IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING SPLASH SPORTS, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
1. ACCEPTANCE OF TERMS
Certamen Games, LLC d/b/a Splash Sports (collectively, “We”, “Us” or “Splash Sports”) provide a website located at SplashSports.com (the “Website”) and a related mobile app (the “App”) — which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features, contests and other services they provide. Residents of the United States will be contracting with Splash Sports and residents of Canada will be contracting with Splash Sports. The Website, the App, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by Splash Sports are referred to here as the “Service.” Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Service. By using or otherwise accessing the Service, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and Contest Rules for any contest you enter (please see [URL]) and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy found at [URL], (3) the collection and screening of your information against any restricted persons watchlists (including sanctions and Politically Exposed Persons) and (4) any additional terms, rules and conditions of participation in particular contests issued by Splash Sports from time to time. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE WEBSITE, APP, CONTENT OR SERVICE. These Terms constitute a legal agreement between you and Splash Sports, and shall apply to your use of the Website and the Services even after termination.
Splash Sports may issue additional terms, rules and conditions of participation in particular contests. For example, Splash Sports may issue conditions as required by various provincial rules and regulations, which may impact your experience or participation on the Service. You agree to be subject to those additional rules if you participate in such contests.
You agree to fully comply with all applicable federal, provincial, and local laws, rules and regulations in connection with your use of the Service, including but not limited to provincial laws involving the regulation of charitable fundraising and commercial co-ventures.
2. MODIFICATION OF TERMS OF USE
Splash Sports reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Website. 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 Use as modified.
3. ACCOUNT TERMINATION IF PLAYER IS NOT ELIGIBLE
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. By entering a contest, you are representing and warranting that you meet all of the eligibility requirements found in that contest’s rules.
By depositing money, you are representing and warranting that you are:
If Splash Sports determines that you do not meet all eligibility requirements, then you are not authorized to use the Service. If Splash Sports otherwise determines that you do not meet all eligibility requirements, in addition to any rights that Splash Sports may have in law or equity, Splash Sports reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. Splash Sports also reserves the right to terminate your account and withhold or revoke prizes associated with your account or limit your ability to withdraw money in furtherance of its fraud prevention or anti-money laundering efforts.
4. NO ILLICIT GAMBLING
Splash Sports public contests are sweepstakes contests and no purchase is required to play. Winners are determined by the objective criteria stated in each contest’s rules. Splash Sports’ contests may not be used for any form of illicit gambling.
Splash Sports contests have a free entry alternative where no payment is required to play. If players choose to enter contests through paid entry and not through the free entry alternative then there exists the possibility that players can lose money. Players should play having that knowledge of the risk of financial loss if they choose not to enter using the free entry alternative.
Should you need some assistance moderating your play, please contact customer support (support@splashsports.com) for all available resources.
5. REGISTRATION
In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Splash Sports has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Splash Sports may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
5.1. ONE ACCOUNT PER USER
You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event Splash Sports determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Splash Sports may have, Splash Sports reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
You agree that the sole and specific purpose of creating an account on Splash Sports is to participate in contests on the Service. Splash Sports shall be entitled to suspend, limit or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in contests on the Service. In such circumstances, we may also report such activity to relevant authorities.
5.2. ACCOUNT PASSWORD AND SECURITY
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that Splash Sports in its sole discretion deems offensive. Many portions of the Service require registration for access (the “Restricted Areas”). You are responsible for maintaining the confidentiality of Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Splash Sports of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. Splash Sports cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Splash Sports is authorized to act on instructions received through the use of your Username and Password, and that Splash Sports may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
Splash Sports may require you to change your Username or may unilaterally change your Username.
5.3. COMMUNICATIONS AND INFORMATION PRACTICES
As a result of your registration for the Service, you may receive certain commercial communications from Splash Sports. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to privacy@SplashSports.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Certain contests on Splash Sports may require, as a condition of entry, that you opt in to receiving communication that may include marketing from a third party.
