Terms of Service
Last Updated: April 27, 2020
Welcome to Long Game!
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, WHICH APPLY TO YOUR USE OF OUR SERVICES. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration unless you opt-out within the specified time frame. See Section 5 for more information.
We appreciate your interest in using the website, mobile applications and online services offered through Long Game Savings, Inc. (“Long Game”), including www.longgame.co (the “Service Website”) and our mobile application (the “App” and collectively, with the Service Website, the “Services”) (Long Game is referred to as “we,” “us” and “our.”).
These Terms of Service (“Terms”) are a legally binding agreement that govern your use of the Services as a “guest” (an individual who is eligible to participate in some activities on the Services) and as a “member” (an individual who is eligible to participate in the activities on the Services and who have properly completed the registration process). The term “user” refers to a guest or a member. If you do not agree to these Terms of Service (“Terms”), including all terms incorporated by reference, you may not use the Services. Long Game offers the Services as a program manager and service provider to Blue Ridge Bank and nkbc bank (“the Banks”). The Banks sponsor these Services, and we operate at the Banks’ direction and subject to its oversight and supervision. The Banks have authorized these Terms and, where so stated expressly, has agreed to be bound by them. These Terms do not govern use of the Long Game Savings Visa debit card. Those cardholder terms are available in the App. Moreover, members with accounts opened with nbkc bank are subject to an additional consumer deposit agreement, presented to them upon account-opening. That consumer deposit agreement governs your relationship with nbkc bank, but your relationship with us remains subject to these Terms.
We may change the Terms from time to time. The most recent version of the Terms will always be posted on the Service Website with the “As of” date posted at the top of the Terms. If we make any material changes to our Terms or how we handle your information, you will know because the “As of” date of the Terms will change. By accessing the Services after the “As of” date, you are deemed to consent to our then-current Terms.
If you have any questions regarding these Terms, you can contact us at [email protected].
You and we agree as follows:
1. Consent to Receive Electronic Communications
You consent to receive all notices, disclosures and other communications (“Communications”) from us electronically rather than in paper form, including any Communications about the Services and your account. You confirm you can access and receive Communications electronically. Unless otherwise specified in these Terms, we will provide Communications to you by emailing them to you at the email address associated with your profile. You may update your email address by logging into your profile. A Communication will be considered to be received by you upon our delivery.
A. Hardware and software requirements
In order to access and retain Communications electronically, you need the following hardware and software: (a) an Internet-connected computer or mobile device; (b) access to the email address associated with your profile; (c) software capable of opening a PDF; (d) access to our Services (e.g., via the mobile app or the Service Website); (e) if you will access our Services via the Service Website, then a web browser which includes 128-bit encryption (such as Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled; and (f) sufficient data storage to save Communications electronically or a printer to print them.
B. Requesting paper copies; Withdrawing Consent
You may request a paper copy of a Communication that we provided to you electronically, or you may withdraw your consent to receive Communications electronically, by contacting us at [email protected]. We reserve the right to charge you a fee of $10 for each paper copy of a Communication. We also reserve the right to terminate your use of the Services if you decline or withdraw consent to receive electronic Communications.
C. Mobile Communications
You authorize us to send transactional or relationship calls or text messages that use an automatic telephone dialing system to any mobile phone number you provide via our Services.
When you opt-in to the service, we will send you a message to confirm your signup. You can cancel this service at any time. Just text “STOP” to 96365. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again. If at any time you forget what keywords are supported, just text “HELP” to 96365. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages.
You are not required to provide this authorization as a condition of purchasing any goods or services. You may elect not to receive these forms of communications by emailing [email protected].
2. Overview of Services
Our Services provide a convenient and fun way to help encourage you to build your personal wealth. In order to use the savings-related features provided via our Services, you must transfer funds from your own external account through the Services to a pooled or an individual direct deposit account at one of our partner Banks (the “Service Account”).
To transfer the funds, customers either will be directed to open an account with nbkc bank or will open a “White Label” account (a “Dwolla Account”) provided by Dwolla, Inc. (“Dwolla”). (You won’t be asked to do both!) The Dwolla Account is used to transfer your funds from your own external account to a pooled Service Account at Blue Ridge Bank. Funds are typically not held in your Dwolla Account for more than three (3) days and, while in the Dwolla Account, are not accessible to you. Our Services also encourage users to participate in savings-related activities, such as by offering promotions and sweepstakes that incentivize certain savings goals (see Section 7 below for more details).
