1. Acceptance of Terms
Bantasy may issue additional terms, rules and conditions of participation in particular contests. You agree to be subject to them if you participate in such contests.
Bantasy reserves the right, at its sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be posted on the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Services prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis, as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Service after the effective date of modifications to the Terms indicates your acceptance of the modifications.
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.
You must be at least 18 years of age to open an account or participate in contests. In jurisdictions, territories, and locations where the minimum age for permissible use of the Services is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory.
You may establish only one account per person to participate in the Service. In the event Bantasy discovers that you have opened more than one account per person, in addition to any other rights that Bantasy may have, Bantasy reserves the right to suspend or terminate any or all of your accounts. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.
Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any Bantasy contests in the sport or sports with which they are associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.
4. Conditions of Participation
In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Bantasy has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Bantasy may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
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 Bantasy in its sole discretion deems offensive. Bantasy may require you to change your Username or may unilaterally change your Username.
You acknowledge and agree that Bantasy is authorized to act on instructions received through the use of your Username and Password, and that Bantasy 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.
Social Media Integration
In order to use some Service features, you must sign in with your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your Facebook profile and information about your Facebook friends. You acknowledge that the use of these features are highly dependent on the availability of the Facebook platform. If at any time any Facebook ceases to make its platform available to Bantasy on reasonable terms, Bantasy may cease to provide such features to you without entitling you to refund, credit, or other compensation.
Communications and Information Practices
As a result of your registration for the Service, you may receive certain commercial communications from Bantasy. 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 updating your notification settings within the preferences section of the Service or sending an email to info@Bantasy.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Disqualification and Cancellation
Bantasy also reserves the right to cancel contests, in our sole discretion, without restriction. Bantasy, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award Bantasy Chips (as such term is defined below) or points, or suspend or terminate your account if you engage in conduct Bantasy deems, in its sole discretion, to be improper, unfair or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service; violating any of these rules; accumulating Bantasy Chips or points through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other users’ information and spamming other users; and abusing the Service in any way; or otherwise violating these Terms. Further, the Service MAY NOT BE USED FOR ANY FORM OF GAMBLING.
If for any reason the Service is not running as originally planned (e.g., if the Service 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 Bantasy corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Bantasy reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.
The failure of Bantasy 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 Bantasy (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
Bantasy is not affiliated with or sponsored by the National Football League, the Fédération Internationale de Football Association, American Soccer League, the National Hockey League or Major League Baseball.
The Service allows you to either earn or purchase an in-game currency (“Bantasy Chips”). Purchased Bantasy Chips are subject to the payment terms and conditions of the mobile platform (e.g., Apple’s iOS, Google’s Android OS, and Amazon’s Fire OS) from which you make your purchase. Bantasy does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any purchases in the Service.
You agree that you have no ownership interest in your Bantasy account or any Bantasy Chips associated with your account, regardless of whether you “earned” or “purchased” such Bantasy Chips. You agree that Bantasy Chips are for personal non-commercial entertainment purposes, have no independent value outside of the Service, and may not be redeemed for any cash value.
You specifically agree not to: (1) sell, offer to sell, rent, lease, trade or otherwise transfer any Bantasy Chips, except by using mechanisms within the Service that anticipate and specifically allow for the non-commercial transfer of Bantasy Chips, (2) buy, offer to buy, accept, access or use any other user’s Bantasy Chips, or (3) link to or otherwise endorse or identify any websites, organizations, or persons that sell, offer to sell, rent, lease, buy, offer to buy, accept, access, trade or otherwise transfer Bantasy Chips. You acknowledge that any purported transfers of Bantasy Chips in violation of this paragraph, including but not limited to transfers in exchange for money or other compensation, are void and breach these Terms, and that we have no responsibility to assist you in connection with completing any such transaction. We may terminate or suspend your account and/or your right to access or use the Service if we discover or reasonably believe that you have violated the provisions of this paragraph.
ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED BANTASY CHIPS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY. IN THE EVENT THAT YOU DO NOT RECEIVE BANTASY CHIPS THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.
5. Game Rules
Game of Skill
Bantasy is a game of skill. Winners are determined by the criteria stated in each contest’s rules. For each contest, winners are determined by the individuals who use their skill and knowledge of relevant professional sports information and fantasy sports rules to accumulate the most fantasy points. Fantasy points are accumulated through the performance of individual athletes across multiple sports events. All entries in Bantasy must be made up of players drawn from a minimum of two sporting events.
Each Bantasy contest has an entry fee listed in Bantasy Chips. When you opt to participate in a contest, that amount in Bantasy Chips will be debited from your Bantasy account.
Contest Term and Rules
Bantasy offers a number of different types of contests for multiple professional sports events generally taking place on a single day, weekend, or full season. For each contest, the entry fee, rules, and scoring system are announced in advance on the contest page. By entering a contest, you agree to the rules and scoring system of that contest.
