Last Revised: May 27, 2020
RESPONSIBLE GAMING: If you or someone you know has a gambling problem and wants help, call 1-800-GAMBLER. Please visit the Patron Protection and Responsible Gaming page at https://thescore.bet/help/rg for more information.
1. ACCEPTANCE OF TERMS
In the state of New Jersey, the Services are offered by SDSVI under agreements with Darby Development, LLC, and the New Jersey Thoroughbred Horsemen’s Association, pursuant to the oversight, regulatory requirements, and licensing of the New Jersey Division of Gaming Enforcement (“NJDGE”) and the New Jersey Racing Commission (“NJRC”). The use of the Services in New Jersey is subject to all applicable laws and regulations of the State of New Jersey.
If you have any questions regarding the Services, please contact the customer support team (“Customer Support”) at email@example.com or at (855) 916-0077.
2. GOVERNING DOCUMENTS
Betting Rules. In addition to these Terms, the Betting Rules at https://thescore.bet/help/house-rules (“Betting Rules”) governs your access to and use of the Services and placement of Wagers.
(c) End User License Agreement. In addition to these Terms, the End User License Agreement at https://thescore.bet/legal/eula (“EULA”) governs your access and use of the Apps.
(d) Other Terms and Rules. From time to time, SDSVI may post additional terms, rules, guidelines or policies related to promotions, special offers, bonuses, or any other parts of your access and use of the Services (“Special Rules”).
(collectively, along with these Terms, the “Governing Documents”)
PLEASE REVIEW THESE TERMS AND THE GOVERNING DOCUMENTS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE SERVICE OR ANY OF ITS COMPONENTS, YOU AGREE TO BE BOUND BY THE GOVERNING DOCUMENTS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE GOVERNING DOCUMENTS, DO NOT ACCESS OR USE THE SERVICE.
To the extent there is a conflict between the Betting Rules and these Terms, the Betting Rules shall govern to the extent of such conflict. To the extent there is a conflict between the Special Rules and these Terms, the Special Terms shall govern to the extent of such conflict.
To obtain a copy of these Terms or any Governing Documents, you may:
- Navigate to these Terms at https://thescore.bet/legal/terms or any of the Governing Documents at their respective URLs listed above on your computer and print a copy;
- Contact Customer Support at firstname.lastname@example.org and request a copy; or
- Write to SDSVI at the following address and request a copy.
Score Digital Sports Ventures Inc.
c/o 500 King Street West, 4th Floor
Toronto, Ontario, Canada
3. GRANT OF RIGHTS
(a) Subject to your compliance with the Governing Documents in all material respects, SDSVI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view and use the Service for your personal, non-commercial use only.
(b) To the extent that a Site provides online access to any software, application or other similar online components, then, subject to your compliance with the Terms in all material respects, SDSVI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in executable, machine-readable, object code form within the online platform provided by SDSVI for accessing such components and only for your personal, non-commercial purposes.
(c) Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by SDSVI.
(d) SDSVI further makes available certain content and/or services through its mobile applications and third-party platforms, which are hereby deemed to be included as “Apps” as defined above. Your access to and use of Apps and Services is subject to the Governing Documents.
(e) You acknowledge, agree, represent and warrant that (i) you are fully aware that there is a risk of losing money when placing a Wager by means of the Service; (ii) you are fully responsible for any such loss; (iii) it is your responsibility to ensure the details of Wagers are correct; and (iv) you are the only recipient of any winnings due to transactions on your Account and that no other person is entitled to any part of such winnings. You further agree that your use of the Services is at your sole option, discretion, and risk. In relation to any loss, you shall have no claims whatsoever against SDSVI, any of its affiliated companies or group of companies, licensors, service providers, or their respective directors, officers, members, management companies, employees, subcontractors, third party service providers, agents, representatives, or any affiliates of the foregoing.
4. RESPONSIBILITY FOR CONTENT AND RIGHTS TO CONTENT
(a) You acknowledge and agree that all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags and/or other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not SDSVI, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”), and other users of the Service, and not SDSVI, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”).
(b) You acknowledge and agree that SDSVI has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although SDSVI reserves the right in its sole discretion to pre-screen, filter, refuse or remove any Content. Without limiting the generality of the foregoing, SDSVI shall have the right to remove any Content that violates the Terms or that it deems objectionable.
(c) To the extent that you upload, post, email, transmit, or otherwise make available any Content through the Service, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the Terms with respect to Your Content; and (ii) Your Content does not violate any copyright, trademark, right of privacy, right of publicity or any other right of any third party.
(d) SDSVI does not claim ownership of Your Content. However, you grant SDSVI and its service providers a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform and publicly display Your Content in connection with the Service. You understand that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
(e) Except with respect to Your Content, as between you and SDSVI, you agree that SDSVI and/or its licensors own and retain all rights, title and interest in the Service and all materials within the Service. Except with respect to Your Content or as expressly permitted by the Terms, you may not: (i) use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform or publicly display any Content; (ii) frame or utilize any framing technique to enclose any Content; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Service; or (iv) access the Service for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by SDSVI. SDSVI reserves all rights not expressly granted to you.
(f) Certain Content is reproduced by SDSVI under license, as set forth within the Copyright Notices, available at https://thescore.bet/legal/copyright-notices.
(g) The names, logos and other trademarks of SDSVI are identified within the Trademark Notice, available at https://thescore.bet/legal/trademark-notices (“SDSVI Marks”). The absence of any name, logo, icon or other trademark from such list does not constitute a waiver of any intellectual property rights that SDSVI may have established in such name, logo, icon or trademark. You agree not to display or use in any manner any SDSVI Marks without SDSVI’s prior written consent. The exclusive rights to SDSVI Marks are hereby expressly reserved by SDSVI.