Subject to these Terms, including your compliance with any requirements in these Terms, Long Game grants you the right to use the Services for your personal, non-commercial use.
You must be a legal United States resident who is 18 years of age or older to use our Services. You must be 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. You may only use the Services on behalf of yourself for personal and non-commercial purposes. You may not access the Services if (a) you have previously been suspended or removed from using the Services, or (b) your use of the Services breaches any other agreement to which you are a party. Additional eligibility requirements may apply to our Promotions and will be communicated in the applicable Official Rules. The Services are not available where otherwise prohibited or restricted by applicable local laws, rules and regulations.
B. Profile Creation
In order to use the core features of our Services, you will need to register a profile via the Services and provide any information requested via the Services. If you create a profile, you must (a) provide accurate, current and complete registration information, (b) maintain and keep such information updated at all times, (c) not use a password for the Services that you use for any other website or online service, and not share your profile credentials with any third party, (d) keep your profile secure, and accept all risks of unauthorized access to your profile to the extent obtained through the use of credentials under your possession or control or through a computer or device that you use to access the Services, and (e) immediately notify us if you discover or otherwise suspect any unauthorized access or use related to the Services or your profile.
C. Linking an External Bank Account, Deposits, and Withdrawals
(a) When you set up your profile via the Services, you will need to link at least one external savings account (“External Account”) to your profile in order to utilize the savings-related features provided via the Services. You represent and warrant that you have the right to control any External Account you sign into via the Services. The integration service enabling you to sign into an External Account via the Services is provided by Plaid Technologies, Inc. Inc, (the Integrator.) You authorize the Integrator, pursuant to your instructions, to access your External Account and link it to your Dwolla Account or Service Account (if no Dwolla Account), as further described in Section 6 below.
(b) If during the course of linking your External Account your profile is flagged for review by our compliance systems, you may be asked to upload documentation supporting your identity. You agree only to upload documentation that is current, accurate, and belongs to you.
(c) If we notice a pattern of deposits and withdrawals that we determine to be suspect, or not in the nature of building savings over time, we reserve the right to suspend access to the Services and to your funds in the Service Account until an investigation into account activity can be completed. In addition, based upon an investigation into account activity, in the event we determine in our sole discretion that you misused the Services, including engaging in fraud, you agree and authorize us to seek to reverse your transfers to an External Account. Furthermore, you agree that we are not responsible to you or any third party for any fees, charges or penalties you may incur resulting from such reversal. We further reserve the right to terminate your use of the Services and to withhold and cancel game winnings, rewards, or promotions at any time in our sole discretion.
(d) Deposits into your Service Account may take 3-5 business days to process. During that time the funds will be unavailable for withdrawal or other use.
D. If You Have A Dwolla Account
(b) The Dwolla Account is not a bank account. Any funds in your Dwolla Account are held by Dwolla’s financial institution partners, Compass Bank or Veridian Credit Union, as specified in the Dwolla Terms. The funds are held in a “pooled” account, which means a pooled account in which your funds are commingled with the funds of other Dwolla account holders. Although you do not hold a separate account with Dwolla’s financial institution partners and, as a result, your funds may not be FDIC or NCUA-insured, your funds only reside in the Dwolla Account while in transit to or from the Service Account – typically a period of about one business day, and not more than three business days.
(c) If you have a Dwolla Account, you authorize Long Game to share data with Dwolla and, through Dwolla, with those financial institutions for the purposes of opening and supporting your Dwolla Account (as further described in our Privacy Notice), and you are responsible for the accuracy and completeness of that data. You also authorize Long Game to share data with the Bank for the same purposes.
(d) Long Game does not store or transfer funds in connection with the Services and is not a party to (and, except as set forth therein, has no obligations pursuant to) the Dwolla Terms. You authorize Long Game to monitor and analyze your Dwolla Account transactions to determine your eligibility for Promotions (defined below) and for the other purposes described in our Privacy Notice. Any transaction you initiate via the Services is not cancellable once submitted, except to the extent otherwise indicated via the Services.