Conclusion of a Contest
After each contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players in each contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win Bantasy Chips as set out in the contest details. In the event of a tie, the Bantasy Chips are divided evenly between the tied players, unless otherwise specified.
Bantasy Chip calculations are based on the results as of the time when final scoring is tabulated by Bantasy. Once winners are initially announced by Bantasy, the scoring results will not be changed in light of official adjustments made by the professional leagues, 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. Bantasy has no obligation to delay the awarding of Bantasy Chips in anticipation of any adjustment, and we reserve the right to reverse the award of Bantasy Chips in the event of any adjustment. In all disputes arising out of the determination of the winner of Bantasy contests, Bantasy Inc. is the sole judge and its actions are final and binding.
As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Bantasy. By way of example, and not as a limitation, you agree not to:
- abuse, harass, impersonate, intimidate or threaten other Bantasy users;
- post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
- use the Service 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 Bantasy user;
- create or submit unwanted email (“spam”) to any other Bantasy users;
- infringe upon the intellectual property rights of Bantasy, 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;
- use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
- use artificial means, including creating multiple user accounts, to inflate your position and standing with the Bantasy leader boards and community;
- advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- sell or otherwise transfer your profile; or
- attempt to influence the play in any sports event that is the subject of a competition on Bantasy in which you are involved or in which you have a direct or indirect interest.
Violation of our rules may result in the removal of your Content from the Service and/or the canceling of your account. You acknowledge and agree that Bantasy may remove any User Content and terminate any Bantasy 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).
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Bantasy, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Bantasy be liable in any way for any User Content.
You acknowledge that Bantasy may or may not pre-screen User Content, but that Bantasy and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Bantasy and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Bantasy’s sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant Bantasy an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. Bantasy reserves the right, but has no obligation, to monitor disputes between you and other users.
Third Party Content
The Service may include content, information, and/or data from, or links to, other apps, web apps, websites, or services, including but not limited to Facebook (“Third Party Content”). We do not control, assume responsibility for or endorse any Third Party Content. You agree that we are not responsible for the availability or contents of such Third Party Content. Your use of Third Party Content is at your own risk and you agree that Bantasy will have no liability arising from your use of or access to any Third Party Content. When you access the Third Party Content, you will do so at your own risk. Any use of Third Party Content is governed solely by the terms and conditions of such Third Party Content provider (and you shall comply with all such terms and conditions), and any contract entered into, or any transaction completed via any Third Party Content provider, is between you and the relevant third party, and not Bantasy. Bantasy makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third Party Content or any transactions completed and any contract entered into by you with any such third party.
You agree to release and to indemnify, defend and hold harmless Bantasy and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Bantasy 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 Bantasy in the defense of such matter.
8. Warranty Disclaimers
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Bantasy 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 Bantasy from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Bantasy makes no representations concerning any Content contained in or accessed through the Service, and Bantasy will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
9. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE 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 SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BANTASY 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 BANTASY 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 SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BANTASY’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 BANTASY FOR GENERAL USE OF THE SITE OR SERVICE WITHIN THE PRIOR THREE (3) MONTHS, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU AGREE THAT DISPUTES BETWEEN YOU AND BANTASY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “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 KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10. Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Service are owned by Bantasy or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Bantasy, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
The Service provides, or third parties may provide, links to other websites or resources. Because Bantasy has no control over such sites and resources, you acknowledge and agree that Bantasy is not responsible for the availability of such external sites 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 Bantasy 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 website or resource.
12. Termination and Suspension
Bantasy may terminate or suspend all or part of the Service and your Bantasy account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease.
If 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 Bantasy regarding restoration of your account only via firstname.lastname@example.org.
Sections 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 18 of the Terms shall survive any termination of these Terms.
13. 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.
14. Notice and Procedure for Making Claims of Copyright Infringement
Bantasy does not condone nor authorize activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Service;
- Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- 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 owner or authorized to act on the copyright owner’s behalf.
Bantasy reserves the right to terminate your account or any user account that it determines to be “repeat infringers.” A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had Content repeatedly removed from the Service.
15. Dispute Resolution and Arbitration
For any dispute you have with Bantasy, you agree to first contact us and attempt to resolve the dispute with us informally. You agree that, if Bantasy has not been able to resolve the dispute with you informally, to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BANTASY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16. Governing Law and Jurisdiction
The laws of the State of New York will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Bantasy (a “Claim”), without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within New York, New York.
17. Application License
Subject to your compliance with these Terms, Bantasy grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a single device that you exclusively control and to run such copy of the app solely for your own personal use. Bantasy reserves all rights in and to the app not expressly granted to you under these Terms.
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, Google Play store, or Amazon Appstore, 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 Bantasy app may in some cases expose you to increased security risks or Service malfunctions.
18. General Information
These Terms (and any additional terms, rules and conditions of participation in particular contests that Bantasy may post on the Service) constitute the entire agreement between you and Bantasy with respect to the Service and supersedes any prior agreements, oral or written, between you and Bantasy. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.
Waiver and Severability of Terms
The failure of Bantasy 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above.