Such contests will contain clear and conspicuous opt in terms and you may, nevertheless, opt out of the same communication and/or third-party marketing following your entry into that contest.
For further information about how Splash Sports may use your data and communicate with you, please see our Privacy Policy at [URL].
5.4. NO ADVERTISING OR MARKETING TO MINORS
Splash Sports does not offer its products and services to minors. Contests are only open to legal residents of Canada, excluding Québec, who have reached the age of majority in their province or territory of residence at the time of entry. Splash Sports will not market to minors, according to the definition of minor in each province where Splash Sports offers its products and services. Splash Sports (a) requires all partner media outlets, websites, or other entities to agree to take all reasonable measures to not target minors on behalf of Splash Sports, (b) makes all reasonable efforts to ensure that advertising networks do not place Splash Sports material on any websites that are aimed exclusively or primarily at minors, (c) does not use any search engine optimization terms that target exclusively or primarily to minors, (d) require that individuals or other entities speaking on behalf of Splash Sports on television, radio, or online outlets understand and acknowledge Splash Sports’ policies, and (f) ensures that any promotional events are staffed by individuals that understand and acknowledge Splash Sports’ policies.
6. DEPOSITS AND WITHDRAWALS GENERALLY
By depositing funds or entering private contests, you agree to provide us with a valid mailing address, date of birth and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to deposit funds into your account and participate in contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.
Splash Sports may limit the amount a user can deposit into his or her account.
Before making any payment, Splash Sports may require that an entrant complete and execute a declaration of eligibility in which, among other things, the entrant is required to represent and warrant that the entrant is eligible to participate in a contest, is otherwise in compliance with these Terms and, potentially, is required to provide documentation or proof of eligibility and compliance. If Splash Sports requests that an entrant completes and executes such a declaration and the entrant fails to do so within seven (7) days, or Splash Sports, acting reasonably, otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, Splash Sports reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, Splash Sports may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the rules of the contest.
Entrants may withdraw their cash prize awards as well as cash deposits by using the “Withdrawal” option on the Website. Entrants may be requested to complete a declaration of eligibility and a liability/publicity release (unless prohibited by law) and/or forms of identification including but not limited to a driver’s license, proof of residence, and/or any information relating to payment/deposit accounts as reasonably requested by Splash Sports in order to complete the withdrawal of prizes. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms in any manner.
Any withdrawal requests, after approved by Splash Sports, will be credited back to the same method of payment used to deposit funds on the Website when possible. Splash Sports will only release withdrawals to a different payment method other than that which was used to make deposit(s) after the aggregate amount of such deposit(s) has already been released back to the payment method(s) used for the deposit(s).
7. WITHDRAWAL RESTRICTIONS
All entrants may withdraw the funds maintained in their individual accounts, whether such account is open or closed, within the later of a) five (5) business days of the request being made or b) the time period required by their province of residence, unless Splash Sports believes in good faith that the entrant engaged in either fraudulent conduct or other conduct that would put Splash Sports in violation of provincial, federal or local laws, in which case Splash Sports may provide the entrant with a notice of investigation and decline to honour the request for withdrawal until its investigation is resolved. For the purposes of this provision, a request for withdrawal will be considered honoured if it is processed by Splash Sports but delayed by a payment processor, credit card issuer, or by the custodian of a financial account.
Checks for withdrawal requests are processed within 14 business days. Promotional deposits, credits, and other bonuses may not be withdrawn from a Splash Sports account unless appropriate terms of the promotion are first achieved by the user.
A player can request to withdraw funds from their account at any time. Requests for withdrawal will be honoured by the later of five business days, unless Splash Sports believes in good faith that the player engaged in either fraudulent conduct or other conduct that would put Splash Sports in violation of applicable law. A request for withdrawal will be considered honoured if it is processed by Splash Sports but delayed by a payment processor, credit card issuer, or by the custodian of a financial account. Players can also permanently close their account at any time for any reason through the Splash Sports customer service department.
8. STATISTICS PROVIDERS
Splash Sports utilizes third-parties to provide statistics for most contests. Sportradar provides statistics for all NFL, MLB, NHL, College Football, College Basketball, NBA, and PGA contests.
