Cliffnotes

We know Terms of Service docs can be long and confusing , so we made these notes for some of the most important takeaways. (Consider this a cheat sheet, but NOT a replacement.)

• Your Acceptance

  By creating an account, you agree to accept our ToS. So far so good?

• Description of Site and Platform (This one is important!)

  Users are NOT making promises, understandings or agreements. Users are NOT gambling! Users can give gifts anytime they want, and only if they want to.

• Parlay Inc’s Role

  We are just providing a platform. That’s it!

• Giving Gifts

  You agree your gifts are % voluntary. You never agree to give a to a friend and you never expect them to give you one.

• Parlays

  Parlays are NOT contracts.

• Your Location Information

  We use your GPS location to ensure you are in a place Parlay operates. You agree it’s accurate.

• Use of Parlay Inc

  You will not be rude to other users or to our engineers. You won’t misrepresent yourself, spam, hack, gamble, money launder, or do illegal stuff. Just be nice and respectful , or we will kick you off.

• Your Content

  You own the content you create and you agree we can use and reuse it publicly and privately.

• Platform Disclaimer

  We do not guarantee anything about your parlays: not the date, terms, information, outcome, existence, or correctness.

• Parlay Inc Payment Services

  The only type of payment service we provide is gift transmission. We use third parties to send payments for us. There may be fees or delays associated with the method of payment you choose.

• Age Compliance

  Must be ≥ 13. Can't make monetary parlays < 18.

PARLAY TERMS OF SERVICE

1. Your Acceptance

   Welcome to the Terms of Service for the Parlay application and the parlaywith.me website. This is an agreement (“Agreement”) between Parlay Technology Inc. (“Parlay Inc"), the owner and operator of parlaywith.me (“Site”), any Parlay Inc products or services including but not limited to our mobile application ( collectively the “Platform”) and you (“you”, “your” or “user(s)”), a user of the Site and Platform.

   Throughout this Agreement, the words “Parlay Inc,” “us,” “we,” and “our,” refer to our company, Parlay Technology Inc. and our Site or Platform, as is appropriate in the context of the use of the words.

   By tapping or clicking “I have read, understand, and agree to all Terms and Conditions”, registering for our Site, or using our Site or Platform, you agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or Privacy Policy and may notify you when we do so. PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

   If you do not agree to the Terms of Service or the Privacy Policy please cease using our Site and Platform immediately. Users of our Platform must be 13 years of age or older.

   You acknowledge and agree that this Agreement is between you and Parlay Inc, not with any third party (including, but not limited to, Apple®, Google®, any mobile carrier, or any Participating Merchant (as defined below)), and that Parlay Inc is solely responsible for the Platform. Your use of the Platform may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service. Participating Merchants as defined below, third party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as "Covered Third Parties." You agree to comply with all applicable third party terms of agreement when using the Platform. Parlay Inc is not a party to those agreements and has no responsibility for the products and services provided by third parties.

2. Description of Site and Platform

   The Platform allows users to create parlays (“Parlays”) with friends. All Parlays created via the Platform are non-binding in nature and are NOT to be confused with wagering, gambling, or betting. The Parlays merely allow users to compete with friends and track each other’s Parlay success and failure. Before, during or after a Parlay users may, at their option, transfer other users Gifts (defined below) at their discretion. Parlays are not agreements, understandings or contracts and do not bind any users to the outcome of the Parlay. Parlays are not guaranteed and may be cancelled at any time by any users. Parlays do not obligate any users to send Gifts to other users.

3. Parlay Inc’s Role

   Parlay Inc merely provides the Platform for users to interact and create Parlays. Parlay Inc does not endorse or recommend any users and does not take or handle any Parlays. Parlay Inc does not guarantee the correctness of a Parlay and does not judge the outcome of any Parlays. Parlays are solely between users and Parlay Inc is not a party to any Parlays and cannot mediate any disputes between users. The Platform is not an online gambling website or app and does not take bets, pay out bets, issue odds or side bets of any sort. YOU AGREE THAT WE ARE NOT LIABLE FOR AND CANNOT ACCEPT ANY LIABILITY IN CONJUNCTION WITH YOUR USE OF PARLAY INC OR ANY DISPUTE YOU MAY HAVE WITH ANOTHER USER.

4. Third Party Operating System Providers, Phone Manufacturers, and Wireless Carriers

   The Platform works on an application linked to a particular device and operating system, such as Apple's iOS operating system. Parlay Inc is solely responsible for providing maintenance and support services for the Service. Covered Third Parties have no obligation to provide maintenance or support services for the Services.