5. USER CONDUCT
In connection with your access to or use of the Service, you shall not:
(a) upload, post, email, transmit or otherwise make available any Content or material that:
(i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable;
(ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
(iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or
(v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
(b) impersonate any person or entity, including, but not limited to, SDSVI personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(d) act in a manner that negatively affects the ability of other users to access or use the Service;
(e) take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(g) attempt to gain unauthorized access to any parts of the Service, the servers or networks on which the Service are hosted, or any servers, computers, networks or databases used by or otherwise connected with the Service;
(h) use spiders, crawlers, robots, bots, artificial intelligence, or any other similar means to access or use the Service or substantially download, reproduce or archive any portion of the Service;
(i) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password;
(j) engage in any activity regarding methods of violating the Governing Documents, including cheating or collusion techniques; or
(k) violate any applicable local, state, provincial, federal, national or international law or regulation.
6. REGISTRATION AND OPENING AN ACCOUNT
(a) In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration forms; and (ii) maintain and promptly update your information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SDSVI reasonably suspects that you have done so, SDSVI may refuse to register, suspend or terminate your Account at its sole discretion.
(b) In order to register a player account for the Service (an “Account”), you hereby agree, represent and warrant that:
(i) You are at least the legal gambling age in the jurisdiction in which you reside, as listed in subsection (e) below. It is an offence for anyone under the legal gambling age to open an Account or to gamble within the Service. SDSVI reserves the right to request proof of age documentation from any applicant or customer at any time and to void any wagers with minors;
(ii) You agree to provide true and accurate registration information when opening your Account, including, without limitation, your correct date of birth, the last four digits of your social security number, your current address, email address, personal telephone number, and such other information as SDSVI may request. You further agree to inform SDSVI of any changes in such details;
(iii) You register and use only one (1) account using your own legal name;
(iv) You acknowledge that you are opening your account with the Service solely for your personal use, and you are not acting on behalf of any third party;
(v) You will not attempt to sell or otherwise transfer the benefit of your Account to any third party and nor will you acquire or attempt to acquire an Account which has been opened in the name of a third party;
(vi) You are entirely responsible for complying (and that you comply) with your own local, national, federal, state or other laws concerning betting and gaming prior to opening an Account, placing any bets, stakes or wagers (collectively “Wagers”) or using the Service or any parts thereof. In particular, if you are physically located outside of a Permitted Jurisdiction (as defined below) while you are accessing the Service, you must not place or attempt to place a Wager on the Service;
(vii) You are legally capable of entering into binding contracts, including the Governing Documents and each subsequent Wager (which shall be governed by the Governing Documents);
(viii) You are not prohibited for any reason from using the Service;
(ix) You are not currently subject to a self-exclusion from the Service and no operator (including SDSVI) has excluded you, from gambling; and
(x) You are not an Excluded Person or a Prohibited Participant.
(c) You are fully responsible for all activities that occur under your Account. You shall not allow another person to access and use the Services using your Account. You are responsible for keeping your username, password and all log-in details confidential and you may not share your Account or password with anyone. You shall not attempt to access or use the Service by means of another person’s Account. You agree to immediately notify SDSVI of any actual or suspected unauthorized use of your Account or password or any other similar breach of security. SDSVI will not be liable for any loss you incur due to any unauthorized use of your Account.
(d) Excluded Persons. The following individuals are not permitted to establish an Account or use
the Service (each an “Excluded Person”):
(e) Underage Gambling. It is a criminal offence to allow a person who is under a certain age to participate in Internet or mobile gambling. SDSVI takes its age-verification responsibility very seriously. SDSVI carries out age-verification checks on all customers at the time of Account creation. SDSVI will ask for information to verify your age and identity (including requesting a copy of a government issued identification) and can restrict or suspend your Account until your age and identity are confirmed. By signing up for an Account, you consent to SDSVI’s confirmation of your age and identity. Please note that anyone under the permitted age for participating in Internet or mobile gambling found to be using the Services may be reported to law enforcement and be subject to other legal penalties.
|New Jersey||Twenty-one (21) years of age|
(f) Prohibited Participants. Any individual whose use of the Service may undermine the integrity of the wagering or the sporting event, or for other good reasons, including but not limited to (each a “Prohibited Participant”):
(i) any individuals placing a wager as an agent or proxy for another person;
(ii) any person who is an athlete, coach, referee, a player or a referee personnel member, in or on any sports event overseen by that person’s sport governing body;
(iii) a person who holds a position of authority or influence sufficient to exert influence over the participants in a sporting contest, including without limitation coaches, managers, handlers, athletic trainers, or horse trainers;
(iv) a person with access to certain types of exclusive information on any sporting event overseen by that person’s sport governing body; or
(v) For the State of New Jersey: a person identified by any lists provided by the sport governing body to the NJDGE and the NJRC, shall not be permitted to wager on any event governed by the league or sport governing body with which they are affiliated. Any employee of a sport governing body, or one of its member teams, who is not prohibited from wagering as described herein shall register with the NJDGE prior to placing a wager.
- New Jersey: It is a federal offence for persons physically located outside of the State of New Jersey to engage in Internet wagering through a New Jersey casino or racetrack, except as explicitly authorized by the NJDGE.
(h) Violation of this Section. In the event that you are found to have breached any of the terms in this Section:
(i) SDSVI may suspend or terminate your Account;
(ii) SDSVI may cancel any Wager you may have placed;
(iii) SDSVI shall not be obligated to pay any winnings which might otherwise have been payable in respect of any Wager you placed; and
(iv) SDSVI may refer the matter to the police, guardians or family members, or any other appropriate regulatory authority.