To the extent that we offer ‘live’ statistics during gameplay, all live statistics and other information provided through the Splash Sports Site and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our contests. While Splash Sports and the third parties used to provide our Service use reasonable efforts to include accurate and up-to-date information, neither Splash Sports nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the Service and related information sources. Splash Sports and its third-party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Splash Sports Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.
9. CONDUCT
As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Splash Sports. By way of example, and not as a limitation, you agree to not:
(1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
Violation of our rules may result in the removal of your Content from the Service, forfeiture of winnings, and/or the canceling of your account. You acknowledge and agree that Splash Sports may remove any User Content (defined below) and terminate any Splash Sports account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms of Use violations, please contact us at info@splashsports.com.
10. 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 Splash Sports, 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 Splash Sports be liable in any way for any User Content.
You acknowledge that Splash Sports may or may not pre-screen User Content, but that Splash Sports 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, Splash Sports and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Splash Sports’ 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 the User Content you submit or otherwise make available on or to the Service, you grant Splash Sports 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. Splash Sports reserves the right, but has no obligation, to monitor disputes between you and other users.
11. INDEMNITY
You agree to release and to indemnify, defend and hold harmless Splash Sports 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, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Splash Sports 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 Splash Sports in the defense of such matter.
12. 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 Splash Sports 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 Splash Sports 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. Splash Sports makes no representations concerning any Content contained in or accessed through the Service, and Splash Sports will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
13. LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE, INCLUDING USE OF THE WEBSITE AND APP. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SPLASH SPORTS 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 SPLASH SPORTS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE WEBSITE, APP, OR SERVICE; THE USE OR THE INABILITY TO USE THE WEBSITE, APP, OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, APP, 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 A USER TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE WEBSITE 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 WEBSITE, APP, OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPLASH SPORTS’ 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 SPLASH SPORTS FOR GENERAL USE OF THE WEBSITE, APP, OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE WEBSITE, 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.
14. SERVICE DISRUPTION.
If for any reason the Service is not running as originally planned (e.g., if the Website becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind that, in the sole opinion of Splash Sports, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Splash Sports reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Website.
The failure of Splash Sports to comply with any provision of these Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act(s) of public enemies, actions of governmental authorities outside of the control of Splash Sports (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Rules.
15. CANCELED, POSTPONED, AND RESCHEDULED GAMES
In the event that a game is canceled or postponed and rescheduled to a time within the original scoring period for the contest and this change is made less than 24 hours before a game’s official start time, the game will be included in the contest and players listed to play in that game will be eligible to accrue points. This includes partially-played games, i.e. games canceled after they have started.
If a game is rescheduled for a time outside the original scoring period for the contest and this change is made less than 24 hours before a game official start time, the game will be disabled from the contest and players listed to play in that game will not be eligible to accrue points. Players whom you have selected for your roster as of the time of the lock of the disabled game will remain in your roster and will accrue zero points. Players in disabled games will become locked at the originally scheduled start time of their game.
The original scoring period for NFL is defined as the timeframe between the scheduled start of the first game within the contest and 11:59 pm ET on the first Wednesday after the last scheduled game within the contest. A “Game Set” is a set of games used in a given contest. In the event that a game is canceled or postponed & rescheduled to any time (both outside & within the original scoring period) and this change is made more than 24 hours before a Game Set’s start, it is at the sole discretion of Splash Sports to include or remove the game from that given contest.
In the event a game is postponed, Splash Sports will make a decision no later than 11:59pm ET of the day of the game on how to handle the postponed game.
Splash Sports may choose to adjust the scoring period for a contest at their sole discretion to accommodate schedule changes to any time before 12:00 am ET on the day after the Game Set is scheduled.
Any games that are disabled will be indicated as such on the contest description page. Emails and other notifications may also be used to notify users of disabled games.
