IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 22
ACCEPTANCE OF TERMS OF SERVICE
BY USING THE WEBSITE, THE SERVICES, OR THE CONTENT, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE AGREEMENT AS THEY APPLY TO YOU AND YOUR USAGE AND ACCESS.
Duelo may issue additional terms, rules and conditions of participation in particular contests. For example, Duelo may issue conditions as required by various state rules and regulations, which may impact your experience or participation on the Service. You agree to be subject to those additional rules if you participate in such contests.
MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
Duelo reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Service as modified.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
By depositing money or entering a contest, you are representing and warranting that:
you are of 18 years of age or older (19 years of age or older in Alabama)
you are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada;
at the time of deposit or game entry you are physically located in the United States of America or Canada in a jurisdiction in which participation in the contest is not prohibited by applicable law;
you are not listed on any U.S. Government list of prohibited or restricted parties;
you will abide at all times by these Terms of Service and any other agreements between you and Duelo regarding your use of the Service or participation in games;
when depositing funds or entering a paid contest, you are not physically located in of any of the following states: Arizona, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada, Washington, Texas, Virginia, Vermont, Tennessee, Pennsylvania, Ohio, New Jersey, New York, New Hampshire, Missouri, Mississippi, Maryland, Massachusetts, Maine, Indiana, Delaware, Colorado, or Arkansas. Duelo does not permit any paid contests from users in any of these States.
you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
When entering any contest that awards prizes, you are not an employee or operator of another daily fantasy site that charges entrance fees or offers cash prizes
You do not, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about contest-related information.
If Duelo determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. Duelo makes no representation that participation in paid entry fantasy sports contests is lawful under Texas state law. Duelo may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 4 below). If Duelo otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Duelo may have in law or equity, Duelo reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, Duelo may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by Duelo in its sole discretion. Duelo also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.
Duelo employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes except when playing in a private league. Relatives of Duelo employees with whom they share a household are not eligible to participate in paid contests unless they are private contests with other Duelo employees or household members. Duelo consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with Duelo does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
Employees or operators of other daily fantasy sites that charge entry fees or offer cash prizes, including but not limited to DraftKings, FanDuel, Yahoo, ESPN, CBS Sports, and individuals who, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about game-related information may not enter any contests in which a real money prize is awarded. If such person enters a Duelo contest that awards prizes, Duelo will disqualify the entry, will not award a prize, and may report such person’s violation of this provision to the daily fantasy site for which the entrant is employed by, operates or affiliated with. Additionally, Duelo may maintain information about the entrant sufficient to assist Duelo in blocking the user from entering future Duelo contests, unless and until Duelo determines, in its sole discretion, that the entrant is no longer an employee or operator of another daily fantasy site or no longer has access to pre-release non-public confidential data about game-related information by virtue of affiliation with a daily fantasy site.
Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any Duelo contests in the sport or sports with which they’re 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.
Duelo offers proactive tools and support meant to encourage healthy player behavior and deliver positive player experiences. We also allow qualified third parties, who have concerns about a player’s ability to manage his or her play, to request a limitation on that player’s use of Duelo. You can learn more about our responsible play policies and tools at https://playduelo.com/responsible. Duelo is not affiliated with or sponsored by the National Football League, the National Hockey League or Major League Baseball.
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 Duelo has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Duelo may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event Duelo determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Duelo may have, Duelo reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
You agree that the sole and specific purpose of creating an account on Duelo is to participate in fantasy sports contests on the Service. Duelo shall be entitled to suspend, limit or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in contests on the Service. In such circumstances, we may also report such activity to relevant authorities.
4.2 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 Duelo in its sole discretion deems offensive. Many portions of the Service require registration for access (the “Restricted Areas”). You are responsible for maintaining the confidentiality of Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Duelo of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. Duelo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Duelo is authorized to act on instructions received through the use of your Username and Password, and that Duelo 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. Duelo may require you to change your Username or may unilaterally change your Username.
4.3 Consent to Communications
As a result of your registration for Duelo or email submission on our website, chat or social media pages, you may receive electronic communications from Duelo, including but not limited to email and text/sms. Standard text message rates and cellular data charges apply.You understand and agree that these communications are part of your registration or submission, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to firstname.lastname@example.org. You may also reply “STOP” to any SMS/Text messages that you receive. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
4.4 Disqualification and Cancelation
Duelo also reserves the right to cancel contests, in our sole discretion, without any restrictions. Duelo, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award fantasy points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Duelo deems, in its sole discretion, to be improper, unfair, fraudulent 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, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms of Service. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Duelo from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Duelo corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Duelo 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 Duelo 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 Duelo (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
4.5 Deposits and Withdrawals
By depositing funds or entering paid contests, you agree to provide us with a valid mailing address, date of birth and social security number and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to deposit funds into your account and participate in contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.
Deposits, and player winnings after contests are finished, are held in a separate, bank account from the Duelo, Inc. operating account. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and Duelo may not use them to cover its operating expenses or for other purposes. Your withdrawals will be made from this segregated bank account.