7. SUSPICIOUS BETTING
(a) “Suspicious Betting” shall mean situations where SDSVI have reasonable grounds to believe that a Wager or a series of Wagers have been placed in suspicious circumstances. Suspicious Betting includes, but not limited to:
(i) Where there is an excessive frequency and/or highly unusual pattern of Wagers (by comparison with betting norms) placed on the same selection(s) in a short space of time;
(ii) Where there is an excessive frequency and/or highly unusual pattern of Wagers placed on the same selection(s) and where the theoretical probability of said selection(s) winning at the time of Wager(s) placement, based on the odds covered on the selection(s) at the time of Wager placement, is largely inconsistent with the theoretical probability of the same selection(s) winning calculated using their starting prices;
(iii) Where the integrity of an event (or events) has been called into question, including, for example, but not limited to where one (or more) of the participants in an event displays exceptional form which SDSVI reasonably believes was known to you or someone connected to you at the time of Wager’s placement but was concealed from the public generally in order to gain an unfair advantage in any Wagers placed on that event (or those events);
(iv) Where SDSVI have reasonable grounds to suspect that a Wager or a string of connected Wagers were placed robotically, by automated means, or other than by Account owner placing each Wager manually via his/her Account;
(v) Where SDSVI reasonably believes that you have used unfair external factors or influences connected with the event(s) which are the subject of any Wager(s);
(vi) Where SDSVI reasonably suspects that you have opened duplicate Accounts or where it reasonably suspect that second or subsequent Accounts are under common control with your Account with a view to concealing the true worth, nature or pattern of Wagers placed by you or on your behalf, even if second or subsequent Accounts are opened under different names;
(vii) Where SDSVI otherwise believes, acting reasonably, that you are acting in concert with others or that you are acting other than on your own behalf;
(viii) Where SDSVI reasonably believes that Wagers have been placed from a location or device other than the location or device which you claim to have used to place a Wager; or
(ix) Unusual betting activity that cannot be explained and is indicative of match fixing, the manipulation of an event, misuse of inside information, or other prohibited activity.
(b) In the case of any Suspicious Betting, and without restricting other remedies available to SDSVI under applicable law, SDSVI may, acting reasonably, and depending on the circumstances:
(i) Request such further information from you as may be reasonably required by SDSVI to investigate whether the Wager or Wagers constitute Suspicious Betting;
(ii) Suspend or withhold payment of any amounts (or any parts thereof) pending the receipt by SDSVI of satisfactory evidence from you in order for it to determine (acting reasonably) that a placed Wager does not constitute Suspicious Betting. You further acknowledge and accept that SDSVI reserves the right, at its sole discretion, to collect and process any information in connection with your betting patterns, personal data, depositing of funds and any other related information and inquiries that will help it to investigate any suspected breach of these Terms;
(iii) Suspend or withhold payment of any amounts (or any parts thereof), usually for no longer than thirty (30) days but where relevant for such longer period of time as may reasonably be required (for example, pending any investigations by SDSVI, any sport governing body, a gambling regulator, a law enforcement authority or any other third party);
(iv) Void a Wager or a string of connected Wagers (including for example multiples) prior to the event. Where possible, SDSVI shall communicate to you in advance that the Wager(s) has (or have) been voided prior to the (first) event of the subject of the Wager(s);
(v) Calculate any winnings based on the starting price of the event(s) of the subject of the Wager(s). Where possible, SDSVI shall communicate to you in advance that any Wager(s) will be settled at the starting price; or
(vi) Where there is an excessive frequency and/or unusual pattern of Wagers placed on the same selection(s) in a short space of time and where SDSVI has reasonable grounds to suspect that the Wagers are connected Wagers, limit the payment of winnings in respect of those Wagers (and where necessary with such limitation applied across multiple accounts) to the maximum payout for individual Wagers on any particular market or markets as set out in the Betting Rules.
(c) Where SDSVI has reasonable grounds to believe that you have participated in, or have been connected with, any type of Suspicious Betting, it shall use reasonable efforts to investigate such matter, including, but not limited to, through the use of various collusion, suspicious betting, fraud and cheating detection practices which are used in the gambling industry.
(d) Where a Wager is deemed to be, or is declared, void by SDSVI prior to an event, any sum deducted from your Account with respect to that Wager shall be credited back to your Account.
(e) SDSVI reserves the right to terminate an Account if it reasonably suspects any Suspicious Betting in connection with that Account.
(f) SDSVI reserves the right to seek to recover from you any losses it suffers that are directly or indirectly connected to any of the activities deemed to be Suspicious Betting. This right is without prejudice to any other rights that SDSVI may have whether under these Terms or otherwise under applicable law.
(g) SDSVI will not be liable under any circumstances whatsoever for any loss you or any other person may incur as a result of the collusive or other behavior in breach of this Section 7. Further, SDSVI reserves the right, but shall not be obliged, to take any other actions in the case of any of the activities contemplated in Section 7.
(h) In exercising any of its rights under this Section 7, SDSVI shall ensure that it exercises such rights in a manner which is fair to you and to its customers generally. If you have any comments or questions in respect of this Section 7, please contact Customer Support.
8. ACCOUNT SUSPENSION OR TERMINATION
(a) Without restricting SDSVI’s ability to rely on other remedies that may be available to it, SDSVI may suspend or terminate your Account and/or cancel any Wagers placed by you, at its sole discretion, if you are suspected of any of the following:
(i) Engaging in illegal or fraudulent activity while using the Service;
(ii) Breaching any term of these Terms, the Betting Rules or any of the Governing Documents;
(iii) Taking unfair advantage over SDSVI or any other player or are otherwise acting in an unfair manner (for example, by exploiting a fault, loophole or error in the App or Service, by collusion or by any other means); or
(iv) Unable to meet your payment obligations, have become bankrupt or that you may have
(b) SDSVI may suspend or terminate your Account and/or cancel any Wagers placed by you if SDSVI is required to do so by law.
