SportsPicker Terms of Service
Terms of Service
1.1. Governing Agreement
The terms of this agreement (“Terms of Service”) govern the relationship between you or the entity on whose behalf you are acting (“You” or “Your”) and OHK Labs, LLC, a Florida limited liability company, located at 2200 Butts Road, Suite 200, Boca Raton, FL 33431 (hereinafter “OHK” or “Us” or “We”) regarding Your use of OHK’s social games, any other OHK game, any game experience, and related services, which includes OHK’s websites (the “Service”).
These Terms of Service may not be otherwise amended except in a writing hand signed by You and Us. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
1.4. Grant of a Limited License to Use the Service
Subject to Your agreement and continuing compliance with these Terms of Service and any other relevant OHK policies, OHK grants You a personal, non-exclusive, non-transferable, revocable, limited license subject to the limitations in Sections 1.5-1.9 to access and use the Service using an OHK supported web browser or mobile device solely for Your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. The terms of the license will govern any upgrades provided by OHK that replace and/or supplement the Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Notwithstanding the foregoing, nothing in these Terms of Service grants You any rights to any related documentation, support, upgrades, maintenance or other enhancements to the Service. OHK does not have any obligation to furnish any such services regarding the Service.
1.5. Accessing the Service
Before accessing or using the Service, You may be required to register an account with a valid username on the Service (an “Account”), have a valid account on the social networking service (“SNS”) through which You connect to the Service, or have an account with the applications provider for Your mobile device. If You are between the ages of 13 and 17, You represent that Your legal guardian has reviewed and agreed to these Terms of Service on Your behalf.
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are responsible for any fees, including internet connection or mobile fees, that You incur when accessing the Service.
1.6. Use of the Service
The following restrictions apply to the use of the Service:
- a. You shall not create an Account or access the Service if You are under the age of 13;
- b. You shall monitor Your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. Your are responsible for any use of Your credit card or other payment instrument (e.g. PayPal) by minors;
- c. You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than Yourself;
- d. You shall not create an Account or use the Service if You are a convicted sex offender;
- e. You shall not have an Account or use the Service if You have previously been removed by OHK, or previously been banned from playing any OHK game;
- f. You shall use Your Account only for non-commercial purposes;
- g. You shall not use Your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
- h. You shall not use Your Account to engage in any illegal conduct;
- i. You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer Your Account to anyone without OHK’s written permission; and
- j. You shall not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without OHK’s written permission.
- k. If You access the Service from an SNS, You shall comply with all applicable terms of service/use and/or privacy policies governing such use and access by You.
1.7. Account Information
You understand that on certain OHK websites Your user ID number, name and profile picture may be publicly available and that search engines may index Your name and profile photo.
1.8. Username and Password
During the Account creation process, You will be required to select a valid username and password for access to Your Account (“Login Information”). The following rules govern the security of Your Login Information:
- a. You shall not share Account or Login Information with any third party, nor let anyone else access Your Account or do anything else that might jeopardize the security of Your Account;
- b. In the event You become aware of or reasonably suspect any breach of security, including without limitation, any loss, theft, or unauthorized disclosure of Login Information, You must immediately notify OHK and modify Your Login Information;
- c. You are solely responsible for maintaining the confidentiality of Your Login Information, and You will be responsible for all uses of Your Login Information, whether or not authorized by You; and
- d. You are responsible for anything that happens through Your Account.
OHK reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to, claims by a third party that a username violates the third party’s rights.
