, OR ANY RELATED SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF 

THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The above limitation applies to your use, misuse, or reliance upon the Site or Services, including, without limitation, damages you may incur because of Third-Party Content advertised on, or linked to the Site or Services.

Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations may not apply to you; all other provisions of these Terms of Use shall remain in full force and effect.

Indemnity

You agree to defend, indemnify, and hold harmless the Company and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site or Services, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site or Services, (iii) any actual or alleged infringement by you, or any person accessing the Site or Services, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of Site or Services utilizing your account information, whether or not known or authorized by you.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without the Company’s prior written consent.

Rights to Terminate Use

Upon termination of your account for any reason, the Company will retain your data in accordance with its Privacy Policy. Even if your account is terminated, be aware that these Terms of Use, to the extent any provisions by their nature will survive any expiration or termination of these Terms of Use, shall so survive.

To the extent that any part of this Site offers subscriptions to users, the Company reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, upon which time affected users shall be notified of such cancellation.

You agree that the Company reserves the right, without prejudice to its other rights, to suspend or terminate your use of the Site at any time where the Company has determined, in its sole discretion that the use of the Site by you is, or was, in breach of these Terms of Use. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO THE COMPANY AND WITHOUT ANY LIABILITY WHATSOEVER, THE COMAPANY AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS YOUR ACCESS TO THE SITE AND/OR THE SERVICES.

You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice and cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.

State-Specific Provisions

Under California Civil Code Section 1789.3, users of this Site from California 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 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. The Company may be contacted via email at [email protected]

We are providing this supplemental privacy notice to Consumers in California, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”).

The CCPA grants California residents the following rights:

  • Our Privacy Policy describes how we use and share your personal information through the App, including during the past 12 months. The Policy describes:
  • The sources through which we collect California residents’ personal information and the types of personal information collected in the “Personal Information We May Collect” section above.
  • The purposes for which we use and share this information in the “How We Use Personal Information” section above and the “How We Share Personal Information” section above.
  • How users share information via the Site or Services in the “How You Share Information” section of the Privacy Policy.
  • You can request a copy of the personal information that we maintain about you.
  • You can ask to delete the personal information that we maintain about you.

The CCPA limits these rights. For example, companies may not provide users in response to access requests certain sensitive information and other consumers’ personal information, and may exclude information that would compromise the confidentiality of trade secrets. The CCPA also places limits on when companies must comply with a deletion request.

In accordance with the CCPA, the Company will not provide the following information in response to access requests for the reasons described:

  • Account data such as account passwords and identity verification codes, unmasked phone numbers, or email addresses, because of the sensitive nature of this information.
  • Other users’ and employees’ personal information, including the names and account information of individuals who may have invited you to the App, other users’ feedback, and employees’ comments because it is information that belongs to another natural person and disclosing it may impact their rights.
  • Internal proprietary attributes that enable us to provide various aspects of our App, including channel and room customization, suspension decisions, and content suggestions, because it is protected by federal and state trade secret law.
  • Server logs that are older than 30 days because we use these to ensure the security and integrity of our Site or Service.

You are entitled to exercise the rights described above free from discrimination.

Here is how you can submit requests:

  • To request access to or deletion of personal information collected, please email us at [email protected]
  • To verify your identity prior to responding to your requests, we may ask you to provide us with your phone number so we can send you a verification code, or with other details that we may need to verify your identity.
  • Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf. We will require authorized agents to confirm their identity and authority, in accordance with the CCPA.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Miscellaneous

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes. The inclusion of “include”, “including”, or “including but not limited to” in any one provision has no bearing on the interpretation of omission from any other provision. The provisions in this Agreement should not be construed as against the drafter. The provisions of this Agreement should not be limited or expanded in their interpretation based upon the section headings under which they are presented. Still, the inclusion of a specific term in one part of the terms, but its absence from another part of these terms, should not be interpreted as purposefully omitted from the latter. 

Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. The Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without the Company’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.

If you have any questions or comments regarding these Terms of Use, the Company’s Privacy Policy, or this Site, please feel free to contact the Company by email at [email protected]

These Terms of Use were last updated on August, 23, 2022.