(c) Irrespective of whether SDSVI suspends or terminates an Account and notwithstanding any other provisions in these Terms, SDSVI may decide to cancel or void any wager at its sole discretion where:
(i) there is a technological failure; or
(ii) where in its reasonable judgment, there is a palpable error in the terms of a wager offered to, or placed by, any party.
(d) If you have a question relating to your Account, it is your responsibility to notify Customer Support promptly, providing as much information as may be required by the Customer Support agent.
(e) Following termination or suspension of your Account, SDSVI may, in the normal course of business, return any funds in your Account. Please contact Customer Support to request any funds held in suspended or closed Accounts. However, SDSVI reserves the right to withhold the funds in your Account from you pending the determination of any investigation (including any relevant external investigation) where:
(i) SDSVI suspects you have acted in breach of these Terms or any other agreement relevant to your activities within the Service, including where SDSVI suspects the Account has been linked with fraudulent activity and/or Suspicious Betting; and/or
(ii) SDSVI has to withhold the funds in your Account by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.
(f) If an internal or external investigation reasonably demonstrates that you have acted in breach of these Terms, the Governing Documents, any other agreement relevant to your activities on the Services, or that your Account has been linked with fraudulent activity and/or Suspicious Betting, SDSVI reserves the right to seize some or all of the funds in your Account. The disposition of any funds obtained by SDSVI in this manner will be at its sole discretion and/or in accordance with any advice, request, or instruction from any governmental, regulatory or law enforcement authority. In addition, if formally requested by law enforcement, gaming regulators, or taxation or other authorities, or in the event that you fail to provide SDSVI with sufficient information to identify yourself in accordance with SDSVI’s internal procedures or those procedures imposed on it by the NJDGE and/or other authorities, SDSVI may suspend your Account and all functionality relating to the use of your Account (e.g. wager management and withdrawal of funds) and withhold from you any funds in your Account pending the final determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide the necessary ‘know your client’ or ‘age verification’ information as appropriate.
(g) For the avoidance of doubt, at no point during any such suspension or termination period will interest accrue to you on any funds in your Account.
9. DEPOSIT AND WITHDRAWALS
(a) Deposits. To wager on sporting events on the Service, you need to deposit funds in your Account. All funds in Accounts are held in a separate account held in the name of SDSVI, the applicable licensed sports pool operator or other party authorized by the relevant regulatory authority(ies):
- For New Jersey, the relevant regulatory authorities are the NJDGE and/or NJRC.
Funds deposited via a payment processor may take a few days to clear before they are held in this account, during which time they will be held in the account of the relevant payment processor. The funds in your Account are held on your behalf by way of security to meet any payment obligations you may incur as a result of placing Wagers on the Services or using any of the other products or services supplied by SDSVI. Please note that interest is not payable on the funds held in your Account. You undertake that:
(i) All money that you deposit in your Account originates from a payment source of which you are the legal owner;
(ii) All money that you deposit in your Account is free from and unconnected to any illegality and, in particular, does not originate from any illegal activity or source; and
(iii) All payments made into your Account are authorized and you will not attempt to reverse a payment made into your Account or take any action which will cause such a payment to be reversed by a third party in order to avoid any legitimate liability.
You accept that all transactions on your Account may be subject to anti-money laundering and source of funds due diligence, and that any transactions made on your Account which SDSVI deems suspicious may be reported to the appropriate authorities.
(b) Deposits to your Account can be made using the following methods:
(i) ACH (electronic checking or direct deposit): You can electronically transfer funds between your bank account and your Account.
(ii) DEBIT AND CREDIT CARDS: Debit and Credit cards with a MasterCard or VISA logo can be used to make deposits. Please note that not all issuing banks will process debit and/or credit transactions related to online gaming.
(iii) THESCORE BET PLAY+ CARD: You can electronically transfer funds to your ‘theScore Bet Play+ Card’ and then deposit those funds to your Account.
(iv) WIRE TRANSFER: A direct payment from your bank account into your Account on the Service.
(c) Credit Card Chargeback Fees. Each credit card chargeback transaction that you initiate will be assessed a $50.00 fee, applicable against any available cash balance in your Account at the time such fee is assessed. Any credit card chargeback that you initiate requiring pre-arbitration proceedings will further be assessed a $500.00 fee, applicable against any available cash balance in your Account at the time such fee is assessed.
(d) Withdrawals. SDSVI performs a number of controls and checks before any withdrawal request is processed. These checks are part of SDSVI’s ongoing commitment to maintaining the security of customers’ Account and funds. SDSVI may request a copy of a valid government issued identification from you to confirm your identity when you request a withdrawal. SDSVI may also request evidence of your ownership of and control over the account to which you are directing funds to be deposited. Withdrawals from your Account can be requested via the App for ACH or theScore Bet Play+ Card withdrawal, by contacting Customer Support for wire transfer withdrawal, or by contacting Customer Support to facilitate an in person withdrawal at theScore Bet kiosk at Monmouth Park Racetrack located at 175 Oceanport Avenue, Oceanport, NJ, 07757. Once you request a withdrawal, the Customer Support team will process the request and may contact you for further information to process the withdrawal request. SDSVI endeavors to process withdrawals within one (1) business day, however this timeline may be impacted by SDSVI’s internal control procedures and the time it takes to receive any requested documentation. The availability of withdrawn funds may be subject to standard banking restrictions.
(e) Third Party Payment Processors. SDSVI may use one or more third party payment processors to process deposit and withdrawal requests. You acknowledge and understand that SDSVI’s payment processors may impose limits on the number of bank accounts you may associate with your Account, impose limits on the number of credit or debit cards you may use on the Service, perform ‘know-your-customer’ procedures to verify your identity, and perform anti-money laundering, anti-fraud, and source of funds verification when you deposit and withdraw funds to and from your Account.
10. PLACING WAGERS
(a) Customers can only wager up to the amount held within their Account or the limit as set out in the Betting Rules, whichever is the lesser. The minimum and maximum wager per selection is determined exclusively by SDSVI and is stated in the App.
