Hashletes

Terms of Use

Our Terms of Use have been updated as of September 21, 2018

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION IN SECTION 16 BELOW.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Acceptance of Terms

Hashletes, Inc. (“We”, “Us”, or “Hashletes”) provides a marketplace for digital collectibles (the "Tokens") related to professional athletes, which can be used in fantasy sports contests provided by Hashletes, Inc., which are located at Hashletes.com (the “Site”) and related mobile apps — 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. The Site, the mobile apps, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by Hashletes are referred to here as the “Services.” Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Services. By using or otherwise accessing the Services, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and our additional Rules and scoring system, (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy and (3) any additional terms, rules and conditions of participation in particular contests issued by Hashletes from time to time. If you do not agree to the Terms, then you may not access or use the Content or Services.

Hashletes may issue additional terms, rules and conditions of participation in particular contests. For example, Hashletes may issue conditions as required by various state rules and regulations, which may impact your experience or participation on the Services. You agree to be subject to those additional rules if you participate in such contests.

Overview of Hashletes

These Terms apply to all users of the Services, but there are some portions of the Terms that apply only to eligible users who participate in Fantasy Contests with Prizes, as defined in Section 4 below.

Fantasy Contests

Hashletes offers various ways that its users can utilize the Tokens to obtain certain benefits or participate in activities. For example, Hashletes operates fantasy contests for eligible users in which Tokens provide the means through which members of the public can create “teams” to compete against one another (“Fantasy Contests”). Hashletes’ Fantasy Contests for which there is a prize, and those portions of the Services used to register for or compete in Fantasy Contests involving a prize, are open only to eligible users, as more fully described in Section 4.

For more information on the rules governing Hashletes’ Fantasy Contests, please carefully review the Hashletes Fantasy Contest Rules.

Marketplace

Hashletes operates a marketplace for digital collectibles (“Marketplace”), referred to as Hashletes Tokens (“Tokens”), that may be based on likenesses, characters, images, and other intellectual property associated with professional athletes who participate in the National Football League (“NFL Players”), which rights have been licensed to Hashletes by the National Football League Players’ Association for the limited purpose of providing the Services. Hashletes is not sponsored by or associated with the National Football League (“NFL”) but has entered into a license agreement with the NFL Players Association.

Each NFL season, Hashletes will create a limited number of Tokens for each NFL Player. Hashletes will make those Tokens available through its Marketplace for users to acquire for their Hashletes account, at a listed price. Hashletes may offer such Tokens in different formats, including, but not limited to, in pre-generated packs and/or on an individual basis. The quantity of Tokens generated for each NFL Player, the schedule on which they are made available to users, and the price for each particular Token or combination of Tokens shall be determined in Hashletes’ sole discretion. Possession of a Token conveys certain privileges to the Hashletes user who possesses it, as specified in Section 2(v) below.

Public Marketplace

In addition to making Tokens available for users to acquire directly from Hashletes, Hashletes will also operate, as part of the Marketplace, a platform through which Hashletes users can buy, sell, or trade Tokens with other Hashletes users (“Public Marketplace”). On the Public Marketplace, Hashletes users can list Token(s) contained in their accounts for sale or trade, at a price determined by the user. All such active listings will be visible to all Hashletes users on the Public Marketplace. By using or participating in the Public Marketplace, you authorize Hashletes, on its own behalf or as an agent or licensee of any third-party licensor of Tokens, to transfer those Tokens from your account in order to give effect to any sale or trade you make. Hashletes may charge a transaction fee for each sale made on the Public Marketplace; the transaction fee amount will be posted on the Public Marketplace and disclosed to users prior to each transaction. Hashletes reserves the right to change the transaction fee from time to time; users will be notified of such changes as specified in the preceding sentence. If you complete a sale or purchase on the Public Marketplace, you acknowledge and agree that you are responsible for taxes, if any, which may be due with respect to your transactions, including sales or use taxes, and for compliance with applicable tax laws. Proceeds from sales you make on the Public Marketplace may be considered income to you for income tax purposes. You should consult with a tax specialist to determine your tax liability in connection with your activities on the Public Marketplace.