1.9. License Limitations
Any use of the Service in violation of these License Limitations is strictly prohibited and can result in the immediate revocation of the limited license granted to You under Section 1.4, and may subject You to liability under any applicable laws. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY OHK GAME IS A VIOLATION OF OHK POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that You will not, under any circumstances:
- a. Engage in any act that OHK deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms of Service, OHK’s game rules, game mechanics or policies;
- b. Make improper use of OHK’s support services, including by submission of false abuse reports to OHK customer support; or
- c. Use the Service in violation of any applicable law or regulation, or do any act that promotes, sponsors, or enables the violation of any applicable law or regulation by You or any third party;
CHEATING AND HACKING – You agree that You will not, under any circumstances:
- d. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service;
- e. Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Service;
- f. Without OHK’s express written consent, modify or cause to be modified any files that are a part of the Service;
- g. Disrupt, overburden, or aid or assist in the disruption or overburdening of: (1) any computer or server used to offer or support the Service (each a “Server”); or (2) the enjoyment of the Service by any other person;
- h. Institute, assist, or become involved in any type of attack, including, without limitation, distribution of a virus, denial of service attacks upon the Service, or any other attempts to disrupt the Service or other person’s use or enjoyment of the Service; or
- i. Attempt to gain unauthorized access to the Service, third party Accounts, or third party computers, Servers, or networks connected to the Service by any means other than the user interface provided by OHK, including, but not limited to, through circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
OFFENSIVE OR INFRINGING CONTENT – You agree that You will not, under any circumstances:
- j. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
- k. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- l. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including OHK employees; or
- m. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other intellectual property right of any person or entity or material or information that impersonates any other person, including, without limitation, an OHK employee;
COMMERCIAL ACTIVITY – You agree that You will not, under any circumstances:
- n. Without OHK’s express written consent, use the Service, or any part thereof, for any commercial purpose, including but not limited to, communicating or facilitating any commercial advertisement or solicitation;
- o. Transmit unauthorized communications through the Service, including, but not limited to, junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items; or
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE – You agree that You will not, under any circumstances:
- r. Use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about OHK game elements or environment. OHK may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- s. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
- t. Make any automated use of the system, or take any action that imposes or may impose (in OHK’s sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- u. Bypass any robot exclusion headers or other measures We take to restrict access to the Service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
- v. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service, or (2) any connection using programs, tools, or software not expressly approved by OHK;
- w. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by OHK; or
- x. Copy, modify or distribute rights or content from any OHK site or game, or OHK’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION – You agree that You will not, under any circumstances:
- y. Solicit or attempt to solicit personal information from other users of the Service;
- z. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
- aa. upload or transmit (or attempt to upload or to transmit), without OHK’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
1.10. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, OHK MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO OHK SERVICES OR PORTIONS THEREOF IF YOU ARE, OR OHK SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, AND POINTS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND OHK IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
OHK reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point Your license to use the Service or a part thereof will be automatically terminated. In such event, OHK shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service.
Termination of Your Account can include disabling Your access to the Service or any part thereof including any content You submitted.
You agree that upon termination of the Service for any reason, You will delete and permanently erase all copies of the Service.
The Service is exclusively owned by OHK under all applicable laws including, but not limited to, copyright, trademark, trade secret, and patent. OHK reserves all rights, including, without limitation, all intellectual property and other proprietary rights, in connection with the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF OHK. OHK RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
1.11.3. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that You upload or transmit through the Service, or that other users upload or transmit.
You hereby grant OHK a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, Your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any User Content. The license You grant Us to use user posted content (except any content You submit in response to OHK promotions and competition or any other content specifically solicited by OHK) ends when You delete Your User Content or You close Your Account unless Your User Content has been shared with others, and they have not deleted it. However, You understand and accept that removed content may persist in back-up copies for a reasonable period of time.
2. USER CONTENT
2.1. Content Screening
OHK assumes no responsibility for any User Content. OHK further does not assume any responsibility for monitoring the Service for inappropriate content or conduct.
We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record Your interaction with the Service or communications when You are using the Service.
By entering into these Terms of Service, You hereby provide Your irrevocable consent to such monitoring and recording. You acknowledge and agree that You have no expectation of privacy concerning the transmission of any User Content.
If at any time OHK chooses, in its sole discretion, to monitor the Service, OHK nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
2.2. Information Use by Other Members of the Service;
Responsible For Your Own Content
You are solely responsible for the information that You post on, through or in connection with the Service and that You provide to others.
