Matcherino.com Terms of Service
Last Revised: October 20, 2016
Terms of Service
Matcherino may issue additional terms, rules and conditions of participation for particular Events. You agree to be subject to them if you use the Service.
1. Overview and Modification
In these Terms, we refer to those raising funds as “Event Owners” and to their fundraising campaigns on the Site and the events, matches, and tournaments they fund collectively as “Events.” We refer to those contributing funds as “Donors” and to the funds they contribute as “Donations,.” and the prize pools that are comprised of Donations, as “Prize Pools”. Event Owners, Donors and other visitors to the Services are referred to collectively as “Users.” A Prize Pool recipient is an Eligible User autheniticated by the Event Owner as a quailifed recipient of all or a protion of the Prize Pool proceeds and is referrend to as a “Prize Pool Recipient”.
Matcherino is a Venue
Matcherino is, among other things, an online crowdfunding venue for people and entities seeking to raise funds for their own Events and to contribute to the Events of others. Event Owners can elect to offer gifts or rewards in the form of products or services (collectively, “Donor Rewards”) to Donors via the Matcherino Donor Reward Store (“Rewards Store”). Donors may (i) purchase Donor Awards from the Awards Store, wherein all or a portion of the proceeds are allocable to the Prize Pool, the manufacturer or other provider of the Donor Rewards (“Rewards Provider”), Event participant, Matcherino or other party to the Event, or (ii) be offered at no charge Donor Rewards for Donations that meet certain established thresholds at the election and cost of the Event Owner. All Donor Rewards are fulfilled by third party rewards providers and not Matcherino. With regard to the Rewards Store, Matcherino makes no representations or warranties as to the condition, quality, safety, merchantability or timely delivery, if at all, of Donor Rewards offered in the Rewards Store. Further, Matcherino makes no representations or warranties as to , quality, safety, morality or legality of any Event, Donation, or Prize Pool, the qualification of Prize Pool Recipients and the accurate payout of the Prize Pool or the truth or accuracy of User Content (as defined below) posted on the Services. Matcherino does not represent that Event Owners or Rewards Providers will deliver Donor Rewards or that Donations will be used as described in the Event. Users use the Services at their own risk.
Except for Section 15, providing for binding arbitration and waiver of class action rights, Matcherino reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Service as modified.
2. Eligibility and Prohibitions
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17, can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services. Users suspended from using the Services are not eligible to use the Services. Matcherino reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Event, Donation, or the Services at any time for any reason without liability.
Event Owners are not permitted to create an Event to raise funds for illegal activities, to cause harm to people or property, or to scam others. Users must comply with all applicable laws and regulations in connection with their Events, including offering Donor Rewards and using Donations. Event Owners shall not make any false or misleading statements in connection with their Events.
Prohibited Donor Rewards
Event Owners and Rewards Providers are not permitted to offer or provide any of the following as a Donor Reward:
- any form of “security” (as such term is defined in the Securities Act of 1933);
- any form of financial incentive or participation in any profit sharing;
- any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
- any controlled substance or drug paraphernalia;
- any weapons, ammunition, “firearms” (as such term is defined in 18 U.S. Code § 921), knives, “switchblades” (as such term is defined in 15 U.S. Code § 1241), and related accessories;
- any form of lottery or gambling;
- any form of air transportation; or
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
Matcherino is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
- use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
- spam the comments sections or other Users with offers of goods and services or inappropriate messages;
- engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
- take any action that imposes, in Matcherino’s sole discretion, an unreasonable load on Matcherino’s infrastructure.
- represent products created by others as your own creation, or act as a reseller of other’s products.
Matcherino reserves the right to remove Events and terminate User Accounts for such activities.
Prohibited Visual Elements in Event Images
Event Owners are not permitted to do any of the following with Event images:
- incorporate Matcherino colors and branding elements, including but not limited to logos, colored frames, borders or badges;
- include any visual element that could be interpreted to have been produced by Matcherino, including but not limited to banners, progress bars or funding stats;
- include any visual element that communicates endorsement by Matcherino.