You understand and acknowledge that Hashletes may decide to cease operation of the Public Marketplace, change the fees that it charges or change the terms or features of the Public Marketplace. Hashletes shall have no liability to you because of any inability to trade Tokens on the Public Marketplace, including because of discontinuation or changes in the terms, features or eligibility requirements of the Public Marketplace.

Token License Information & Associated Rights

Any purchase of a Token is the purchase of a limited, non-transferable, revocable license to use the Token within the Services. When you purchase a Token, you acquire the rights to use the Token and related functionality as permitted by the Services and the right to sell or trade your license to the Token to someone else on the Public Marketplace in accordance with these Terms.
You acquire no other rights in the Token or to any element or intellectual property rights related thereto, including any characters, images, trademarks, or other intellectual property rights of Hashletes or our licensors, all of which are expressly reserved.

Tokens have no monetary value, and cannot be used to purchase or use products or services other than within the Services. Tokens cannot be refunded or exchanged for cash or any other tangible value except as authorized by Hashletes through the Public Marketplace in accordance with these Terms. Hashletes does not recognize any transfers of Tokens (including transfers by operation of law) that are made outside of the Public Marketplace.
Hashletes reserves the right to issue any number and variety of Tokens as it deems appropriate in its sole discretion and makes no assurances or representations that the quantity of any particular Token will be limited to what is initially announced. Hashletes may manage, regulate, control, modify or eliminate issued Tokens, including your Tokens, in our sole discretion, and Hashletes will have no liability to you or anyone for exercising those rights. In addition, all Tokens are unconditionally forfeited if your Hashletes account is terminated or suspended for any reason, in Hashletes’ sole discretion, or if Hashletes discontinues any of the Services or any portion or feature of the Services.

Modification of Terms of Use

Except for Section 18, providing for binding arbitration and waiver of class action rights, Hashletes 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 Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.

Additional Terms for Fantasy Contests

The following additional terms apply only to Fantasy Contests for which there is a prize (“Fantasy Contests with Prizes”). These additional terms shall govern in the event there is a conflict between this Section and any other section of these Terms, but only with respect to Fantasy Contests with Prizes.

Eligibility for Fantasy Contests with Prizes

Some states require operators of Fantasy Contests with Prizes to be licensed or registered in order to offer contests to residents of that state. If you are physically located in a state with such a license or registration requirement at the time that you are entering a Fantasy Contest, and Hashletes does not have a license to operate in that state, you may not be able to participate in Fantasy Contests with Prizes.

If you plan to access or participate in Fantasy Contests with Prizes, 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 Fantasy Contest, you are representing and warranting that:

  • you are of 18 years of age or older (21 years of age or older if located within or a resident of Massachusetts)
  • you are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada;
  • at the time of game entry you are physically located in the United States of America or Canada in a jurisdiction in which participation in the Fantasy Contest is not prohibited by applicable law;
  • you are not listed on any U.S. Government list of prohibited or restricted parties;
  • you will abide at all times by these Terms of Use and any other agreements between you and Hashletes regarding your use of the Services or participation in Fantasy Contests;
  • when entering Fantasy Contests with Prizes, you are not physically located in of any of the following states: Alabama, Arizona, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada, Texas or Washington;
  • you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding;
  • when entering a Fantasy Contest with Prizes, you are not an employee or operator of another daily fantasy site that charges entrance fees or offers cash prizes;
  • you do not, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about Fantasy Contest-related information.