(b) SDSVI reserves the right to accept or decline the whole or part of any proposed wager.
(c) Wagers placed by you prior to the receipt by SDSVI of cleared funds from a payment processor may be voided at SDSVI’s sole discretion.
(d) Each Wager will be given an individual number as confirmation of the wager. Wagers will be valid (subject to meeting the criteria for placing a wager laid down in the Terms) if accepted by the App and a wager confirmation code is provided by SDSVI. SDSVI is not liable for the settlement of any wagers where it has not issued a confirmation of acceptance of the wager or where it is unable to display that wager in the ‘My Bets’ pages of the Service. It is the customer’s responsibility to ensure that all of the details of each wager are correct. Once a wager has been confirmed by SDSVI, that wager cannot be cancelled by the customer. If you have any concern as to whether your wager has been accepted, please log in and go to the ‘My Bets’ pages of the Service where details of all live wagers entered into by you will be displayed.
(e) YOU MUST EXERCISE YOUR OWN JUDGEMENT IN PLACING A WAGER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY AND ALL SPORTS DATA, ANALYSIS, NEWS, EDITORIAL CONTENT, REPORTS, RECOMMENDATIONS, SUGGESTIONS, AND OTHER INFORMATION PRESENTED ON THE APP, THE SERVICES, OR OTHERWISE MADE AVAILABLE BY, SDSVI, AND/OR ANY OF ITS AFFILIATES, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES AND/OR PERSONNEL ARE PROVIDED ‘AS IS’ WITHOUT ANY REPRESENTATIONS OR WARRANTIES ON THEIR ACCURACY, CORRECTNESS, TIMELINESS, OR USEFULNESS. FURTHER, IN THE CASE OF LIVE BETTING EVENTS, YOU MAY NOT BE ABLE TO SEE OR OTHERWISE BE PROVIDED WITH THE MOST UP-TO-DATE INFORMATION IN THE SERVICE IN RELATION TO THE RELEVANT EVENT, INCLUDING FOR EXAMPLE (BUT WITHOUT LIMITATION), THROUGH DELAYED COVERAGE, A SLOW CONNECTION OR EQUIPMENT, DELAYED SCORING OR OTHER DATA UPDATES, OR OTHER SYSTEM FLAWS, FAULTS, ERRORS OR SERVICE INTERRUPTION. SDSVI SHALL NOT BE LIABLE FOR ANY DELAY IN RELAYING UP-TO-DATE INFORMATION AND/OR DATA FOR ANY EVENT.
(f) You agree to pay SDSVI for all Wagers that are placed with it using your Account.
(g) Wagers must be made via the Apps.
(h) Please familiarize yourself with betting and gaming terminology and how the various wagers and games are operated. If you have any questions relating to the foregoing, please contact Customer Support. SDSVI cannot accept any responsibility if you place a wager in circumstances where you do not fully understand any of the terms involved or how the wager or game is operated.
(i) On occasion the prices available across the various Services may not be the same: for example, a price on an App may not be the same as those prices available on other Services. SDSVI accepts no liability for the fact that a customer could have obtained a different price through some other medium.
(j) Guaranteed prices and other special offers or promotions are available at the discretion of SDSVI and can be restricted on an individual Account basis at any time.
(k) SDSVI is not responsible for any taxes that may be payable by you whether on any wagers, on any winnings or otherwise. You are solely responsible for all taxes and tax reporting to any relevant governmental, taxation, or other authority on any winnings or prices paid to you by SDSVI or any other related or affiliated entity, subject to applicable local, state, and/or federal tax laws and regulations.
(l) With the exception of Live Betting events, Wagers are accepted up to the off-time of the event or a pre-determined time, whichever is earlier. SDSVI reserves the right to void any Wager if accepted in error after the betting has closed or where the event was resolved or at a stage where the customer could have an indication of the outcome. In such circumstances, SDSVI will normally return your stake.
(m) SDSVI reserves the right to impose a bet delay on any Live Betting event.
(n) SDSVI reserves the right to void any or all Wagers made by, any group of people acting in conjunction with each other, or any individual acting alone, in an attempt to defraud SDSVI.
(o) SDSVI may, at its sole discretion and without any requirement to give reasons, exclude any customer from the Service, in whole or in part, generally or from receiving selected promotions (e.g., guaranteed best price; bonuses; free bets; enhanced prices; and money-back specials) and any other promotions and offers introduced by it from time to time.
(p) In the event of there being a dispute over the time at which a wager was placed or whether a wager has been placed, then the time at which it was recorded (if recorded) on the transactional log will govern settlement. If an attempted wager was not recorded on the transactional log, no wager shall be deemed to have been placed. You should check your Account balance each time you visit the Services. If you have any concerns or complains, please contact email@example.com. If you feel you have exhausted all reasonable means to resolve your complaint, you may contact the relevant regulatory authority.
- For New Jersey, you can fill out the New Jersey Division of Gaming Internet Dispute Form (at https://www.nj.gov/oag/ge/inquiriespatroncomplaints.html)
(q) By offering to place a wager with SDSVI, and as a condition of SDSVI accepting your wager, you represent and warrant, that:
(i) You are not prohibited from entering into the Wager by any term of your contract of employment, these Terms or any rule of a sport governing body or other professional body of which you are a member, which applies to you;
(ii) Where the Wager is placed on the outcome of a race, competition or other event or process or on the likelihood of anything occurring or not occurring (“the event”), you do not know the outcome of the event;
(iii) You are not misusing Inside Information to place a wager; and
(iv) You are not a prohibited sport pool participant as defined in the applicable laws and regulations in the jurisdiction you reside.
- For New Jersey, a ‘prohibited sport pool participant’ is defined under N.J.A.C.
