Platform & Location Restrictions. The Services
are offered solely through the Eazy6 iOS mobile application and only to users
who are physically located within the United States (subject to state-by-state
restrictions). We do not currently offer the Services via Android devices or a
web browser.
Use of the Services from outside the United States
(including U.S. territories) is prohibited, and access may be blocked if your
device is detected outside the U.S.
These Terms of Service (the “Terms”) are a legal agreement
between you and Oakridge Interactive LLC, and as applicable, its subsidiaries
and affiliates (collectively, “Oakridge Interactive,” the “Company,” “we,”
“our,” or “us”). Oakridge Interactive owns and operates the Eazy6-branded iOS
mobile application (the “Eazy6 App” or “App”), which is available through
Apple’s App Store. Through the App we offer free-to-play games, paid-entry
contests of skill, and other sports-related games, tools, and services (collectively,
the “Services”). Before accessing or using the Services, please read these
Terms carefully, together with any additional terms, rules, guideline
s, and conditions that we may publish or provide from time to time for specific
games, contests, promotions, or features (collectively, the “Additional
Terms”). The Terms and any applicable Additional Terms together form the
agreement between you and Oakridge Interactive governing your use of the
Services.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS
OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT
AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US, AS WELL AS AN
INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES. IF YOU
DO NOT AGREE TO THIS COLLECTION OF TERMS, THEN DO NOT USE THE SERVICES. PLEASE
READ THEM CAREFULLY.
By creating an account or otherwise accessing and using the
Services, you agree to be bound by these Terms, our Privacy Notice, and all
applicable rules that may be published on the Services by Oakridge Interactive,
including any applicable contest and/or promotion terms and conditions, which
form a legal agreement between you and us.
We reserve the right, at our sole discretion, to make
changes to these Terms at any time. If we supplement, supersede, or make
changes to these Terms, such amended Terms will be posted, and will take effect
immediately, unless otherwise stated. You shall be responsible for reviewing
and becoming familiar with any such changes, and your use of the Services
following these changes, supplements, or other modifications shall constitute
your acceptance of the Terms as amended.
1. THESE TERMS
1.1 You represent and warrant that you have the legal right
and ability to agree to these Terms and that you have read, understood, and
agree to the Terms with the intent to be legally bound by them.
1.2 To access and use the Services, including to participate
in any contests or promotions, you must be at least eighteen (18) years of age
and physically located in a U.S. state or other jurisdiction where the Company
has elected to make the applicable feature available and where participation is
legally permitted (an “Eligible Jurisdiction”). We may verify your age and
location eligibility using reasonable methods consistent with applicable law
and our compliance program. If minors (as defined under applicable law) have
access to your device, we recommend enabling parental controls to prevent
unauthorized access. If we determine that a minor has participated in
paid-entry contests, the applicable account may be closed and withdrawals may
be frozen or voided as permitted by applicable law and in accordance with these
Terms.
2. USING THE SERVICES
2.1 You must create an account to access the Services. You
agree to provide accurate, current and complete information about yourself and
to maintain and promptly update any account information to keep it accurate,
current, and complete. Only one (1) account per verified person is permitted.
Your account is unique to you and non-transferable. For the avoidance of doubt,
you may not “co-own” an account with another person or entity. You may not use
a username for your account that promotes a commercial venture or a username
that we determine, in our sole discretion, is offensive or otherwise violates
these Terms. We may require you to change your username or may unilaterally
change your username without notice to you, in our sole discretion.
If you set a password (optional), your password must: (a)
8–12 characters; (b) include at least one uppercase letter; (c) at least one
lowercase letter; (d) at least one number; and (e) at least one special
character. Passwords are not required to create an account because
authentication is performed via SMS OTP.
2.2 We do not send marketing texts under the OTP program.
OTP is used solely for account verification, login, security, and critical
account notifications.
2.3 You consent to transact with us electronically and
receive legal notices and other communications electronically, including by
e-mail, text messaging, push notifications (in accordance with your device
settings), and/or by notices posted on the Services. You agree that any
requirement that a communication be sent to you in writing is satisfied by such
electronic communication and that you are responsible for maintaining an
Internet browser, mobile device or computing equipment capable of accessing the
Services and said electronic communications.
2.4 SMS Account Verification (OTP) Program Terms. By
providing your mobile number, you consent to receive one-time SMS verification
codes and security-related alerts associated with your account. Message and
data rates may apply. Message frequency varies based on your activity and
security settings. Reply HELP for help, STOP to opt out. Carriers are not
liable for delayed or undelivered messages. Note: if you opt out of
OTP/security messages, you may be unable to access your account, including
the ability to withdraw funds; to regain access, you may need to
contact customer support.