Disputes between Event Owners, Rewards Providers, and Donors
Event Owners and respective Rewards Providers are legally bound to perform on any promise and/or commitment to Donors, including delivering any Donor Rewards. Event Owners are not responsible for promises made by Rewards Providers nor are Rewards Providers responsible for the promises of Event Owners. Matcherino does not recognize any third party and/or agency affiliated with the Event as an Event Owner. If an Event Owner or Rewards Provider is unable to perform on any promise and/or commitment to Donors, the Event Owner and Rewards Provider will work with the associated Donors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Donations. Matcherino is under no obligation to become involved in disputes between Event Owners, Rewards Providers, and Donors or Users and any third party. In addition, Matcherino is under no obligation to become involved in disputes regarding the determination of the rightful Event Owner, and will not be obligated to make any changes to Event Owner accounts or transfer of ownership. In the event of any dispute, such as an Event Owner’s or Rewards Provider’s alleged failure to comply with the Terms or alleged failure in fulfillment of a Donor Reward, we may provide the Event Owner’s contact information to the Donor so that the two parties may resolve their dispute.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify Matcherino immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information Matcherino may reasonably request and to answer truthfully and completely any questions Matcherino might ask you in order to verify such User’s identity.
License to Users
Matcherino grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
Event Owners and Rewards Providers are permitted to offer Donor Rewards to Donors. Event Owners and Rewards Providers are legally bound to perform on any promise and/or commitment to Donors, including delivering any Donor Rewards, to the extent the Event Owner or Rewards Provider has promised. Event Owners are not responsible for promises made by Rewards Providers and vice versa. Event Owners and Rewards Providers will respond promptly and truthfully to all questions posed to them by Matcherino or any Donor. If any Event Owner or Rewards Provider is unable to fulfill any of its commitments to Donors (including delivering any Donor Rewards), the Event Owner and the Rewards Provider will work with the Donors to reach a mutually satisfactory resolution, which may include refunding their Donations. Event Owners and Rewards Providers will comply with all applicable laws and regulations in the use of Donations and delivery of Donor Rewards. To the extent that our control permits and in our sole discretion, Matcherino may attempt to verify the identity and other information provided to us by Event Owners, and we may delay, withhold, reverse or refund any Donations or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Event Owner and Rewards Provider eligibility is subject to Matcherino’s review of the fulfillment status of prior crowdfunding obligations. Matcherino reserves the right to prohibit or remove an Event if the Event Owner is delayed by three months or more in fulfilling a prior crowdfunding project on Matcherino or another platform.
In addition to being Eligible Users, Event Owners, and their respective tournament organizers (to the extent they differ) and Prize Pool Recipients, hereby represent and warrant that:
- you are of 18 years of age or older;
- you are a citizen or resident in a jurisdiction in which you may participate in Matcherino;
- you are physically located in a jurisdiction in which participation in any contest you choose to participate in is not prohibited by applicable law;
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you will abide at all times by these Terms and any other agreements between you and Matcherino regarding your use of the Service or participation in services; and
- you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding;.
- must have authorization to use or participate in assets/games for the match or tournament;
- are willing and able to enter into separate contracts for specific tournaments. Where applicable, these contracts supersede the Terms.
Users will be able to visit the Site and view which events, matches, and tournaments are crowdsourcing prize money on the Service. If a User wishes to fund an Event and become a Donor, the User will select the Event and complete the funding process. User’s payment will be processed through the applicable online payment service, or third party payment service. The minimum Donation is $1.00. There is no maximum Donation.
Donors are solely responsible for asking questions and investigating Event Owners and Events to the extent they feel is necessary before making a Donation. All Donations are made voluntarily and at the sole discretion and risk of the Donor. Matcherino does not guarantee that Donations will be used as promised, that Event Owners or Rewards Providers will deliver Donor Rewards or prize pools, or that the Event will achieve its goals. Matcherino does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Event, Donor Reward or Donation, or the truth or accuracy of User Content posted on the Services. If a Donation is returned to a Donor, the associated Donor Rewards, if any, shall be canceled.
All competitors participating in an Event with a Prize Pool are prohibited from engaging in collusion, the act of working together to either a) fix the outcome of a match or b) split match earnings. If Matcherino staff determines, after an appropriate investigation into the circumstances, that there is a reasonable likelihood that collusion between tournament participants has occurred, the colluding participants will be banned from Matcherino and the contents of the Prize Pool will be returned to individual donors (so long as it has not already been disbursed).
4. Prizes and Refunds
All competitors participating in an Event with a Prize Pool can collect any prizes they have earned once: (i) they have registered as a User at Matcherino.com, and (ii) the Event Owner has designated him/her Prize Pool Recipient. It is the Event Owner’s sole responsibility to designate the Prize Pool Recipients in order to release the Prize Pool funds to the winners, which should occur no later than thirty (30) days after the end of the Event. If the disbursement has not occurred within thirty (30) days after the end of the Event, Matcherino will work in good faith with all parties to resolve the issue. If you have contacted the Event Owner and still require assistance, please email us at firstname.lastname@example.org.