Duelo may limit the amount a user can deposit into his or her account in accordance with state-imposed deposit limits.
In cases where you have participated in a promotion to receive a bonus or other benefit, you may be required to play through your deposit (by entering contests) whose total entry fees equal the value of the deposit to receive the entirety of such bonus.
4.6 Service Provider Agreement
Deposits and Withdrawals for paid contest activity are contracted through the GIDX Platform. This service provider’s term and services can be found here.
By entering a contest, you consent to Duelo’s and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other Duelo contests and Duelo generally, unless otherwise prohibited by law. Duelo Inc and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that Duelo Inc may announce any winner’s name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Duelo or other contests or games operated by Duelo Inc. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
Each year all winners who have won $600 or more will be required to submit a W9 form to Duelo, which includes updated address and social security details. These details will be used to allow Duelo to comply with tax regulations and may be shared with appropriate tax authorities. You, not Duelo, are responsible for filing and paying applicable state and federal taxes on any winnings. Duelo does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
5.1 Game of Skill
Duelo 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 in sports events.
5.2 Entry fees
Each Duelo contest has an entry fee listed in US dollars. When you opt to participate in a contest, that amount in US dollars will be debited from your Duelo account. Then, follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in Duelo’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Duelo reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
Users may cancel entries up to 15 minutes prior to game start. If you timely cancel an entry, your entry fee will be refunded back into your Duelo account. Duelo has no obligation to honor cancellation requests received within 15 minutes of or after game start. Similarly, contests lock when the first game starts and no more entries or lineup changes may be made at that time.
5.3 Contest Term
Duelo offers both daily contests, multi-day contests, and weekly contests for professional sporting events.
After each contest ends, the tentative winners are announced, typically within hours after the contest is over, 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 prizes as set out in the posted contest details. Prizes are added to the winning player’s account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
Duelo offers a number of different types of contests. For each contest, we announce the entry fees and prizes in advance on the contest page. For a summary of entry fees and prizes for currently open contests please login and visit the main lobby.
Prize calculations are based on the results as of the time when final scoring is tabulated by Duelo. Once winners are initially announced by Duelo, 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. Duelo has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.
No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, Duelo reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of Duelo contests, Duelo Inc is the sole judge and its actions are final and binding.
Winners are generally posted on the Site after the conclusion of each contest by 11am ET on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner’s names for each competition period may be obtained by writing to:
1515 7thStreet #210
Santa Monica, CA 90401
5.6 Bonuses and Promotions
We frequently offer bonuses to newly depositing users and for other marketing purposes. Certain bonuses are awarded as a “pending bonus” earned gradually when users enter and complete paid contests. A user’s pending bonus is converted into a monetary credit that can be used to play on Duelo as the user enters real money contests in accordance with the terms of the offer or promotion. Unless otherwise stated, any unconverted pending bonus remaining in a player’s account 30 days after it has been initially credited can be removed by Duelo. Any credit a new user receives is for entry into competitions on Duelo and can only be withdrawn if they have been previously entered into at least one game. Additionally, if a user immediately withdraws money after a deposit which delivers a deposit bonus then the bonus will be retracted. In the event of abuse of the bonus system by any user, Duelo reserves the right to retract your user bonuses.
Duelo may also offer Duelo Tokens (blue or green) in accordance with the terms of a promotion or for other marketing purposes at Duelo’s sole discretion.
We frequently offer monetary credits or tokens for players competing in group or head to head contests or for referring new users to Duelo. Duelo reserves the right to reclaim these credits if players do not use them to enter real money contests within 1 month of their initial crediting, or within the minimum amount of time allowed by applicable law. These credits can be used to enter real money contests but cannot be immediately withdrawn.
SERVICES AND CONTENT
Duelo currently provides users with various features and services, including statistical review, contests, picks, and other interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of Duelo. In addition, Duelo provides access to certain photographs, text, images, statistics, logos, and other media and intellectual property related to or otherwise associated with Duelo. Unless stated otherwise, the Website, the Services, and the Content are subject to the TOS. You understand and agree that the Website, the Services, and the Content are provided “AS IS” and that Duelo assume no responsibility in connection with your use of the Website, the Services, or the Content. The Website, the Services, and the Content are provided for your non-commercial entertainment and enjoyment. Under the TOS, you may download certain Content and Services available on the Website to a single personal computing device for your use and entertainment. However, you may not distribute, modify, republish, or publicly display any of the Content or Services unless you have the prior written permission of Duelo, which permission may be withheld at Duelo’s sole discretion.
With respect to any messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit, post or upload to the Website and/or in connection with any of the Services (each, “Message”), you are, by transmitting or uploading such Message, granting Duelo and a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such Message for any purpose and in any form. This license is granted automatically and no payment of any kind will be due to you. At times, Duelo may solicit Messages from users. Your provision of any such Messages in response to a solicitation by Duelo shall be subject to a grant of a license to Duelo as specified above.