(r) In the event of any representation made by you in these Terms are proven to be false, SDSVI reserves the right to void Wagers, suspend your Account, and shall not be obliged to pay any winnings which might otherwise have been payable in respect of the Wager.
(s) In the event of a warning being received by SDSVI in relation to suspicious or irregular betting patterns and possible instances of event manipulation, SDSVI reserves the right, in its sole discretion, to:
(i) suspend its offering on any event or series of events in any of its markets; and
(ii) delay and/or withhold payment on any event or series of events until the integrity of such event or series of events has been confirmed:
a. by the relevant sports federation or governing body (where applicable); or
b. by SDSVI using its reasonable discretion.
(t) Further, in the case of active event manipulation being confirmed as having taken place on any event or series of events (by the appropriate sports governing bodies or by any other means), SDSVI reserves the right, in its sole discretion, to suspend any wagers placed on such events, either by any individual identified as having misused Inside Information or by any other individual who in the reasonable opinion of SDSVI is connected to, acting in conjunction with, or in any way involved with such individual or the event manipulation.
(u) SDSVI reserves the right to refuse or limit any wagers or bonuses (for example by setting minimum and maximum amounts which will be set out in the Betting Rules, or by setting wagering requirements), or change such limits, at its sole discretion for any reason whatsoever without notice to you.
(v) Any Prohibited Wagers (defined below) placed will be voided by SDSVI. Please refer to the Betting Rules at https://thescore.bet/help/house-rules for more details.
(w) “Inside Information” means any information which has not been made public and, if it were made public, would be likely to have a material effect on the relevant market relating to the event.
(x) “Live Betting” means wagering that takes place while an event is in progress.
(y) “Prohibited Wagers” means wagers that are prohibited or otherwise limited by a Permitted Jurisdiction, as further defined in the Betting Rules.
11. WINNINGS AND PAYMENT
(a) All cleared winnings will be credited to the customer’s Account.
(b) Results will be as published and confirmed by the relevant governing body or as otherwise generally accepted.
(c) The maximum payout to any one (1) customer in any twenty-four (24) hour period regardless of size of stake or number of Wagers are as set out in the Betting Rules or as specified on the Wager Receipt, whichever is the lesser sum. Currency equivalent maximum payouts will apply for any currency not listed in the Betting Rules.
(d) It is strictly the duty of the customer to stay within the limits set out in the Betting Rules and SDSVI will not under any circumstances pay any amounts in excess of those limits to a customer for any purported winnings exceeding these limits.
(e) Any questions relating to a Wager must be raised no later than six (6) months after the last event in the Wager has been settled.
(f) SDSVI may use your username and/or first name and/or initials and state and any winnings you may have had for advertising or promotional purposes without additional compensation.
(g) SDSVI reports winnings to the Internal Revenue Service (IRS) and the applicable state taxation authority for any Wager which results in proceeds of $600.00 or more where the winnings are at least 300 times the amount of the Wager.
(h) SDSVI also withholds taxes on any Wager which results in proceeds of $5,000.00 or more where the winnings are at least 300 times the amount of the Wager. SDSVI withholds 24% of the proceeds and remit such amount to the Internal Revenue Service (IRS) and 3% of the proceeds and remit such amount to the applicable state taxation authority.
(i) If you are subject to IRS reporting requirements, SDSVI will send you Form W2-G summarizing the information for tax purposes by February 28th of the year following the end of the tax year of winning.
(a) SDSVI makes reasonable efforts to ensure that no errors are made in prices offered or bets accepted. However, human and/or system error may occasionally result in errors. SDSVI reserves the right to correct any errors and to void any bets placed where such errors have occurred.
(b) In the case of any palpable errors in prices transmitted (including for example where the price being displayed is materially different from those available in the general market and/or the price is clearly incorrect, depending on all of the circumstances), Wagers will be settled at the correct price at the time of acceptance. If a Wager is accepted by SDSVI on an event where offering a price on the event itself (rather than the price) was in error, the Wager will be void and your stake will be returned.
(c) Should funds be credited to an Account in error, it is the Account owner’s responsibility to notify SDSVI of the error without delay. Any winnings subsequent to the error and prior to the notification to SDSVI, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by, SDSVI.
(d) Any monies which are credited to your Account or paid to you as a result of an error shall be deemed, pending resolution of such error, to be held by you in trust for SDSVI and shall be immediately repaid to SDSVI when a demand for payment is made to you. Where such circumstances exist, if you have funds in your Account, SDSVI may reclaim these funds from your Account. SDSVI will use reasonable efforts to detect any errors and inform you of any such errors relating to you, your use of the Services, or your Account, as soon as reasonably practicable.
(e) As soon as you suspect or become aware of an error in funds credited to your Account, you shall:
(i) immediately cease play; and
(ii) inform Customer Support as soon as reasonably practicable of any such error or suspected error.
(f) Where you have used funds which have been credited to your Account or awarded to you as a result of an error to place subsequent Wagers, SDSVI may cancel such Wagers and/or withhold any winnings which you may have won with such monies, and if SDSVI has paid out on any such Wagers, such amounts shall be deemed to be held by you on trust for SDSVI and shall be immediately repaid to SDSVI when a demand for payment is made to you.
(g) If you are incorrectly awarded any winnings as a result of (a) any human error; (b) any bug, defect or error in the Services, or parts thereof; or (c) the failure of the relevant parts of the Services to operate in accordance with the Betting Rules, then SDSVI will not be liable to pay you any such winnings and you agree to refund any such winnings that may have been paid to you as a result of such error or mistake.
(h) By using the Services, you understand that SDSVI reserves the right to change or remove any parts of the Services at any time.
(i) In no event shall SDSVI be liable for any errors or the failure to correct any errors or voiding any bets placed where errors occurred.