Prize Pool proceeds (cash or other benefits) are awarded according to the rules and terms of each Event as determined by the Event Owner. The allocation of the Prize Pool amongst the Event participants is listed on each Event’s website. Prize Pool Recipients are listed on the Site; it is the Event Owner’s sole responsibility to ensure the winners are posted. Prize Pool Recipients winners must be eligible Users who have registered as a Matcherino User are not eligible to receive any Prize Pool proceeds until they have so registered and qualified as a Prize Pool Recipient. The Event Owner is required to, and solely responsible for, designating Prize Pool Recipients within thirty (30) days of the end of the Event.
In the event that the awarding of any prizes to Prize Pool Recipients is challenged by any legal authority, and to the extent that we may exercise any control over the prizes, we reserve the right in our sole discretion to determine whether or not to award such prizes. Matcherino may require that an entrant complete and execute an affidavit of eligibility in which, among other things, the Prize Pool Recipient is required to represent and warrant that they are eligible to participate in an Event, is otherwise in compliance with this Agreement and, potentially, is required to provide documentation or proof of eligibility and compliance. In the event, (i) the Prize Pool Recipients are not designated by the Event Owner within thirty (30) days of the end of the Event, or (ii) Matcherino determines that Prize Pool Recipient(s) winner is not eligible to participate in an Event, or is otherwise not in compliance with the Terms, then, to the extent practicable, Matcherino will work in good faith with the Event Owner to pay out any non-distributed, withheld or revoked prizes to the other Event entrants in the relevant contest in a manner consistent with the rules for the applicable Event. Matcherino may in our sole discretion elect to refund the all or a portion of the Prize Pool to the Donors.
Matcherino reserves the right, determined in our sole discretion, to charge a service fee at any point in the transaction of funds in the course of your use of the Service.
Donors may request a refund directly from Event Owners, Rewards Providers or Matcherino. Event Owners and Rewards Providers are responsible for the determination of refunds subject to Matcherino’s consent. Event Owners are not required to issue a refund unless the funded Event is canceled, in which case any Donation portion used for the Prize Pool (and not for a Donor Reward) will be refunded; or if the Event Owner or Rewards Provider is unable to fulfill a Donor Reward that you have paid and purchased from the Rewards Store, in which case the Donation portion used for the Donor Reward will be refunded. Any funds distributed to Prize Pool Recipients are not eligible for refunds. No refunds will be issued if Matcherino determines that there has been an abuse of these Terms. Matcherino reserves the right to terminate User Accounts and remove Events for any abuse of this refund policy. All Donations are made at the Donor’s own risk; Matcherino is not responsible in any way for any failure by an Event Owner to designate or recommend a refund, though Matcherino will in good faith work to resolve any dispute over a Donor refund with the Event Owner. If you have contacted the Event Owner and still require assistance in obtaining a designated refund, please email us at email@example.com.
Event Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a “Promotion“) on the Services with Matcherino’s prior written permission (which may be granted or withheld at Matcherino’s sole discretion). Event Owners may request permission from Matcherino by sending an email to firstname.lastname@example.org. Subject to and upon any such permission, each Event Owner offering any Promotion further acknowledges and agrees that: (a) such Event Owner shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Donation or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) Matcherino does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases Matcherino from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Event Owner and not to Matcherino.
As a condition to Matcherino enabling credit card payment processing services, you agree to provide Matcherino accurate and complete information about you and your business, and you authorize Matcherino to share any such information with the Payment Service, as well as transaction information related to your use of the Payment Service. In all cases, standard credit card or other third party processing fees apply in addition to any service fees. We are not responsible for the performance of any Payment Service Providers and the use of your account with such services.
Event Owners consent to Matcherino’s and its service providers’ and business partners’ use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of their Event and/or other Matcherino Events and Matcherino generally, unless otherwise prohibited by law. Matcherino and its business partners reserve the right to make public statements about the Event and Prize Pool Recipients and other Event participants, on-air, on the Internet, or otherwise, prior to, during, or following the Event. You agree that participation in and (where applicable) the winning of a Prize Pool or other Event Owner prize in connection with an Event constitutes complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain Events may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
Third-Party Websites, Advertisers or Services
Users may create a “Partner Page” on Matcherino’s website to link their brand with one or more Events. If Users create a Partner Page, Users also agree to the Partner Terms.