If Hashletes determines that you do not meet the eligibility requirements of this section, then you are not authorized to access or participate in Fantasy Contests with Prizes. Hashletes may require you to provide proof that you are eligible to participate according to this section prior to receiving prizes from a Fantasy Contests with Prizes (“Fantasy Prize Winnings”). This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 4.v.f. below). If Hashletes otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Hashletes may have in law or equity, Hashletes reserves the right to terminate your account, restrict your account from accessing or participating in Fantasy Contests with Prizes, withhold or revoke the awarding of any Fantasy Prize Winnings associated with your account or limit your ability to withdraw. In such a situation, Hashletes may pay out any withheld or revoked Fantasy Prize Winnings to the other entrants in the relevant Fantasy Contest in a manner consistent with the prize structure of the Fantasy Contest, to be precisely determined by Hashletes in its sole discretion. Hashletes also reserves the right to withhold revoked Fantasy Prize Winnings to use in furtherance of its fraud prevention or anti-money laundering efforts. Hashletes employees may use the Services for the purpose of testing the user experience, but may not withdraw money or Fantasy Prize Winnings. Relatives of Hashletes employees with whom they share a household are not eligible to participate in Fantasy Contests with Prizes. Hashletes consultants or promoters of the Services may play in Fantasy Contests with Prizes without such limitation, but only if (i) their arrangement with Hashletes does not permit them to have any access to non-public Services data or any other data not made available to all eligible players on the Services and (ii) they do not receive any other advantages in their play on the Services.
Employees or operators of other daily fantasy sites that charge entry fees or offer cash prizes and individuals who, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about game-related information may not enter any Fantasy Contests with Prizes. If such person enters a Hashletes Fantasy Contest with a Prize, Hashletes will disqualify the entry, will not award the person Fantasy Prize Winnings, and may report such person’s violation of this provision to the daily fantasy site for which the entrant is employed by, operates or affiliated with. Additionally, Hashletes may maintain information about the entrant sufficient to assist Hashletes in blocking the user from entering future Hashletes Fantasy Contests with Prizes, unless and until Hashletes determines, in its sole discretion, that the entrant is no longer an employee or operator of another daily fantasy site or no longer has access to pre-release non-public confidential data about game-related information by virtue of affiliation with a daily fantasy site.

NFL athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any Hashletes Fantasy Contests with Prizes. NFL team owners, referees, league employees, commissioners, and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.

Hashletes offers proactive tools and support meant to encourage healthy player behavior and deliver positive player experiences. We also allow qualified third parties, who have concerns about a player’s ability to manage his or her play, to request a limitation on that player’s participation in Hashletes’ Fantasy Contests with Prizes. You can learn more about our responsible play policies and tools in Responsible Play.

Disqualification and Cancellation

Hashletes also reserves the right to cancel Fantasy Contests, in our sole discretion, without any restrictions. Additionally, Hashletes, in its sole discretion, may disqualify you from a Fantasy Contest, access to all Fantasy Contests with Prizes, or the entire Services, refuse to award fantasy points or prizes and require the return of any Fantasy Prize Winnings, or suspend, limit, or terminate your account if you engage in conduct Hashletes deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Services or in any way detrimental to other users. Improper conduct includes, but is not limited to:

  • falsifying personal information, including payment information, required to use the Services or claim a prize;
  • violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means;
  • tampering with the administration of the Services or trying to in any way tamper with the computer programs associated with the Service;
  • using IP proxying or other methods to disguise the place of your residence to circumvent geographical restrictions on Fantasy Contest participation;
  • obtaining other entrants’ information and spamming other entrants;
  • abusing the Services in any way; or
  • otherwise violating these Terms of Use.

You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Hashletes from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
If for any reason Fantasy Contests are not running as originally planned (e.g., if the Site 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, in the sole opinion of Hashletes corrupts or affects the administration, security, fairness, integrity or proper conduct of the Services), Hashletes 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 Fantasy Contests, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.

The failure of Hashletes to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Hashletes (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.

Taxation

Each year, all winners of Fantasy Contests who have won $600 or more over the previous year must provide updated address and social security details to Hashletes. These details will be used to allow Hashletes to comply with tax regulations and may be shared with appropriate tax authorities. You, not Hashletes, are responsible for filing and paying applicable state and federal taxes on any winnings. Hashletes does not provide tax advice, nor should any statements in this agreement or on the Services be construed as tax advice.

Publicity

By entering a Fantasy Contest, you consent to Hashletes’ and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Fantasy Contest and/or other Hashletes Fantasy Contests and Hashletes generally, unless otherwise prohibited by law. Hashletes, Inc. and its service providers and business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Fantasy Contest. Entrants agree that Hashletes, Inc. may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Hashletes or other Fantasy Contests or games operated by Hashletes, Inc. You agree that participation in and (where applicable) the winning of Fantasy Prize Winnings in connection with a Fantasy Contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain Fantasy Contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

Game Rules

Rules

Each Fantasy Contest is governed by the specific contest rules, scoring rules, controls and guidelines for that Fantasy Contest. You should review the Rules. Such rules, scoring rules, controls and guidelines form part of these Terms and you agree that you shall comply with them in respect of each individual contest which you choose to enter.