E. The Service Account
Once your funds arrive in the Service Account (whether directly from your External Account or through Dwolla), they are fully FDIC-insured. Your funds (whether in the Service Account or Dwolla Account, if applicable) can only be accessed and managed through our Services. Long Game will provide first-tier customer support for the Services and both the Service Account and your Dwolla Account, if any. This means you should contact Long Game first and we will interact with the relevant Bank and Dwolla as necessary. Notifications of Service Account and Dwolla Account activity will be sent by Long Game, not Dwolla or the Bank. You can reach Long Game with customer support questions at [email protected]
3. Promotions and Rewards
Long Game may from time to time administer, operate or run contests, sweepstakes, and other promotions (collectively, “Promotions“) via the Services, including to help incentivize savings-related activities. You agree to be bound by the Official Rules that may be applicable to any individual Promotion when participating in any Promotion.
B. New User Referral Promotion
Offer valid for new, first-time Long Game users. To qualify for this promotion users must directly click through from the referrer’s unique link and successfully create a new Service Account, link to an External Account, and complete a successful deposit. A deposit is considered “completed” only after the Service Account has been successfully funded. The referrer will receive the referral bonus after the referred user links an External Account. (If you’ve made a successful deposit before receiving the bonus, you can withdraw the bonus immediately – when it’s settled/complete/cleared. If you haven’t made a deposit, you will be able to withdraw your bonus after you make your first successful deposit – a cleared deposit ). Limit 100 referral incentives per referrer. Offer subject to change at any time. Long Game reserves the right to refuse or rescind any incentives deemed fraudulent or based on inaccurate information.
C. Affiliate Program
Affiliate coin bonus will be deposited within 1 business day of completing an offer. Offers subject to change at any time. Long Game reserves the right to refuse or rescind any incentives deemed fraudulent or based on inaccurate information. If you complete an offer the associated company may share personal information such as name or email address in order for Long Game to fulfill your offer Bonus.
One (1) or more virtual coins (“Coins”) are required to participate in any and all Promotions, and the procedure for earning Coins is described in the Coin Earning Rules. Coins are not currency and have zero (0) cash value. See the Coin Earning Rules for more details.
Long Game may also from time to time enable you to earn crypto rewards (collectively, “Rewards” and each, a “Reward”). Long Game may at any time suspend or eliminate Rewards. You can view the Rewards you have received in your “My Savings” tab. Rewards may be redeemed solely from Long Game for crypto currency of Long Game’s choosing (such as, by way of example only, ETH, 0x, BAT.) through its Services. You may redeem your Rewards only by the method and within the scope described via the Services. To claim your reward you must transfer it to an external wallet or exchange account via the app. Note that you have one year from the date the Reward is awarded to redeem a Reward for crypto currency. Also, your ownership of a Reward does not equate to ownership of any crypto currency. Your ownership of crypto currency does not occur until your Reward is properly redeemed and the crypto currency is transferred to your external wallet. Rewards have zero (0) cash value and are used solely to incentivize savings-related activities. Rewards cannot be sold, transferred for value, redeemed for cash or applied to any other account. We may limit the number of Rewards you can earn within certain periods of time or implement other restrictions on the receipt, use or redemption of Rewards. We may further restrict your ability to redeem your Rewards based on your place of residence. In the event of an error, we reserve the right to correct such errors and revise the Rewards you have earned or the amount of crypto currency you receive in redeeming you Rewards.
4. Fees and Payment
By using the Long Game App and Services, and selecting any Services that we offer for a fee, either on a one-time or subscription basis, you accept the cost of the Services that you have elected to pay and authorize Long Game to process your payment from your third-party external financial account designated in your account on the Long Game App (your “External Account”), from your Long Game savings account (your “Savings Account”), or from your Long Game everyday spending account (your “Everyday Spending Account”). If Long Game is unable to collect your payment using one of the foregoing methods, Long Game reserves the right to freeze or cancel your account in its sole discretion.
If you purchase any Long Game service that we offer for a fee, you agree to pay Long Game, directly or via its designated third party payment processor, all applicable fees as they become due plus all applicable related taxes. You may cancel your subscription from time to time as provided on the Long Game App. We may refuse to renew any subscription.
A. Subscription Fees
If you select a user experience tier that is subject to a recurring monthly subscription fee for personal use of the Long Game App and Services (the “Subscription Fee”), you agree to pay the Subscription Fee applicable to the user experience tier you have selected.