Information, materials, products or services provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and OHK assumes no responsibility or liability for this material. If You become aware of misuse of the Service by any person, please contact us at Customer Support at email@example.com.
OHK may reject or refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of OHK violates these Terms of Service.
OHK reserves the right to limit the storage capacity of User Content that You post on, through or in connection with the Service.
2.4. User Interactions
2.4.1 Member Disputes
You are solely responsible for Your interactions with other users of the Service and any other parties with whom You interact through the Service. OHK reserves the right, but has no obligation, to become involved in any way with these disputes.
If You have a dispute with one or more users, You release us (and our officers, directors, affiliates, agents, subsidiaries, joint ventures, employees, representatives, and attorneys) from claims, demands, costs, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
3. THIRD PARTY ADVERTISING
3.1. Third Party Advertisements
You understand that the Service may feature advertisements from OHK or third parties.
3.2. Links to Third Party Sites And Dealings With Advertisers
OHK may provide links on the Service to third party websites or vendors. Any charges or obligations You incur in Your dealings with these third parties are Your responsibility. OHK makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from Our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of OHK and may collect data or solicit personal information from You. OHK is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of OHK of these linked sites.
4. COPYRIGHT NOTICES/COMPLAINTS
It is OHK’s policy to respond to notices of alleged copyright infringement. To provide OHK with notice of alleged copyright infringement, please contact us at firstname.lastname@example.org. OHK reserves the right to terminate without notice any user’s access to the Service if that user is determined by OHK to be a “repeat infringer.” In addition, OHK accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
5. UPDATES TO THE SERVICE
You understand that the Service is an evolving one. OHK may require that You accept updates to the Service and to OHK’s games You have installed on Your computer. You acknowledge and agree that OHK may update the Service and OHK games, with or without notifying You. You may need to update third party software from time to time in order to receive the Service and play OHK’s games.
6. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
6.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WE MAKE NO GUARANTEE THAT THE INFORMATION ON THE SERVICE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION.
WITHOUT LIMITING THE FOREGOING, NEITHER OHK NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “OHK PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OHK OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, AND CORRECTION.
6.2. LIMITATIONS; WAIVERS OF LIABILITY
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OHK SHALL NOT BE LIABLE FOR ANY INDIVIDUAL CONTENT OR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU ACKNOWLEDGE AND AGREE THAT OHK IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF THE SERVICE AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH THE SERVICE ANY CONTENT, INCLUDING INFORMATION THAT IDENTIFIES YOU OR YOUR LOCATION.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE OHK PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OF SERVICE OR IN ANY WAY RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE OHK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE OHK PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE OHK PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, OTHER USERS OF THE SERVICE, OPERATORS OF EXTERNAL SITES, INTERNET SERVICE PROVIDERS, AND WIRELESS SERVICE PROVIDERS AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
UNDER NO CIRCUMSTANCES WILL THE OHK PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID OHK IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID OHK ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH OHK IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
You agree to indemnify, save, and hold OHK, its affiliated companies, subsidiaries, contractors, directors, officers, employees, agents, representatives, attorneys, and its third-party suppliers, licensors, licensees, contractors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Service, any violation by You of these Terms of Service, any breach of the representations, warranties, and covenants made by You herein, Your individual content, or any action taken by OHK as part of its investigation of a suspected violation by You of these Terms of Service. OHK reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify OHK, and You agree to cooperate with OHK’s defense of these claims. OHK will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of Your Account(s) or of the Service.
6.4 Disclaimer of Lottery
The Service does not constitute illegal gambling or an illegal lottery in the United States. You acknowledge and agree that any points You earn through the Service shall not be redeemable for anything of value. You are responsible for complying with the laws of the jurisdiction in which You reside.
7. DISPUTE RESOLUTION
Law and Forum for Legal Disputes
These Terms of Service and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute You may have against OHK must be resolved exclusively by a state or federal court located in Florida, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Florida for the purpose of litigating all such claims or disputes.