Game of Skill

Hashletes Fantasy Contests are games of skill. Winners are determined by the criteria stated in each Fantasy Contest's rules. For each Fantasy Contest, winners are determined by the individuals who use their skill and knowledge of relevant NFL information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes in NFL events.

Entry Requirements

All Fantasy Contests require Tokens to play. In the event of a dispute regarding the identity of the person participating in a Fantasy Contest, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in Hashletes’ opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. For Fantasy Contests with Prizes, Hashletes reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.

Fantasy Contest Term

Hashletes offers Fantasy Contests for NFL games generally taking place on a single day or at most a week.

Prizes

After each Fantasy Contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players in each Fantasy Contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes (if any) as set out in the posted Fantasy Contest details. Fantasy Prize Winnings are added to the winning player's account balance, as further described in Section 5(iii) below. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.

Hashletes offers a number of different types of Fantasy Contests. For each Fantasy Contest, we announce any applicable prizes in advance on the Fantasy Contest page. For a summary of entry fees and prizes for currently open Fantasy Contests please login and visit the Fantasy tab.

Prize calculations are based on the results as of the time when final scoring is tabulated by Hashletes. Once winners are initially announced by Hashletes, the scoring results will not be changed in light of official adjustments made by the NFL, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. Hashletes has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.

No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Fantasy Contest is challenged by any legal authority, Hashletes reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of Hashletes Fantasy Contests, Hashletes, Inc. is the sole judge and its actions are final and binding.

Notification

Winners are generally posted on the Site after the conclusion of each Fantasy Contest by 10 AM ET on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner's names for each competition period may be obtained by writing to: Hashletes, Inc., 6310 Tompkins Way, Culver City, CA 90232.

Conditions of Participation

Registration

In order to engage in transactions on the Marketplace or Public Marketplace, or to participate in the Services, including Fantasy Contests, you must register for an account. By registering as a user of the Services, 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 Hashletes has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Hashletes may deny you access to areas requiring registration, or terminate your account, at its sole discretion.

You may establish, maintain, use and control only one account on the Services. Each account on the Services may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Services. In the event Hashletes determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Hashletes may have, Hashletes 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 Hashletes is to participate in the Services. Hashletes shall be entitled to suspend, limit or terminate your account if we have reasonable grounds to believe (as determined in our sole discretion) that you are engaging in Public Marketplace transactions or otherwise using the Services for an illegal or improper purpose. In such circumstances, we may also report such activity to relevant authorities.

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 Hashletes in its sole discretion deems offensive. Many portions of the Services 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 Services 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 Hashletes 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 Services’ Restricted Areas. Hashletes 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 Hashletes is authorized to act on instructions received through the use of your Username and Password, and that Hashletes 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.
Hashletes may require you to change your Username or may unilaterally change your Username.

User Account Funds and Withdrawals

By creating a Hashletes account, you agree to provide us with a valid mailing address, date of birth, and Social Security number as well as 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.
For users eligible to participate in Fantasy Contests with Prizes (pursuant to Section 4(i) above), while your account is pending verification, you may be able to participate in Fantasy 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.
If you participate in Fantasy Contests with Prizes, all Fantasy Prize Winnings you obtain will be added to your Hashletes account balance, and such funds will be held in a separate, segregated bank account by a subsidiary of Hashletes, Inc. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and Hashletes may not use them to cover its operating expenses or for other purposes. Your withdrawals of Fantasy Prize Winnings will be made from this segregated bank account, and any checks or other payments issued from that account may bear the name of Hashletes’ subsidiary.