   Covered Third Parties have no warranty obligations whatsoever with respect to the Platform and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Platform to conform to any warranty provided by Parlay Inc, if any, will be Parlay Inc's sole responsibility.

   Parlay Inc, not any Covered Third Parties, is responsible for addressing any claims relating to the Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims. Please see the Contact Us section below for how to contact Parlay Inc.

   If you are using the Platform on an Apple device, you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems which participate in the Platform.

5. Giving Gifts

   Through the Platform, users may be able to send gifts (“Gifts”) during, before, or after the completion of any Parlay. Users have the discretion to give Gifts to other users at any time. Users are not contractually obligated to give any Gifts after the completion of a Parlay. You agree that Gifts made via the Platform are 100% discretionary and are donative in nature. As Gifts are discretionary, you agree that no users are contractually bound to send you a Gift during your use of the Platform. Parlay Inc may also offer services that assist users in transferring Gifts to one another. Such Gifts may be made to other users or to charities of the user’s choice. As Parlays are non-binding, these Gifts are not connected to or related to any Parlays made or listed by users. Failure to give a gift after a Parlay does not disqualify a user from using the Platform. Users are never required to give Gifts via the Platform or otherwise.

6. Parlays

   You agree that all Parlays are non-binding in nature and do not constitute a contract between users. When a Parlay is made by a user no consideration is exchanged between the users. Any Gifts listed in any Parlays are merely indications that participating users may wish to give you a non-contractual Gift at the end of the Parlay. You agree that you shall not knowingly or negligently enter into contracts with other users through the Platform. You agree that no implied contracts are created during your use of the Platform. You agree that you will not modify a Parlay to create a binding contract during your use of the Platform. You agree to waive any claims or defenses of promissory estoppel, substantial performance, or reliance related to any dispute proceedings regarding any Parlays with other users. You agree to not create or participate in Parlays about sports or commodities.

7. Your Location Information

   In order to ensure that our Platform is legally operating within the confines of local laws, our Platform may use your mobile device’s GPS and location information. Users in some states or geographic locations may be prohibited from accessing the Platform or may be prohibited from using certain functionality. By using the Platform you agree to provide us with accurate location information. Please be aware that your location information may be shared with your friends and other users of the Platform.

8. Signing Up for the Parlay Inc Service

   Users may be required to register before accessing the Site or Platform. Your information will be collected and disclosed in accordance with our Privacy Policy. Users are required to provide truthful and accurate information when registering for our Site and Platform. Users may only register for one account and may not register for others.

9. Modification of Platform

   We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.

10. Use of Parlay Inc

    When using our Platform, you are responsible for your use of Parlay Inc, and for any use of Parlay Inc made using your account. You agree not to access, copy, or otherwise use Parlay Inc, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Parlay Inc. You agree to abide by the following:
    • · You will not copy, distribute or disclose any part of the Site or the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
    • · You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Platform;
    • · You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
    • · You will not use automated bots or other software to send more messages through our Platform than humanly possible;
    • · You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
    • · You will not collect or harvest any personally identifiable information, including account names, from the Platform;
    • · You agree not to libel, defame, stalk, harass, bully or harm another individual who uses our Site or Platform;
    • · You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
    • · You agree that you will not hold Parlay Inc responsible for your use of our Site;
    • · You agree not to violate any requirements, procedures, policies or regulations of networks connected to Parlay Inc;
    • · You agree not to interfere with or disrupt the Site or Platform;
    • · You agree not to hack, spam or phish us or other users;
    • · You agree to provide truthful and accurate content;
    • · You agree to not violate any law or regulation and you solely are responsible for such violations;
    • · You will not use our Site or Platform to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
    • · You agree not to attempt to mask or hide your location or GPS information;
    • · You agree not to use our Platform for online gambling, money laundering, illegal money transfer, or other unlawful activity;
    • · You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; or
    • · You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.
    If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Parlay Inc reserves the right to suspend or terminate any account at any time without notice or explanation.

11. Our License Grant to You

    After registering for our Site or mobile application, we grant you a personal, non-exclusive, revocable, non-commercial, limited license to use our Platform and access our Site. As a user, you do not receive any ownership interest in any portion of our Site or the Platform; you merely receive the aforementioned license listed above. All rights not explicitly granted are reserved for Parlay Inc. If you wish to terminate this license please notify us immediately or simply delete the application from your phone or mobile device.