9. GENERAL PROVISIONS
9.2. Supplemental Policies
OHK may publish additional policies related to specific services. Your right to use such services is subject to those specific policies and these Terms of Service.
9.3. Entire Agreement
9.4. No Waiver
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by OHK shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of OHK.
Any notices that You provide without compliance with this Section on Notices shall have no legal effect.
9.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to OHK are of a unique and irreplaceable nature, the loss of which shall irreparably harm OHK and which cannot be replaced by monetary damages alone so that OHK shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by You.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit Your claims to claims for monetary damages, limited by Section 6 (if any).
9.7. Force Majeure
OHK shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of OHK, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond OHK’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
- OHK respects Your privacy and is committed to protecting information You may provide or that OHK collects in connection with Your use of the Service.
Personal Information. The term “Personal Information” includes all of the personally-identifying information You may provide to OHK through use of the Service, including but not limited to, Your name, address, phone number or e-mail address. Personal Information also includes log-in and registration information. OHK may also collect Personal Information that You voluntarily provide when giving feedback or questions.
Personal information provided to OHK may be used for reasonable business purposes. For example, OHK may use this information to contact You and provide You with information that may be of interest to You. This information may also be used for compiling data and analyses to understand and serve Our users’ needs.
Personal information will not be sold, rented or exchanged to third parties outside of OHK and related entities unless You are first notified and expressly consent to such a transfer.
Information Collected Automatically From the Service. The Service may also collect information that is considered “Technical Data,” namely, technical information and related data about Your usage of the Service including, but not limited to, the frequency of use or pages visited within the Service.
Accuracy. OHK will take every effort to maintain the accuracy and confidentiality of any personal information supplied through the Service. If You wish to make additions or changes to any personal information supplied to OHK, please contact Us directly.
Consent to Transfer/Disclosure. By using the Service, You hereby unambiguously consent to the collection and processing of Personal Information or Technical Data by OHK. You further agree and give OHK the right to disclose Your Personal Information and Technical Data to law enforcement authorities, government officials, and/or a third party, as OHK believes is reasonably necessary or appropriate to enforce and/or verify Your compliance with any part of the Terms of Service (including, but not limited to, OHK’s right to cooperate with any legal process in relation to Your use of the Service and/or a third party claim that Your use is unlawful and/or infringes such third party’s rights).
Use of Personal Information and Technical Data. OHK only collects, uses, and processes Personal Information and Technical Data for the purposes of facilitating Your use of the Service and the purposes outlined in the Terms of Service. This may include the following: to perform tasks You request the Service to perform, to personalize Your experience, to keep You up to date on the latest announcements regarding the Service or upgrades or updates, and to better understand Your needs and provide You with better services. OHK may also use Your Personal Information and Technical Data to respond to Your inquiries regarding the performance of the Service or any feedback You may provide.
- You may “opt out” of receiving any further communications from Us.
- OHK may also utilize Your Technical Data to better understand and evaluate the use of the Service. This Technical Data may be shared with third parties, including current or prospective partners or advertisers, or a third party retained by OHK solely to provide Us with reports and analytics of the usage of the Service.
- In the event of a merger, consolidation or reorganization involving the acquisition of OHK by another company, a sale of all or a portion of OHK’s assets, or other similar transaction, Your Personal Information will, in most instances, be transferred to the control of the third party that is part of that transaction.
Children. OHK does not intentionally collect or retain personal information from children who are younger than 13 years of age. Users of the Service are cautioned, however, that the collection of Personal Information submitted to the Service will be treated as though it was submitted by an adult, and may, unless exempted from access by Federal or State law, be subject to public access. If You believe Your child may have submitted information to Us without indicating the child’s actual age and would like such information removed, please contact Us and We will delete it immediately.
Data Security. We are committed to protecting Your Personal Information to the extent it is in our possession and do so with certain physical and technological procedures. However, We cannot ensure the security of Your Personal Information after its transmission or the security of Your Personal Information on Your computer or mobile device. We urge You to take every precaution to protect Your data.