Any proceeds from sales you make on the Public Marketplace (“Public Marketplace Proceeds”) will also be added to your Hashletes account balance. Such funds also belong to you and you can similarly withdraw them or use them within the Services, subject to review for evidence of fraud, verification or other prohibited conduct. However, these funds may not be held in the same segregated bank account of Hashletes’ subsidiary as described above (the purpose of which is only to hold Fantasy Prize Winnings belonging to users, in accordance with applicable fantasy sports regulations), and accordingly, withdrawals of non-prize funds may not originate from the segregated account.
If your user account balance contains both Fantasy Prize Winnings and Public Marketplace Proceeds, when you request to withdraw those funds or spend them within the Services (for instance, to acquire Tokens or pay an entry fee for a Fantasy Contest), Hashletes will, in the normal course, first use any funds associated with your Public Marketplace Proceeds before using your Fantasy Prize Winnings; however, Hashletes reserves the right to choose, in its sole discretion, which account or accounts to withdraw funds from for any such request.

We also may conduct checks for Terms compliance, including anti-fraud checks on playing and Services usage patterns 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 account balance at any time and for any reason.
Hashletes may limit the amount of entries that a user can play in accordance with state-imposed deposit limits.

Bonuses, Promotions, and Referral Program

We may offer bonuses to new users and for other marketing purposes, such as a referral program (“Referral Program”). Users may be able to earn credits that can be used for participation in the Marketplace or as an entry fee in a Fantasy Contest (“Referral Program Rewards”) by inviting their eligible friends to register as new Hashletes users using a unique referral code (“Referral Program Codes”). Referral Program Codes must be used for the intended audience and purposes, and may not be sold or transferred in any manner or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Hashletes. Except as permitted by Hashletes, Referral Program Rewards are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. You agree we may change the terms and conditions of the Referral Program, terminate the Referral Program, or expire, deduct, limit, or modify your Referral Program Rewards at any time for any reason, including but not limited to, the event that Hashletes determines or believes that your participation in the Referral Program or use or redemption of Referral Program Codes was in error, fraudulent, illegal, or otherwise in violation of these Terms.

Certain bonuses are awarded as a “pending bonus” earned gradually when users enter Fantasy Contests. A user’s pending bonus is converted into a monetary credit that can be used to purchase Cards on the Marketplace or enter Fantasy Contests. Unless otherwise stated, any unconverted pending bonus remaining in a user’s account 45 days after it has been initially credited can be removed by Hashletes.

Any credit a user receives is for participation in the Marketplace or entry in Fantasy Contests and cannot be withdrawn. In the event of abuse of the bonus system by any user, Hashletes reserves the right to retract your user bonuses.

Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Hashletes. By way of example, and not as a limitation, you agree not to:

  • abuse, harass, impersonate, intimidate or threaten other Hashletes users;
  • post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
  • use the Services for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Hashletes user;
  • create or submit unwanted email ("Spam") to any other Hashletes users;
  • infringe upon the intellectual property rights of Hashletes, its users, or any third party;
  • submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
  • post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • scrape, access, monitor, index, frame, link, or copy any content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly-available portions of the Services through a browser or accessing the Services through any approved mobile application, application programming interface, or client application;
  • violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
  • post material that advocates illegal activity or discusses illegal activities with the intent to commit them (in either case as determined by Hashletes in its sole discretion);
  • post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling," "lock out," "metering" device or any malicious code);
  • that you will not falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
  • through misrepresentation or otherwise, solicit personal or sensitive information from other users such as address, credit card or financial account information, passwords or other Registration Data;
  • submit content linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
  • violate the law or encourage conduct that would constitute a criminal offense or give rise to civil liability;
  • use artificial means, including creating multiple user accounts, to inflate your position and standing with the Hashletes leader boards and community;
  • use unauthorized scripts; all authorized scripts will be made available through the Fantasy Services prior to game entry;
  • advertise to, or solicit, any user to buy or sell any products or Services, or use any information obtained from the Services in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
  • sell or otherwise transfer, sell, or trade your Registration Data without written permission from Hashletes;
  • use or access a version of the Services or Registration Data that has been transferred, sold or traded from another user without written permission from Hashletes, except as permitted by these Terms;
  • attempt to influence the play in any sporting event from which athletes are available for selection in Hashletes’ Fantasy Contests in which you are involved or in which you have a direct or indirect interest;
  • enter into Fantasy Contests, by any means including multi-accounting, for which you are ineligible (e.g., beginner Fantasy Contests when you are not a beginner);
  • use the Services in a way that violates or facilitates violations of these Terms, any other agreement or any guidelines or policies posted by Hashletes.