13. CHARGEBACKS AND CANCELLATION
(a) Chargebacks. You agree, warrant and represent that no chargebacks or other cancellation of deposits will be made relating to your Account without SDSVI’s consent. In the event of any of the foregoing occurring, you agree to indemnify SDSVI and hold it harmless against any costs, claims, damages and expenses arising in connection therewith and to refund and compensate it for any losses it would otherwise incur arising from such actions including any expenses incurred by SDSVI in the process of recovering such amounts.
(b) Cancellation: SDSVI may restrict your access to the Services, suspend or terminate your Account, withdraw your offers for Wagers, void any Wagers outstanding to your Account, or cancel and void any outstanding or matched Wagers in its sole discretion without cause at any time including if:
(i) there is a technical failure;
(ii) it suspects that you are engaging in illegal or fraudulent activity;
(iii) it suspects that you have (or may have) breached any part of these Terms;
(iv) it suspects you are acting in a manner that is detrimental to the conduct of SDSVI’s business or which may result in legal liability for you, SDSVI or third parties;
(v) it suspects that your Account’s usage could represent ‘business usage’, which includes any use by a betting operator or any use by an individual or organization supplying data or services to a betting operator;
(vi) your Wager would result in a negative balance on your Account;
(vii) it has the right to do so as set out in the Governing Documents;
(viii) it is prohibited from entering into a Wager by any term of your contract of employment or any rule of a sport governing body or other professional body which applies to you, or by applicable law; or
(ix) you place a Wager on any sporting match or event in which you take part.
In relation to any cancelled or void Wagers, SDSVI reserve the right to hold any money in your Account relating to such Wagers to be paid to it or, if there are insufficient funds in your Account, demand that you pay it the relevant outstanding amount relating to these Wagers.
14. RIGHT OF SET-OFF
(a) SDSVI may at any time set off any amount on deposit in your Account against any amounts owed by you to SDSVI.
(a) SDSVI reserves the right to seek criminal or other sanctions against you if SDSVI reasonably suspects you have engaged in fraudulent, dishonest or criminal acts and SDSVI will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.
(b) SDSVI reserves the right to suspend or terminate any Account it believes to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities.
(c) You represent that all money that you deposit in your Account is untainted with any illegality and, in particular, does not originate from any illegal activity or source.
16. DORMANT AND NON-DEPOSITING ACCOUNTS, CHARGES AND STATEMENTS OF ACCOUNT ACTIVITY
(a) Dormant and Non-Depositing Accounts.
(i) Accounts are deemed “dormant” if the user has not logged in within a twelve (12) month period. Dormant Accounts will be opted out of all bonuses in accordance with the applicable Special Rules. In accordance with applicable laws and regulations, unclaimed balances in dormant Accounts may be forfeited.
(ii) All bonuses and winnings earned from wagering with bonuses will be forfeited from any Account to which a deposit has not been made within thirty (30) days of registration.
(i) SDSVI will not charge you for the deposit and withdrawal of funds to or from your Account in the normal course of events. However, some charges may apply in some cases to reflect the cost incurred by SDSVI or its payment processors as a result of processing excessive transactions. Please note that if you become eligible to incur additional deposit and withdrawal charges, SDSVI will contact you before any charges are incurred.
(c) Statements of Account Activity.
(i) You can visit the ‘Transaction’ page within the App or Site to review all monetary transactions on your Account for the immediately preceding six (6) months. You may request and receive a statement of activity related to the last six (6) months of activity on your Account at any time by contacting Customer Support or visiting the ‘Transaction’ page of the Services. If you require a statement of activity relating to your activity over the past twelve (12) months, please contact Customer Support with your request.
17. CLOSURE OF ACCOUNTS
(a) Please contact Customer Support if you wish to close your Account.
(b) After your Account has been closed, it will remain closed unless and until you ask for it to be re-opened. However, SDSVI may refuse to re-open your Account in certain circumstances (including where a permanent exclusion or self-exclusion has been applied to your Account pursuant to SDSVI’s Patron Protection and Responsible Gaming procedures).
(c) Account holders who wish to recover funds held in a closed, locked or excluded Account should contact Customer Support.
(d) SDSVI may close your Account at its discretion, without having to provide any reasons, and where necessary on written notice to you using the contact details associated with your Account. Any balance held in your Account will be made available to you, provided that you have complied with these Terms.
(e) Your sole and exclusive remedy in the event of termination of your Account is the reimbursement of any undisputed Account balance you may then have.
(f) SDSVI may be required by law to conduct certain checks on customers or those applying to open a new Account. Where it is required by law or otherwise determine to close an Account for a breach of these Terms, your attention is brought to the following terms:
a. All previous Wagers will be voidable at the option of SDSVI and any winnings which you have accrued will be forfeited by you and you will return to SDSVI on demand any such funds which have been withdrawn from your Account; and
b. Subject to Section 15(a), any stakes for Wagers made but for which the event is not yet completed will be returned to you other than in the event of any outstanding chargebacks or any other amounts owed to SDSVI at that time.
18. RESPONSIBLE GAMING
Enjoy legal online gaming and sports betting responsibly and sensibly. SDSVI offers a range of options that can be used to manage your gaming activity at any time. Please visit the Patron Protection and Responsible Gaming page (https://thescore.bet/help/rg) for more details.
If you or someone you know has a gambling problem and wants help, the following confidential recourses are available 24/7:
- New Jersey Council on Compulsive Gaming: www.800gambler.org, 1-800-GAMBLER
- National Council on Problem Gambling: www.ncpgambling.org, 1-800-522-4700
20. SETTING LIMITS AND SELF-EXCLUSION
(a) Setting Limits. You may, at any time, set daily, weekly, and/or monthly limits on placing sports wagers on the Service. Details of how to set limits can be found on the Patron Protection and Responsible Gaming page (https://thescore.bet/help/rg) on the Services.