B. Change in Fees
Long Game may change the Subscription Fee and adjust pricing for the Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We will notify you in advance of any change in Subscription Fees by sending you an email to the email address in your Profile. Subscription Fee changes will take effect at the start of the next subscription period following the date of the Subscription Fee change. You accept the new fees by continuing to use the Long Game App and Services after the fee change takes effect. If you do not agree with the applicable price change, you have the right to reject the change by terminating your Long Game Account in accordance with these Terms.
C. Billing and Payment Policy
We may use a third-party payment service to charge your External Account. By submitting your payment account information, you grant Long Game the right to store and process your information with the third party payment service, which may change from time to time. You agree that Long Game will not be responsible for any failures of the third party to adequately protect such information. You acknowledge that we may charge (or use a third party payment service to charge) your External Account or any of your Long Game Accounts for any applicable fees associated with your Long Game Account or other amounts owing to Long Game in connection with your use or misuse of the Services, including any account you hold in connection with your use of a Visa® debit card issued by nbkc Bank (“nbkc”). Without limiting the foregoing, if any payment or transfer you make from your Long Game Account is returned unpaid, you authorize us (or a third party payment service) to make a one-time electronic fund transfer from any Long Game Account or your External Account to collect an amount equal to the fee charged for such return.
D. Payment of Fees
You Are Responsible For The Timely Payment Of Any Fees And For Providing Long Game With A Valid Payment Method For Payment Of All Fees.
E. Your Authorization for ACH Debits and Credits
By creating a Long Game Account, you provide your electronic signature to this Terms of Service and you authorize Long Game to electronically debit and credit your Bank Account via the Automated Clearing House (“ACH”) in connection with your use of the Services, and, if applicable, to correct erroneous debits and credits via ACH.
Other than when expressly set forth on our Services as updated from time to time, or to correct any errors made by Long Game, Long Game has no obligation to provide refunds or credits, but may grant them in certain circumstances, such as a result of specific refund guarantee promotions, in Long Game’s sole discretion.
G. Changing your Membership Plan
You may elect to change your membership plan at any time and the applicable subscription fee associated therewith will be reflected on your next billing cycle.
H. Membership Plans
Users who download Long Game will be placed into one of three reward tiers, Teal, Gold, or Diamond based on their in-app behaviors. Each tier has different requirements and grants users different rewards. Requirements for each Reward tier are subject to change and are stated clearly in the app.
Teal – All users that do not meet the funding and spending thresholds for Gold and Diamond, will be Teal users. Users in the Teal Tier will be charged a subscription fee to access Long Game services. Teal users will have access to a limited set of games in the game center and will not have access to coin earning bonuses associated with Gold and Diamond.
Gold – Users will not be charged a subscription fee to access Long Game services. Gold users will have access to a coin earning bonus in their free Daily Game.
Diamond – Users will not be charged a subscription fee to access Long Game services. Diamond users will have access to a coin earning bonus in their free Daily Game.
5. Dispute Resolution; Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
A. Binding Arbitration
Except as specified in Section 5.B, for any past, present or future disputes, claims, suits, actions, causes of action, demands or proceedings between you and us or you and the Bank (or both) arising out of relating to the Services (including the Service Account and Dwolla Account) or these Terms (collectively, “Disputes”), you, we and the Bank agree to (a) waive your and our (or the Bank’s) respective rights to have any and all Disputes resolved in a court, and (b) waive your and our (or the Bank’s) respective rights to a jury trial. Instead, you and we (and the Bank, as applicable) will arbitrate Disputes through binding individual arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court). As more particularly set forth in Section 5.C below, group or class arbitration is not permitted.
Any arbitration will occur in San Francisco, California unless you elect to proceed via telephonic or remote electronic (video) conferencing. Arbitration will be conducted confidentially by a single arbitrator in accordance with the then-current Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website. The parties may elect the Optional Expedited Arbitration Procedures upon mutual agreement. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You may decline this agreement to arbitrate by contacting [email protected] within 30 days of first accepting these Terms and stating that you (include your first and last name, and account number) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Services, but you will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein. Section 5.A also will not apply to any Dispute in which either party (i) seeks temporary injunctive or equitable relief until an arbitrator can be empaneled and has determined whether to continue, terminate or modify such relief, or (ii) to compel arbitration pursuant to this Section 5 or to enforce an arbitral award issued hereunder. Any claim pursuant to clause (i) of the preceding sentence or in the event you timely have opted out of arbitration as specified hereunder must be brought exclusively in the state or federal courts located in San Francisco County, California, and any action pursuant to clause (ii) may be brought in any court of competent jurisdiction.