Violation of our rules may result in the removal of your Content from the Services, forfeiture of winnings, and/or the canceling of your account. You acknowledge and agree that Hashletes may remove any User Content (as defined below) and terminate any Hashletes 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.

User Content

The Services may enable you to submit, post, upload, or otherwise make available through the Services content such as profile information, communications with other users, whether privately or made publicly available, video clips, photographs, public messages, ideas, comments and other content (collectively, "User Content") that may or may not be viewable by other users. You understand that all User Content, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. You further agree that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content without violation of any third-party rights. This means that you, not Hashletes, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Services. Under no circumstances will Hashletes be liable in any way for any User Content.

You acknowledge that Hashletes may or may not pre-screen User Content, but that Hashletes 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 Services. Without limiting the foregoing, Hashletes and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Hashletes' sole discretion. You understand that by using the Services, 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 Services.
With respect to User Content you submit or otherwise make available on or to the Services, you grant Hashletes 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 Services. Hashletes reserves the right, but has no obligation, to monitor disputes between you and other users.

You acknowledge and agree that Hashletes does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable. You also acknowledge that Hashletes is a provider of an interactive computing service as set forth the Communications Decency Act, 47 U.S.C. §230. Hashletes expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider on or through the Services.

Communications

  • i. Text Messaging
  • By using the Services, you agree that Hashletes and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. You will not be able to use the Services without agreeing to receive operational text messages because they are used to verify your identity. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or use of the Services. If you change or deactivate the phone number you provided to Hashletes, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your carrier for details. If you no longer want to receive Hashletes text messages, you may text STOP at any time. You may also opt-out of receiving marketing text messages at any time by sending an email to [email address] indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while Hashletes processes your request, and you may also receive text messages confirming the receipt of your opt-out request. If you have revoked consent and want to re-enroll in our text message program, you can re-enroll through our Services.
  • ii. Push Notifications
  • When you install the Hashletes application on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device’s settings page
  • iii. Email
  • Hashletes may send you emails concerning our products and services, as well as those of third parties. 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 team@hashletes.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
  • iv. E-Sign Disclosure
  • By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing support@hashletes.com with Revoke Electronic Consent in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email support@hashletes.com with contact information and the address for delivery..

Indemnity

You agree to release and to indemnify, defend and hold harmless Hashletes and its parents, subsidiaries, affiliates and agents, 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 out of or resulting from your use of the Services, 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. Hashletes 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 Hashletes in the defense of such matter.

Warranty disclaimers

You expressly understand and agree that your use of the Services is at your sole risk. The Services (including the Site, its related mobile apps 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 Hashletes 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 Hashletes from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Hashletes makes no representations concerning any Content contained in or accessed through the Services, and Hashletes will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

Limitation on liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HASHLETES 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 HASHLETES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE FANTASY CONTESTS OR PUBLIC MARKETPLACE TRANSACTIONS); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HASHLETES'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HASHLETES FOR GENERAL USE OF THE SITE OR SERVICES DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR FANTASY CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF HASHLETES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS LIMITATION OF LIABILITY SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE A NEW JERSEY RESIDENT, OR A RESIDENT OF ANOTHER STATE THAT PERMITS THE EXCLUSION OF THESE WARRANTIES AND LIABILITIES, THEN THE ABOVE LIMITATIONS SPECIFICALLY DO APPLY TO YOU.

Our Proprietary Rights

All title, ownership and intellectual property rights in and to the Services are owned by Hashletes or its licensors. You acknowledge and agree that the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Hashletes, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Services, in whole or in part.

Location and Push Notifications and Other Technologies

To determine your eligibility to use the Services, Hashletes may determine your location using one or more reference points, such as GPS, Beacons and/or software within your personal computer, mobile device, consumer electronics device, video game device or console, or any other equipment. If you have set your device(s) to disable GPS, Bluetooth or other location determining software or do not authorize the Services to access your location data, the Services may not be able to determine your location and you will not be able to access the Services. For more information about how the Services collects, uses and retains your information, please read the Hashletes Privacy Policy.