(b) Self-Exclusion. You may, at any time, exclude yourself from placing Wagers on the Services. Details on how to exclude yourself can be found on the Patron Protection and Responsible Gaming page (https://thescore.bet/help/rg) on the Services. Should you choose to exclude yourself, you will be opted out of all bonuses in accordance with the applicable bonus terms and conditions. Any cashable balance in your Account in the amount of one United States dollar ($1 USD) or more will be returned to you after you self-exclude. Should the cashable balance in your Account be less than one United States dollars ($1 USD) at the time of self-exclusion, such balance will be forfeited unless you contact Customer Support within seventy-two (72) hours of completing your self-exclusion request a cash out of such balance.
(c) Your Right to Suspend Your Account for a Period of Time Chosen by You. You have the right at any time to suspend your Account for a period of no less than seventy-two (72) hours. Details of how to suspend your Account can be found on the Patron Protection and Responsible Gaming page (https://thescore.bet/help/rg) on the Services.
If you elect to provide or make available to SDSVI any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Feedback”), SDSVI shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute the Feedback in any manner, without credit or compensation to you. You will not knowingly provide SDSVI any Feedback that is subject to third party intellectual property rights.
21. DEALINGS WITH THIRD PARTIES
(a) Your dealings with third parties who provide, market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. You acknowledge and agree that SDSVI shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
(b) The Service provided to you hereunder may require data usage from a third-party service provider such as a wireless carrier and/or an Internet service provider (“ISP”). As between you and SDSVI, you are responsible for obtaining services from such ISP and you are responsible for all charges related to such services from ISPs, including without limitation airtime service charges, Internet access charges, and data usage charges and overages.
(c) You should give due consideration before sharing your personal information with other persons or parties you may interact or communicate with within the Services. You acknowledge and agree that SDSVI shall not be liable for any loss or damage of any kind incurred as a result of such interactions.
22. LINKS AND EXTERNAL MATERIALS
23. MODIFICATIONS TO THE SERVICE
SDSVI reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that SDSVI shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service (or any portion thereof).
24. SUSPENSION, TERMINATION AND SURVIVAL
In the event that you violate the Terms or any part(s) thereof, all rights granted to you under the Terms may be terminated immediately, with or without notice, and SDSVI, in its sole discretion, may remove and discard Your Content and suspend or terminate your Account. The provisions of the Terms that should by their nature survive termination of the Terms shall survive such termination.
You agree to indemnify, defend and hold SDSVI and its parents, subsidiaries, affiliates, officers, directors, employees, agents, mandataries, partners, licensors, subcontractors, and any affiliates of the foregoing (collectively “SDSVI Parties”) harmless from and against any claims, demands, losses, damages, costs, liabilities and expenses, including reasonable attorneys’ fees, resulting from or arising out of your: (a) access to or use of the Service; (b) negligence in maintaining the security of your Account and all activities that happen on your Account due to such negligence; (c) violation of the Governing Documents (or parts thereof); (d) violation of any laws, rules, or regulations of any governmental or quasi-governmental authorities in connection with your use of the Services, placement of any Wagers, and any other activities in connection with the Services; (e) acceptance of any winnings you are not otherwise authorized to receive, whether as a result of SDSVI’s or any of SDSVI Parties’ error(s) or omission(s); or (f) violation of any rights of another party.
26. DISCLAIMER OF WARRANTIES
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SDSVI PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SDSVI PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE INFORMATION, DATA, STATISTICS, RESULTS OR OTHER MATERIALS THAT IS MADE AVAILABLE BY THE SERVICE, OR MAY OTHERWISE BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, ERROR-FREE OR RELIABLE.
(c) SDSVI shall not be liable for any Wagers not being placed for any reason or you being disconnected from the Services, including, without limitation, failure or disconnection of computer, telecommunication services, Internet or otherwise, and the balance of your Account will, at all times, be as is recorded on its servers. Further, SDSVI shall not be liable for any Wagers placed based on any data, statistics, results, or other information displayed or presented in the Service that are inaccurate, incorrect, and/or delayed.
27. LIMITATION OF LIABILITY
(a) YOU ACKNOWLEDGE AND AGREE THAT SDSVI PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF SDSVI PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL SDSVI’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE EXCEED FIFTY UNITED STATES DOLLARS ($50 USD) PRECEDING THE DATE ON WHICH ANY SUCH CLAIM AROSE.
(b) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
28. GOVERNING LAW
These Terms shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of New Jersey, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms.
29. BINDING ARBITRATION AND CLASS ACTION WAIVER
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in following jurisdiction, depending on the state in which you used the Service:
|State||Jurisdiction for Arbitration|
|New Jersey||Monmouth County, New Jersey|
The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
THE PARTIES EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS RELATING IN ANY WAY TO THE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, TRENTON DIVISION OR THE NEW JERSEY STATE COURT IN MONMOUTH COUNTRY, NEW JERSEY.
YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, the parties may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its respective intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
30. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms or any Governing Documents, there shall be no third-party beneficiaries to the Terms.
31. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide SDSVI's Agent for Notice of Copyright Claims a written communication that includes the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) a description of the material that you claim is infringing and where that material may be accessed within the Service;
(d) your address, telephone number and email address;
(e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement from you 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.
SDSVI's Agent for Notice of Copyright Claims can be reached as follows:
Designated Agent for Notice of Copyright Claims
Score Digital Sports Ventures Inc.
c/o 500 King Street West, 4th Floor
Toronto, Ontario, Canada
Phone: (416) 479-8812
SDSVI is only able to accept notices in English.
32. GENERAL PROVISIONS
The Governing Documents constitutes the entire agreement between you and SDSVI concerning your access to and use of the Service. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and SDSVI with respect to such subject matter. The failure of SDSVI 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 held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the Terms. It is the express wish of the parties that the Terms and all related documents be drawn up in English.