2.5 To the extent permitted by applicable law, you
acknowledge and agree that we may monitor and record communications related to
your use of the Services and collect and process geographic location
information for compliance, security, fraud prevention, eligibility
verification, and service integrity purposes. We reserve the right to report
unusual or suspicious activity to the appropriate authorities.
2.6 Location & Identity (KYC) Verification. We use
geolocation technology to determine your physical location when you open the
App, when you enter contests, and before withdrawals/redemptions. You must
enable device location services; use of VPNs/proxies, location spoofing, or
disabling location services is prohibited and may result in suspension, review,
or forfeiture as permitted by applicable law. Before permitting cash
withdrawals, redemptions, deposits, or continued participation in contests, you
may be required to complete Know Your Customer (“KYC”) identity verification
through a third-party identity verification service provider (e.g.,
government-issued identification and a selfie or liveness check). Until
verification is successfully completed, access to certain features—including
contest entry, deposits, withdrawals, or prize redemption—may be restricted. If
you fail to complete required verification within the timeframe specified in
our request, your account may remain restricted and prizes or withdrawals may
be forfeited as permitted by applicable law.
2.7 Specific rules, controls, and guidelines for each game,
contest, promotion, or other feature offered through the Services are provided
within the App or on the applicable contest or promotion page. Those rules,
controls, and guidelines are incorporated into and form part of these Terms.
You agree to comply with all such supplemental or additional terms, rules,
controls, and guidelines for each game, contest, promotion, or feature that you
access and/or use.
2.8 Games of Skill. Contests offered through the Services
are intended to be games of skill. Contest outcomes are determined by users’
selections and the applicable scoring methodology, which is based on the actual
results and official statistics, as made available by the applicable league or
data provider, from the real-world sporting events underlying each contest.
Users’ skill in analyzing sports data and making accurate predictions is
intended to be the predominant factor in success; chance plays only a
minor role.
2.8.1 Contest Modes. Eazy6 contests may be offered in
one or more participation modes, including:
Except as expressly stated otherwise, the same contest
rules, scoring methodology, settlement logic, and prize determination apply
across all modes. The method of entry, prize type, and eligibility requirements
may vary by mode and contest.
Mode Availability and Jurisdictional Restrictions.
The availability of each participation mode depends on a user’s physical
location and applicable law. Not all contest modes are available in all
jurisdictions, and certain modes may be added, restricted, or removed in
specific locations at our sole discretion.
No Guarantee of Mode Availability. We do not
guarantee that any particular contest mode will be available to a user at any
time, and access to modes may change due to legal, regulatory, operational, or
compliance considerations.
No Equivalency or Transferability. Participation,
results, or rewards in one mode do not confer rights, value, or eligibility in
any other mode. Free-to-Play participation does not involve cash or virtual
currency and does not entitle users to Skill Cash prizes or EazyBucks.
EazyBucks are not cash and are subject to the terms governing virtual
items.
2.8.2 Global Contest Rules (Applicable to All Eazy6
Contests).
General Applicability and Contest Structure
The following general rules apply to all Eazy6 skill-based
contests. Unless expressly stated otherwise in the contest-specific rules
displayed in the App, Eazy6 contests generally require users to choose six (6)
players or teams whose performance is evaluated against a specified statistical
category or performance metric identified in the applicable contest
rules.
Contest-specific rules displayed in the App define the
applicable sport, players or teams, statistics, scoring methodology, prize
tiers, ordering requirements, and any tiebreakers for that contest. Contest-specific
rules govern only where they explicitly differ from these general rules.
Contest Formats
Contests may be offered in different formats that determine
how user selections are evaluated. Examples may include, without
limitation:
Best6,
in which users choose six (6) players or teams and contest outcomes are
determined based on performance against the applicable statistical
criteria, without regard to the order of selections; and
Exacta6,
in which users choose six (6) players or teams and must correctly
predict the exact performance ranking of those selections, with
contest outcomes determined based on both performance and the order
selected.
We may also offer contests that require some selections to
be in a specified order and other selections to be in any order, as well as
additional contest formats introduced from time to time.
In the event that two or more players or teams are
tied on a primary statistical criterion, the contest may apply one or more
secondary criteria (“tiebreakers”) to determine rankings or outcomes.
The applicable contest format, scoring methodology, ordering
requirements, primary statistics, and any tiebreakers are displayed in
the contest-specific rules within the App and govern the evaluation of that
contest.