This Services also may make use of push notifications to devices that support the transmission of such notifications or alerts. Push notifications are used to send notification messages to you regarding offers, products, events, and other promotions and related alerts, as well as informational and/or administrative messages. After downloading the Services, you may be asked to accept or deny push notifications. If you deny, you will not receive any push notifications. If you accept, push notifications will be automatically sent to you. If you no longer wish to receive push notifications from this Services, you may opt out by changing your notification settings on your device or, if applicable, through the push notification service. For mobile devices, the device manufacturer, not Hashletes, controls these notification settings.

Links

The Services provide, or third parties may provide, links to other World Wide Web sites, applications or resources. Because Hashletes has no control over such sites, applications and resources, you acknowledge and agree that Hashletes 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 Hashletes 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.

Termination and suspension

Hashletes reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services or associated services (or any part thereof), with or without notice. You agree that Hashletes shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services or associated services.

We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a contest, Token sales, the Marketplace or other Services for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES
Hashletes may terminate or suspend all or part of the Services and your Hashletes 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 Services will immediately cease. If you wish to terminate your Hashletes account, you may contact us at support@hashletes.com with a note to say you wish to terminate your account.

The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); GAME RULES (only Bonuses and Promotions); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION.

If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Hashletes regarding restoration of your account only via support@hashletes.com.

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.

Notice and procedure for making claims of copyright infringement

Hashletes 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 Hashletes' Copyright Agent a written Notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Hashletes' Copyright Agent can be reached in the following ways:
Mail: DMCA Copyright Agent
ZwillGen PLLC
1900 M St. NW
Suite 250
Washington, DC 20036
Email: dmca@zwillgen.com

You can leave a voicemail for our Copyright Agent at 202-296-3585, but you cannot use this number to submit a Notice or to otherwise inform us of alleged copyright infringement. To be valid, a Notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.

BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Initial Dispute Resolution

Our Customer Support Department is available at support@hashletes.com to address any concerns you may have regarding the Services. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules , excluding any rules or procedures governing or permitting class actions.

The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Consumer Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Hashletes will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Hashletes will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Location

If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of Los Angeles, State of California, United States of America, and you and Hashletes agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND HASHLETES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception - Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Hashletes, Inc., 6310 Tompkins Way, Culver City, CA 90232. The notice must be sent within 30 days of 9/6/2018 or your first use of the Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Hashletes also will not be bound by them.

Changes to this Section

Hashletes will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.

For any dispute not subject to arbitration you and Hashletes agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

The Terms and the relationship between you and Hashletes shall be governed by the laws of the State of California without regard to conflict of law provisions.

Application License

Subject to your compliance with these Terms, Hashletes 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. Hashletes 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 Services malfunctions.

Additional Terms for Our iOS App

You acknowledge and agree that (i) these Terms are binding between you and Hashletes only, and Apple is not a party hereto, and (ii) as between Hashletes and Apple, it is Hashletes 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 rights.

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 Hashletes, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Hashletes’ responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Hashletes’ 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.

Age Restrictions

Although Fantasy Contests with Prizes are generally restricted to users over the age of 18 (except in Massachusetts, as noted in Section 4(i) above), some portions of the Services are available to users age 13 or older, such as the Marketplace and Public Marketplace. If you are under 18, you may access and use the unrestricted portions of the Service only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their household, including by providing payment information.

General Information

Entire Agreement

These Terms (and any additional terms, rules and conditions of participation in particular Fantasy Contests that Hashletes may post on the Services) constitute the entire agreement between you and Hashletes with respect to the Services and supersedes any prior agreements, oral or written, between you and Hashletes. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular Fantasy Contests, the latter will prevail over the Terms to the extent of the conflict.

Waiver and Severability of Terms

The failure of Hashletes to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This statute of limitations provision does not apply to residents of New Jersey.

Section Titles

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Communications

Users with questions, complaints or claims with respect to the Services may contact us using the relevant contact information set forth above.

Refund Policy

We issue refunds for digital products within 30 days of the original purchase of the product, so long as the product has been used in an application or game within that time period. If you have any questions about our Returns and Refunds Policy, please contact us at support@hashletes.com.

Thank you for using Hashletes!