You are responsible for paying all income and related taxes as well as any other additional fees or taxes associated with your use of Matcherino.
- Event Owners and Rewards Providers are responsible for any taxes due in connection with Donor Rewards.
- Donors are solely responsible for determining how to treat their Donations and receipt of any Donor Rewards for tax purposes.
- Prize Pool Recipients are considered independent contractors with Matcherino and the Payment Service, PayPal, is responsible for providing Prize Pool Recipients with tax form 1099 for appropriate filing and payment of taxes on their Prize Pool proceeds. If the Event Owner or Prize Pool Recipient resides in an area that requires either the Event Owner or Prize Pool Recipient to pay additional taxes associated with the Prize Pool, it is the respective Prize Pool Recipient’s sole responsibility to pay any additional taxes owed, as the case may be.
7. User Content
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Matcherino, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Matcherino be liable in any way for any User Content.
You acknowledge that Matcherino may or may not pre-screen User Content, but that Matcherino and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Matcherino and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Matcherino’s sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant Matcherino an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. Matcherino reserves the right, but has no obligation, to monitor disputes between you and other users.
You agree to release and to indemnify, defend and hold harmless Matcherino and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, the Rewards Store, Rewards Providers, Payment Service, your violation of these Terms of Service, your receipt, ownership, use or misuse of any Prize Pool proceeds, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Matcherino reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Matcherino in the defense of such matter.
9. Warranty Disclaimers
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Matcherino has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Matcherino from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Matcherino makes no representations concerning any Content contained in or accessed through the Service, and Matcherino will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
10. Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MATCHERINO NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF MATCHERINO HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MATCHERINO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MATCHERINO FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
11. Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Service are owned by Matcherino or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Matcherino, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
The Service provides, or third parties may provide, links to other World Wide Web sites or resources. Because Matcherino has no control over such sites and resources, you acknowledge and agree that Matcherino is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Matcherino shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. Termination and Suspension
Matcherino may terminate or suspend all or part of the Service and your Matcherino account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Matcherino account, you may contact us at email@example.com with a note to say you wish to terminate your account. Any fees paid to Matcherino are non-refundable.
All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation: CONDITIONS OF PARTICIPATION (EXCEPT FOR REGISTRATION AND ACCOUNT PASSWORD AND SECURITY); GAME RULES (ONLY BONUSES AND PROMOTIONS); CONDUCT (ONLY USER CONTENT); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Matcherino regarding restoration of your account only via firstname.lastname@example.org.
14. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
15. Notice and Procedure for Making Claims of Copyright Infringement
Matcherino may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Matcherino’s Copyright Agent a written Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Matcherino’s Copyright Agent can be reached in the following ways:
Mail: Matcherino.com, 6121 Avenida Cresta, La Jolla, CA 92037.
Email: copyright [at] Matcherino [dot] com
You can leave a voicemail for our Copyright Agent at 234-567-9018, but you cannot use this number to submit a Notice or to otherwise inform us of alleged copyright infringement. To be valid, a Notice must be in writing and must follow the instructions above. Please also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
16. Binding Arbitration and Class action Waiver
PLEASE READ THIS SECTION CAREFULLY − IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution
Our Customer Support Department is available by phone (234-567-9018) or via the web to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Matcherino will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Matcherino will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND MATCHERINO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Matcherino, Inc., 6121 Avenida Cresta, La Jolla, CA 92037. The notice must be sent within 30 days of 08/17/2015 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Matcherino also will not be bound by them.
Changes to this Section
Matcherino will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and Matcherino agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in San Diego, CA. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Matcherino shall be governed by the laws of the State of California without regard to conflict of law provisions.
17. Application License
Subject to your compliance with these Terms, Matcherino grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a single device that you exclusively control and to run such copy of the app solely for your own personal use. Matcherino reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.
18. General Information
These Terms (and any additional terms, rules and conditions of participation in particular Contests that Matcherino may post on the Service) constitute the entire agreement between you and Matcherino with respect to the Service and supersedes any prior agreements, oral or written, between you and Matcherino. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular Contests, the latter will prevail over the Terms to the extent of the conflict.
Waiver and Severability of Terms
The failure of Matcherino to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations
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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above.