Contest Entry Period and Submission. Entries into a
contest will be accepted only during the entry period specified in the
contest-specific rules. Contest entry will close upon the earliest occurrence
of any of the following:
Once an entry is submitted, it may not be modified, edited,
replaced, or withdrawn, even if the contest remains open and continues
accepting additional entries.
Result Calculation and Settlement Timing. We strive
to calculate contest results as soon as practicable after the final real-world
sporting event included in a contest has concluded and official results become
available. However, contest results, prize calculations, and wallet credits may
take up to seventy-two (72) hours to complete due to data verification,
corrections, integrity reviews, or compliance checks.
Official Results and Data Corrections. Contest
results are based on official statistics and results, as made available by the
applicable league or data provider, available at the time of settlement. If
official results are later corrected, amended, or updated by the applicable
league or data source, we may, but are not required to, revise contest results,
standings, or payouts. Any such corrections may be made within a reasonable
period following settlement where necessary to maintain contest
integrity.
Player or Team Participation
Non-Participation.
If a selected player or team does not participate at all in the
underlying real-world event (for example, is inactive, scratched, does not
compete, or the event does not occur), that selection is treated as
non-participating for purposes of contest settlement.
2.
Participation Followed by Injury or Removal. If
a selected player or team participates in the real-world event but is injured,
substituted, removed, or otherwise limited after participation has begun, that
selection is considered valid and no refund applies.
Effect of Non-Participating Selections. Each Eazy6
contest generally requires the selection of six (6) players or teams.
An entry will continue to be settled so long as the number
of non-participating selections does not make it mathematically impossible for
the entry to qualify for at least one prize tier offered in that contest, based
on the contest’s payout structure.
If the number of non-participating selections eliminates the
entry’s ability to qualify for any prize tier offered in the contest, the entry
will be voided and the entry fee refunded.
If one or more selections do not participate, but the entry
remains eligible to qualify for at least one prize tier, the contest entry will
be settled using the remaining participating selections.
The minimum number of participating selections required
to qualify for a prize depends on the contest’s payout structure, which is
displayed in the contest-specific rules.
Star / Featured Player or Team Requirements. Certain
Eazy6 contests may require the selection of one or more designated featured,
star, or top-performing players or teams, which may include selecting such
players or teams in a specified order.
If one or more required featured selections do not
participate at all in the underlying real-world event, the affected contest
entry will be settled only if the remaining participating featured and
non-featured selections preserve the entry’s ability to qualify for at least
one prize tier under the contest’s payout structure.
If the non-participation of required featured selections
eliminates the entry’s ability to qualify for any prize tier offered in the
contest, the entry will be voided and the entry fee refunded. Contest-specific
rules may further define featured selection requirements, ordering, scoring,
and settlement logic.
Ties. If multiple entries are tied for the same prize
tier:
Unless otherwise stated in the contest-specific rules, no
additional tiebreakers will be applied.
Disqualification and Integrity Enforcement. We reserve the
right to disqualify any entry, suspend or terminate accounts, and withhold,
cancel, or recover prizes if it determines, in good faith, that a user has
engaged in fraud, collusion, automation, abuse of the Services, or any attempt
to manipulate contest outcomes or circumvent platform safeguards.
Contest Cancellation. A contest may be cancelled in
its entirety if a majority of the underlying real-world events or required
players or teams are cancelled, postponed, or otherwise rendered invalid, or if
insufficient valid selections remain to conduct the contest fairly. In such
cases, no winners will be declared and all entry fees will be refunded.
Extraordinary Events. We are not responsible for
delays, cancellations, or disruptions caused by events beyond our reasonable
control, including acts of God, weather events, labor disputes, system outages,
league decisions, data unavailability, or government actions. In such cases,
contests may be delayed, modified, cancelled, or refunded as determined by us
in good faith.
No Guarantee of Contest Availability. We do not
guarantee that any particular contest, format, entry fee, prize structure, or
prize type will be offered at any time and reserve the right to modify or
discontinue contests without notice.
Final Determinations. All determinations regarding
contest settlement, voids, refunds, cancellations, disqualifications, entry
acceptance, and prize disbursement timing are made by us in good faith and are
final and binding, subject to applicable law and the dispute resolution
provisions of these Terms.
2.8.3 Leaderboards. We may display in-app leaderboards
showing user rankings based on participation or performance in contests.
Leaderboards are maintained separately for each participation mode, including
Free-to-Play, Skill Cash, and EazyBucks, and rankings from one mode do not
carry over to any other mode.