C. No Class Arbitrations, Class Actions or Representative Actions
You and we agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor we (nor the Bank) may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing, a claim to resolve any Dispute will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR WE (NOR BANK) SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE, IN THE EVENT ALL OR ANY PORTION OF THIS SECTION 5(C) IS FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION 5 MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY’S ELECTION.
D. Federal Arbitration Act
These Terms and the Services affect interstate commerce and the enforceability of this Section 5 will be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
E. Notice; Informal Dispute Resolution
Each party will notify the other party in writing of any arbitrable Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Long Game will be sent by email to Long Game at [email protected]. Notice to you will be by email to the then-current email address listed in your account profile. Your notice must include (a) your name, postal address, email address and telephone number, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and Long Game cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Long Game may, as appropriate and in accordance with this Section 5, commence an arbitration proceeding or, to the extent specifically provided for in Section 5.B, file a claim in court. This provision 5.E may be set aside or limited to the extent required to avoid violating any applicable law without affecting the remainder of Section 5.
F. Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
6. User Conduct, User Content and Intellectual Property Rights
A. Repeat Infringer Policy; Copyright Complaints
We have a policy of limiting access to the Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may notify our designated agent as follows:
Name of Designated Agent: Long Game Copyright Agent
Address: 95 Minna Street, Second Floor, San Francisco, CA 94105
Email: [email protected]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.
The Long Game logo, any other Long Game service names, logos or slogans that may appear on the Services, and the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are trademarks, service marks or trade dress of Long Game and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder’s prior written permission. You may not use any metatags or other “hidden text” utilizing any name, trademark or product or service name of Long Game without our prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any Long Game trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.
C. User Conduct
The Services are provided for the purpose of facilitating savings. You must comply with all applicable laws in connection with your use of the Services, and you are solely responsible for your conduct while using the Services. Further, you will not:
- engage in conduct that is harassing, threatening, intimidating, or stalking, or that we otherwise deem objectionable;
- use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- reverse engineer any aspect of the Services or do anything that might discover the source code of the Services (except to the extent such restriction is prohibited by applicable law);
- violate, infringe or misappropriate any intellectual property right, or other third-party right, or commit a tort;
- reproduce (other than standard website page caching), create derivative works of, publicly perform, publicly display, distribute, sell, rent, lease, timeshare or otherwise commercially exploit the Services, in whole or in part;
- attempt to bypass or circumvent measures employed to prevent or limit access to any content, area or functionality on the Services;
- develop any third-party applications that interact with the Services without our prior written consent;
- use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Services pages or functionality;
- bypass or ignore instructions contained in our robots.txt file that controls automated access to the Services;
- use the Services to make withdrawals and deposits solely or principally for purposes of participating in Promotions or otherwise not for its intended purpose; or
- use the Services to engage in or promote any other activity that violates these Terms.
D. User Content
(a) The Services may include areas that allow users to create, post, upload, share or store content, including, but not limited to, photos, videos, sound, text, graphics, code, items or other information and materials (collectively, “User Content”). User Content may include (but is not limited to) questions, comments, suggestions, ideas, original or creative materials or other information about Long Game or the Services.
(b)You are solely responsible for any of your User Content and for your use of any interactive features and areas of the Services, and you represent and warrant that you own all intellectual property rights (or have obtained all necessary rights) to provide your User Content via the Services and to grant us the license under subsection G, below.
(c) You will not create, post, share or store User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- would constitute, encourage or provide instructions for a criminal offense, violate or infringe the rights of any party (including intellectual property rights or rights of publicity or privacy), otherwise create liability or violate any local, state, national or international law;
- contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- contains personally identifiable information about any person with that person’s consent;
- impersonates, or misrepresents your affiliation with, any person or entity (including Long Game, a Bank or Dwolla);
- references or depicts Long Game, a Bank or Dwolla or our Services but fails to disclose any material connection to us that may exist;
- contains any unsolicited promotions, political campaigning, advertising or solicitations;
- contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or that may expose us or others to any harm or liability of any type.
