TBG

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER:

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TBG ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING

YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS

YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW

THESE TERMS OF USE ALSO INCLUDE A LIMITATION OF TBG'S LIABILITY TO A MAXIMUM OF $100 (SEE "LIMITATION OF LIABILITY" SECTION BELOW). IT IS YOUR RIGHT TO CONSULT WITH AN ATTORNEY OR OTHER ADVISOR PRIOR TO ACCEPTING THESE TERMS OF USE AND PARTICIPATING IN ANY OF OUR CONTESTS. WE STRONGLY ENCOURAGE YOU TO DO SO BEFORE PROCEEDING.

Acceptance of These Terms of Use

Welcome to The Beautiful Game!

These Terms of Use (as amended from time to time, these "Terms" or "Terms of Use") form a binding agreement between you and The Beautiful Game Entertainment Inc. ("TBG", "we", "us", or "our"). TBG offers fantasy soccer/football contests ("Contests"), in which participants draft a lineup of athletes and select whether or not each of their chosen athletes will outperform a statistical projection during real-world soccer/football matches (each a "Narrative") in order to win a pre-determined cash prize. Contests are games of skill and are not games of chance.

These Terms of Use govern your access to and use of the (a) the website located at https://www.thebeautifulgame.live/ (the "Site"), (b) any applications and related technologies ("Apps") offered by TBG, and (c) all services, content, tools, features, updates, and functionalities offered on or through the Site or Apps, including Contests (collectively, the "Service"). These Terms include and expressly incorporate our Member Code of Conduct (the "Code of Conduct") available at www.thebeautifulgame.live/info/conduct.

By registering an account, participating in a Contest, accessing, browsing, or otherwise using the Site, Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not accept the terms and conditions of these Terms of Use, you will not access, browse, or otherwise use the Service.

Additional Terms

Your use of the Service is also subject to any additional terms, conditions, and policies that we may post on the Service or provide you with notice of, including without limitation, our Privacy Policy, Member Code of Conduct, and any Contest-specific rules (collectively, "Additional Terms"). All Additional Terms are incorporated by reference into these Terms of Use.

If there is any conflict between these Terms of Use and any Additional Terms, the Additional Terms will control with respect to the specific subject matter of such Additional Terms.

Contact Information

If you have any questions about these Terms of Use, please contact us at [email protected].

Access to the Service

Subject to your compliance with these Terms of Use, TBG grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use only.

You may not: (a) use the Service for any commercial purpose; (b) modify, adapt, alter, translate, or create derivative works of the Service; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Service; (d) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices on or in the Service; (e) use any automated means to access the Service for any purpose without TBG's prior written consent; or (f) use the Service in any manner that could damage, disable, overburden, or impair any TBG server, or the network(s) connected to any TBG server, or interfere with any other party's use and enjoyment of the Service.

Conditions of Use

As a condition of your use of the Service, you represent and warrant that:

  • You are at least 18 years of age and have the legal capacity to enter into these Terms of Use
  • You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country
  • You are not on any list of prohibited, restricted, or denied parties
  • You will comply with all applicable laws and regulations in your use of the Service
  • You will not use the Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Service
  • You will not attempt to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to the Service
  • You will not use any automated means to access the Service for any purpose without TBG's prior written consent
  • You will not impersonate any person or entity or misrepresent your affiliation with a person or entity
  • You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
  • You will not upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party
  • You will not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
  • You will not upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment

Contests

TBG offers fantasy /football contests in which participants draft a lineup of athletes and select whether or not each of their chosen athletes will outperform a statistical projection during real-world soccer/football matches in order to win a pre-determined cash prize. Contests are games of skill and are not games of chance.

To participate in Contests, you must:

  • Create and maintain an account with TBG
  • Be at least 18 years of age
  • Be located in a jurisdiction where participation is legal
  • Comply with all applicable laws and regulations
  • Comply with these Terms of Use and any Additional Terms

TBG reserves the right to modify, suspend, or terminate any Contest at any time, with or without notice, in its sole discretion.

User Accounts

To access certain features of the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

TBG reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of TBG and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TBG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL TBG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

TBG'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED $100.

Indemnification

You agree to defend, indemnify, and hold harmless TBG and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

General Provisions

These Terms of Use shall be interpreted and governed by the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms of Use or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and TBG regarding the use of the Service.