    Please be aware that you are responsible for your use of our Platform. Additionally, you agree to abide by the following licensing restrictions listed below:

    • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it.
    • You may not share your license with any other parties.
    • You may not violate or infringe other people's intellectual property, privacy, or other rights while using our Site or Platform.
    • You may not violate any laws, rules or procedures of the United States including any and all online gambling laws.
    • You may not attempt to transmit any malicious or unsolicited code through our Site or Platform.
    • You may not violate any of our additional policies.
    • You may not use our Site or Platform except through specific channels provided by us.
    • You may not use the Site or Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
    • You may not attempt to interfere with or disrupt our Platform in any way.
    • You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Site

    Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Platform at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm us or any of our users. Failure by us to revoke your license does not act as a waiver of your conduct.

12. Your Content

    Your ability to submit or transmit any information through the Site and Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Site or Platform will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified or removed at our discretion.

    When submitting any User Content to our Site and Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.

    When you submit any Content to us, you grant Parlay Inc, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Platform.

13. Data Rates

    You will be able to access your Platform through your mobile device or cell phone. Please be aware that data and messaging rates may apply depending on your carrier and phone Platform. Please be sure to check your data plan to understand any relevant costs incurred by your use of our Platform. We cannot be responsible for any fees charged by your data or cell phone carrier.

14. Site and Platform Availability

    Although we will try to provide continuous Site and Platform availability to you, we do not guarantee that the Site or the Platform will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Site or Platform may do so. We reserve the right to terminate access for anyone. We cannot guarantee that anything found on our Site or Platform will work as stated, or that it will give you the desired results.

15. Platform Disclaimer

    Please be aware that our Platform and any information found within it are offered “as-is.” Parlay Inc is not an online gambling Site or Platform. We cannot guarantee any Parlays or any information found on the Parlay Inc Site or Platform. Parlay Inc does not endorse and may not verify any of its users or any User Content submitted by users found through the Parlay Inc Site or Platform. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Platform or Site will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Site and Platform. By using the Site or Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Parlay Inc with respect to such actions or omissions.

16. Intellectual Property

    The design of the Parlay Inc Platform along with Parlay Inc created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, Platform marks and logos contained therein ("Marks"), are owned by or licensed to Parlay Inc, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Parlay Inc reserves all rights not expressly granted in and to the Platform and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Platform unless we have given express written permission.

17. Parlay Inc Payment Services

    You may send Gifts via the Platform by using our payment services. Parlay Inc is merely a payment service provider and is not a licensed money lender transmitter. Parlay Inc uses third parties to send payments for us. We do not verify the identity of any users you wish to send a Gift to and you release us from any liability related to the Gift or the subject matter of the Gift. The Platform may only be used to send payments for Gifts and may not be used to send payment for any other reasons. In order to sign up for any payment services, users will be required to provide us with their financial information. You agree that we may use the financial information supplied to verify your identity and authenticate your account information with any financial institutions or funding sources you wish to connect with your Parlay Inc account. You may only use funding sources where you have the right to use such funds or where such funds are owned by you. We are not required to offer the payment services to you and may revoke or discontinue the payment service at any time.

    • Limits

      Parlay Inc may limit the amount of money you are sending or receiving via the Platform at any time and at our sole discretion. Additionally, we may limit the amount of money withdrawn from a payment source and transmitted to your Parlay Inc account. All limits are at the sole discretion of Parlay Inc.

    • Suspension

      We may suspend your Parlay Inc account at any time and for any reason. Upon suspension of your account you will be unable to access any funds listed in your Parlay Inc account. You agree that in the event of account suspension, you will contact us immediately to resolve any issues related to your account suspension.

    • Balances

      If your balance on your Parlay Inc account is negative, you agree that we may debit any new funds entering your account to offset any negative balance. Please be aware that Parlay Inc is not a bank or government backed financial institution thus any funds held by us in connection with the processing of transactions are not deposit obligations and are not insured for the benefit of the user by the Federal Deposit Insurance Corporation or any other governmental agency. Funds held in balance are an ancillary function of enabling money transmission and not for other benefit. To secure your performance of this Agreement, you hereby grant to us a lien on and security interest to your account and agree to execute any further documentation to perfect our rights.

    • Transmission Delays and Transaction Fees

      You agree that there may be transmission delays for any payments sent via our Platform and release us from any liability related with such delays. Parlay Inc may recover a transaction fee for any transactions made via your Parlay Inc account.

    • Chargebacks/Refused Transactions

      When sending Gifts via our Platform, the recipient is not required to accept the Gift. Thus, you agree to release us from any liability related to the recipient’s decision to refuse such Gift. Additionally, you may owe additional transaction fees related to the refused transaction. In the event that a Gift is charged back, you agree that you are responsible for all fees and costs related to the chargeback transaction. You agree that we may recover any fees and debit them from your Parlay Inc account for any fees or penalties charged.