If canceled or rescheduled games result in a contest including only one active game and this is known before the contest start time then that contest will be canceled and refunded. If a contest includes only one active game but this was not known until after the contest start time then contests for this Game Set will not be canceled.
Games are deemed to be canceled or postponed once their status is updated as such by Splash Sports’ NFL stats-provider, Sportradar.
If canceled or rescheduled games result in a contest including zero active games, all contests for that Game Set will be canceled and refunded.
16. SUSPENDED OR SHORTENED GAMES
Splash Sports uses official NFL statistics and only includes statistics from games that the NFL deems to be official. If the NFL declares a game “suspended” then the statistics generated before the game is suspended will count in contests containing said game. Any statistics generated on a later date when the game resumes will not be included.
17. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Service are owned by Splash Sports 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 Splash Sports, 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.
18. LINKS
The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because Splash Sports has no control over such sites, applications and resources, you acknowledge and agree that Splash Sports is not responsible for the availability of such external sites, applications 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 Splash Sports 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.
19. TERMINATION AND SUSPENSION
Splash Sports may terminate or suspend all or part of the Service and your Splash Sports 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 delete your Splash Sports account, you may contact us via email to privacy@splashsports.com with a note to say you wish to delete your account.
The following provisions of the Terms survive any termination of these Terms: CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION AND SUSPENSION; NO THIRD-PARTY BENEFICIARIES; AND ANY PROVISION THE SURVIVAL OF WHICH IS NECESSARY IN ORDER FOR IT TO SATISFY ITS INTENDED PURPOSE.
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 Splash Sports regarding restoration of your account only via support@SplashSports.com.
20. DORMANT ACCOUNTS
After 3 years of inactivity, accounts will be deemed dormant and will be closed by Splash Sports. Any remaining funds held in the account will be treated, in each case, in accordance with applicable laws and regulations.
Note: Dormant accounts are eligible for reinstatement upon request.
21. 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.
22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Splash Sports 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 Splash Sports’ Copyright Agent a written Notice containing the following information:
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.
Splash Sports’ Copyright Agent can be reached in the following ways: Mail: Splash Sports, 383 Corona Ave, Unit 819, Denver, 80218. Email: copyright@SplashGames.com
To be valid, a Notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
23. CONSENT TO JURISDICTION IN BRITISH COLUMBIA AND ATTORNEY'S FEES
These Terms shall be exclusively governed by, and construed in accordance with, the laws of the province of British Columbia and the federal laws of Canada applicable therein. The parties attorn and submit to the exclusive jurisdiction of the courts of the province of British Columbia (the “Forum”) for the resolution of any and all disputes, claims or controversies arising out of or relating to these Terms, the breach thereof, or any use of the Service (including all commercial transactions conducted through the Website or App) (“Claims”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and Splash Sports waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this Agreement and the Forum to which the parties have herein agreed.
Any claim or dispute between you and Splash Sports that arises in whole or in part from these Terms, the Site or any contest shall be decided exclusively by a court of the province of British Columbia.
24. APPLICATION LICENSE
Subject to your compliance with these Terms, Splash Sports grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a device that you exclusively control and to run such copy of the App solely for your own personal use. Splash Sports 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.
If you have downloaded our App, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
25. ADDITIONAL TERMS FOR THE SPLASH SPORTS IOS APP
You acknowledge and agree that (i) these Terms are binding between you and Splash Sports only, and Apple is not a party hereto, and (ii) as between Splash Sports and Apple, it is Splash Sports that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the App.
You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App or your possession and use of the App, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the App infringes a third party’s intellectual property right(s).
In the event of any failure of the iOS version of the App to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, as between Apple and Splash Sports, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Splash Sports’ responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Splash Sports’ liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
26. WAIVER AND SEVERABILITY OF TERMS
The failure of Splash Sports 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.
27. ENTIRE AGREEMENT
These Terms, and any additional terms, rules and conditions of participation in particular contests that Splash Sports may post on the Service, constitute the entire agreement between you and Splash Sports with respect to the Service and supersedes any prior agreements, oral or written, between you and Splash Sports. 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.