(d) We do not own, control or endorse any User Content that is transmitted, stored, or processed via the Services. We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
E. Rights in User Content
You grant Long Game a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, create derivative works of, distribute, publicly perform and publicly display all User Content on the Services, our other online services, on third-party sites and online services, and in all other media or formats, whether now known or hereafter developed, for any purpose.
F. Proprietary Rights
The Services, including all text, videos, images, data, software, or other files, content and materials contained on the Services, are the proprietary property of Long Game or its service providers, business counterparties and licensors. Nothing in these Terms will be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Long Game or any third party to you, whether by estoppel, implication or otherwise.
7. INDEMNIFICATION, LIMITATIONS OF LIABILITY, DISCLAIMERS AND RELEASES
(a) To the fullest extent permitted by applicable law, you will indemnify and hold harmless Long Game and each of our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Indemnified Parties”) from and against all claims, damages, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your access to or use of our Services (including you participation in a Promotion); (ii) your User Content; or (iii) your violation of these Terms, including all terms incorporated by reference.
(b) This indemnity obligation includes paying for the Indemnified Parties’ attorneys’ fees and other costs of investigating and defending claims, and the costs of enforcing the indemnity obligation. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Long Game or between you and Dwolla or a Bank.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AS TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND (B) WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
C. Limitation of Liability
(A) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL LONG GAME OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, OR LOSS OF USE OR DATA) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SERVICES OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF LONG GAME AND THE INDEMNIFIED PARTIES (CUMULATIVELY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE ACCESS TO, USE OF OR INABILITY TO USE THE SERVICES, EXCEED THE GREATER OF ANY COMPENSATION YOU PAY TO US FOR USE OF THE SERVICES OR $100 USD.
(B) THE LIMITATIONS SET FORTH IN THIS SUBSECTION (A) WILL NOT LIMIT OR EXCLUDE LIABILITY FOR LONG GAME’S GROSS NEGLIGENCE, FRAUD, OR RECKLESS OR INTENTIONAL MISCONDUCT.
To the fullest extent permitted by applicable law, you release Long Game and the other Indemnified Parties from responsibility, liability, claims, demands and damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between you and any third parties, or arising from or related to the acts or omissions of third parties. You expressly waive any statute or common law principles that would limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. If you are a California resident, you further specifically waive California Civil Code 1542, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.”
8. Termination or Suspension
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate these Terms or suspend your right to access and use the Services. In the event of termination of your right to access and use the Services, you will lose any unused Coins remaining in your Services balance with us and any cash winnings under $1.00. You may terminate these Terms upon notice to us at [email protected]. Upon termination, you must immediately pay all fees payable to Long Game under these Terms. Termination or suspension of your right to the Services will not automatically affect your rights in and to the Dwolla Account (if applicable) and Services Account at the Bank(s). Your rights in and to those accounts will be governed by your respective agreement(s) with Dwolla (if applicable) and the Banks.
9. Other Terms
A. Governing Law
THESE TERMS AND YOUR ACCESS TO AND USE OF THE SERVICES WILL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICT OR CHOICE OF LAW RULES OR PRINCIPLES (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.
B. Modifications to the Services
We reserve the right, in our sole discretion, to modify the Services (or any features or functionality of the Services) at any time without notice and without obligation or liability to you.
C. Third-Party Content
We may display third-party content, advertisements, links, promotions, logos and other materials on or through the Services (collectively, “Third-Party Content”). We do not control, endorse, sponsor or adopt any Third-Party Content or any third parties referenced on the Services, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. Your interactions with Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties, and we are not responsible or liable in any manner for such interactions or Third-Party Content. When you leave the Services and enter a third-party site or service, these Terms no longer apply. You acknowledge and agree that we shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such Third-Party Content or for any content or information presented via the Third-Party Content.
D. Miscellaneous/Other Terms
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. All defined terms and Sections 1 through 9 of these Terms, along with any other provisions which by their nature should survive expiration or termination, will survive the expiration or termination of these Terms. We will not be liable for any delay or failure to perform under these Terms where the delay or failure results from any cause beyond our reasonable control. These Terms constitute the entire agreement between you and Long Game relating to your access to and use of our Services.