    • Bitcoin Payments

      You may wish us to send bitcoins from your Parlay Inc account; if so, you agree to provide us with your bitcoin wallet address to transfer any bitcoins from your Parlay Inc account. Your bitcoins may remain in your Parlay Inc account as bitcoins or may be converted into USD. If you wish to convert your bitcoins into USD via Parlay Inc, the money will be converted by our third party Bitcoin Wallet Provider. The conversion rate for such transaction will be made by our third party Bitcoin Wallet Provider. You must agree with and read through the terms of service for our third party Bitcoin Wallet provider before using any Bitcoin services related to the Platform.

    • Taxes

      You agree that you are solely responsible for paying any taxes, levies, or fees associated with using our Site and Platform. We are not required to and cannot give you tax advice.

18. Discounts

    Parlay Inc may, but is not obligated to, provide discounts (including coupons or credits) to users in the form of coupon codes or other credits. Such discounts or credits shall be limited to a one-time use. Discounts are subject to any additional terms attached, including expiration dates. Parlay Inc may refuse to honor the above discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.

19. Representations and Warranties

    THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PARLAY TECHNOLOGY INC., NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY USER CONTENT; (C) OUR CONTENT AND CONTENT FOUND ON OUR PLATFORM; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PARLAY INC OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

    PARLAY INC DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. PARLAY INC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. PARLAY INC DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PARLAY INC SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. PARLAY INC DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH PARLAY INC.

20. Limitation of Liability

    IN NO EVENT SHALL PARLAY INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE WEBSITE OR OUR PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR PLATFORM, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND PLATFORM, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE OR PLATFORM FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

    IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. PARLAY INC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR PLATFORM IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. IF A TOTAL DISCLAIMER IS NOT PERMITTED IN YOUR JURISDICTION, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 USD.

21. Indemnity

    You agree to defend, indemnify and hold harmless Parlay Inc, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
    • · your use of and access to the Parlay Inc Site and Platform;
    • · your violation of any term of these Terms of Platform;
    • · your violation of any third party right, including without limitation any copyright, property, or privacy right; or
    • · any claim that you have improperly used a third parties’ information.
    This defense and indemnification obligation will survive this Agreement and your use of the Parlay Inc Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

22. Copyrights

    We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
    • · Your name.
    • · The name of the party whose copyright has been infringed, if different from your name.
    • · The name and description of the work that is being infringed.
    • · The location on our website of the infringing copy.
    • · A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
    • · A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
    You must sign this notification and send it to our Copyright Agent: Copyright Agent of Parlay Inc, hi@parlaywith.me.

23. Age Compliance

    Parlay Inc and its Platform may only be used by persons 13 years and older. You agree that the date of birth you provided Parlay is your true date of birth. You agree that while you are under the age of 18, you will not make monetary parlays. If you are under 13 please stop using our Site and Platform and please do not submit any information to us.

24. Choice of Law

    This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.

25. Forum Selection

    Any dispute relating in any way to your visit to the Site or our Platform shall be submitted to confidential arbitration in San Francisco, CA, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or nearest to San Francisco, CA.

26. Force Majeure

    You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

27. Severability

    In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Parlay Inc are deemed to conflict with each other’s operation, Parlay Inc shall have the sole right to elect which provision remains in force.

28. Non-Waiver

    We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

29. Termination of Your Access

    If we determine that any of your actions may harm Parlay Inc, we may terminate or suspend your account, or our Platform without notice, though we will strive to provide a timely explanation in most cases. Please be aware that if we terminate Platform, you must cease using our Site or Platform. If you wish to terminate your use of our Site or Platform, simply uninstall the mobile application or discontinue use of the Site. In the event that you terminate your account your remaining funds will be returned to you unless there is a current investigation or suspension of your account. In the event of an investigation or suspension of your account, eligible funds will be returned after a full investigation is completed by Parlay Inc. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Platform and may terminate our Site and Platform at any time and for any reason.

30. Assignment

    You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

31. Amendments

    We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Platform.

32. Electronic Communications

    The communications between you and Parlay Inc use electronic means, whether you visit the Site or Platform or send Parlay Inc e-mails, or whether Parlay Inc posts notices on the Site or Platform or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Parlay Inc in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Parlay Inc provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

33. Export Controls

    The Platform and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

34. California Users and Residents

    Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Parlay Inc must be sent to our agent for notice to: hi@parlaywith.me Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.