When any user posts any Message to the Website or any of the Services, Duelo shall have the right, but not the obligation, to review, edit or delete any Message for any reason, at Duelo’s sole discretion. It is Duelo’s policy to fully cooperate with law enforcement authorities and court orders which request or require Duelo to disclose personal information or the postings of anyone posting Messages to the Website or any of the Services. Although Duelo may monitor and/or review Messages from time to time, it is under no obligation to do so and does not assume any liability or responsibility with respect to any Messages including those that contain errors, defamatory content, pornography, profanity or inaccuracies.
You acknowledge and agree that Duelo may preserve Messages and may also disclose Messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Message violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Duelo, its users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that in connection with your use of the Website, the Services, and the Content you will not:
upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm or attempt to harm minors in any way;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Website, the Services, the Content or servers or networks connected to the Website, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, the Services and/or the Content;
intentionally or unintentionally violate any applicable local, state, national or international law.
reproduce, republish, download, post, transmit, distribute, copy, publicly display or otherwise use any Content or any derivative works based on the Website, Services, Content or the Software, in whole or in part.
FREE CONTEST RULES
Official free contest rules will be found in the Rules section of the website and mobile application.
ACCESS TO SERVICES
In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1.YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN ” AS IS” AND ” AVAILABLE” BASIS. DUELO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2.DUELO MAKES NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
3.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DUELO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DUELO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES, OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES, OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, OR THE CONTENT.
You agree to release and to indemnify, defend and hold harmless Duelo 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 of Service, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Duelo 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 Duelo in the defense of such matter.
You agree that Duelo, in its sole discretion, may terminate your password or use of the Website and/or the Services, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if Duelo believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Duelo may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be affected without prior notice, and acknowledge and agree that Duelo may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services.
ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that Duelo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. ALL OF YOUR BUSINESS DEALINGS WITH VENDORS AND ADVERTISERS APPEARING ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES SHALL BE AT YOUR SOLE RISK.
The Website and/or Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Duelo have no control over such sites and resources, you acknowledge and agree that Duelo are not responsible for the availability of such external sites or resources, and do not endorse and are 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 Duelo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
No link to the Website may be “framed” to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to the www.Duelo Website home page. “Deep Linking” to internal pages of the Website is expressly prohibited.
Services and Content are the property of Duelo and are licensed to Duelo and may not be reproduced without the prior written consent of Duelo. You further acknowledge and agree that (i) any necessary software used in connection with the Website, the Services, and the Content (the “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by or licensed to Duelo; and (ii) content contained in sponsor advertisements or information presented to you through the Website, the Services, and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. EXCEPT AS EXPRESSLY AUTHORIZED BY DUELO, OR ADVERTISERS, YOU AGREE NOT TO REPRODUCE, REPUBLISH, UPLOAD POST, TRANSMIT, DISTRIBUTE, COPY, PUBLICLY DISPLAY OR OTHERWISE USE ANY CONTENT OR ANY DERIVATIVE WORKS BASED ON THE WEBSITE, SERVICES, CONTENT OR THE SOFTWARE, IN WHOLE OR IN PART. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Duelo for use in accessing the Services.
Notices to you may be made via either email or regular mail. The Website may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Services.
These Terms of Service shall also apply to the use of any of the Duelo Mobile Applications. These Terms are intended to be in addition to the End User License Agreement found at https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeulafor the Mobile Application, and to the extent any of these Terms of Service conflict with the End User License Agreement, these Terms of Service shall be deemed to apply and the conflicting provision in the End User License Agreement shall not be applicable. Any reference to the Website in these Terms of Service shall also be deemed to include the Duelo Mobile Applications.
The TOS constitute the entire agreement between you and Duelo and governs your use of the Websites, the Services, and access to the Content, superseding any prior agreements between you and Duelo. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Duelo shall be governed by the laws of Delaware without regard to its conflict of law provisions. You and Duelo agree to submit to the personal and exclusive jurisdiction of the courts located within the country of United States. The failure of Duelo to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. The Laws and Courts of United States govern any dispute arising out of the use of the web site.
BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
22.1 Initial Dispute Resolution
Our Customer Support Department is available by email admin@Dueloor via www.Dueloto address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
22.2 Binding Arbitration
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Duelo will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Duelo will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of Los Angeles, State of California, United States of America, and you and Duelo agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
22.4 Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND DUELO (DUELO, INC.) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
22.5 Exception – Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
22.6 30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Duelo, Inc., 1515 7thStreet, #210 – Santa Monica, CA 90401. The notice must be sent within 30 days of 1/1/2019 or of your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Duelo also will not be bound by them.
22.7 Changes to this Section
Duelo will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and Duelo agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Los Angeles, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and Duelo shall be governed by the laws of the State of Delaware without regard to conflict of law provisions.
If you have any questions or comments about our use of personal information, please contact us at:
1515 7th Street, #210
Santa Monica, CA 90401
You may also contact us at admin@PlayDuelo.com