Reset Periods. Unless otherwise stated in the App,
leaderboard rankings reset on a weekly basis. Prior rankings do not carry
forward after a reset period.
Informational Purposes Only. Except as expressly
stated in applicable leaderboard rules displayed in the App, leaderboards are
provided for informational and entertainment purposes only and do not
constitute official contest results or guarantees of ranking, prizes, or
rewards.
Updates, Corrections, and Enforcement. Leaderboard
rankings may be delayed, provisional, or subject to change due to scoring
updates, data corrections, integrity reviews, enforcement actions, or account
restrictions. Users who violate these Terms or engage in prohibited conduct may
be removed from leaderboards or have rankings adjusted or removed.
No Monetary Value or Entitlement. Leaderboard
placement has no cash or monetary value and does not create any entitlement,
vested right, or claim to prizes except as expressly stated in contest-specific
or leaderboard-specific prize rules.
No Guarantee of Availability or Accuracy. We do not
guarantee the continuous availability, accuracy, completeness, or real-time
updating of leaderboards.
Leaderboard Rewards. Certain contests or
participation modes may award points, prizes, or other rewards based on
leaderboard placement, as described in the applicable in-app rules. Currently,
Free-to-Play leaderboards may award rewards, and any rewards for other
participation modes, if offered, will be described in the App. Leaderboard
scoring methods, point calculations, eligibility criteria, reward types, and
winner selection are determined by the contest and leaderboard rules displayed
in the App and may change from time to time.
2.9 We reserve the right to modify, suspend, or discontinue
the Services (including, but not limited to, the availability of any feature,
content, or game variant), whether temporarily or permanently, at any time for
any reason. You agree that Oakridge Interactive shall not be liable to you or
any third party for any modification, suspension, or discontinuation of the
Services. Additional deposit limits, access restrictions, age or identity
checks, and other account controls may apply for compliance and player safety
purposes as described in the App or in our policies (if any) provided through
the Services.
2.10 You may use your account and the Services only for your
personal, lawful use of the Services as intended by the Company and in
accordance with these Terms. You may not use the Services for any other
purpose, including any commercial purpose, unless expressly authorized by us in
writing.
3. WALLET & PAYMENT TERMS
3.1 Taxes & Reporting. You
are responsible for any taxes on prizes or withdrawals. Where required, you
agree to provide W-9/W-8 and acknowledge we may issue IRS information returns
(e.g., Form 1099-MISC/NEC) and/or withhold taxes as required by law.
3.2 Gift Cards & EazyBucks (Virtual Items). EazyBucks
are virtual tokens with no cash value and are not legal tender. EazyBucks
cannot be sold, transferred, assigned, or traded. Subject to applicable law, we
reserve the right to modify, suspend, or discontinue EazyBucks or related
features at any time. EazyBucks do not constitute property, stored value, or a
substitute for currency and confer no vested rights.
Unless otherwise stated in the App, EazyBucks expire seven
(7) days after issuance and are subject to a maximum balance of one hundred
fifty (150) EazyBucks per wallet. No additional EazyBucks may be earned while a
wallet balance is at or above the applicable cap; users must redeem or allow
existing EazyBucks to expire before earning additional EazyBucks.
We may change the expiration period, balance cap, or
other conditions applicable to EazyBucks from time to time, as permitted by
law. Any such changes will be communicated to users through in-app notices or
disclosures.
Gift card balances are redeemable through a third-party
redemption provider and are not cash and may not be withdrawn to a bank
account. A verified email address is required prior to first redemption. If a
user changes their registered email address, gift card redemptions will be
paused for twenty-four (24) hours and notification will be sent to the
previously registered email address.
Redemption of EazyBucks or gift cards is not guaranteed and
may be subject to availability, inventory limitations, third-party provider
restrictions, verification requirements, technical issues, or other conditions
outside of our control. We do not guarantee that any specific reward,
denomination, or redemption option will be available at any particular time.
The temporary or permanent unavailability of redemption options does not
entitle users to cash, refunds, substitutions, or other compensation.
3.3 Prize & Withdrawal Safeguards
We reserve the right to withhold or cancel any prize or
withdrawal if we determine, in our sole discretion, that the entry was made in
violation of these Terms, including but not limited to collusion, syndicate
behavior, or other forms of coordinated or deceptive activity. In such cases,
we may initiate an internal review, during which payouts may be delayed or
withheld. We may request additional documentation or verification from the
user(s) involved. If, after review, we determine that a violation occurred, we
reserve the right to permanently withhold any associated prizes or wallet
balances, and to suspend or terminate the related accounts. Our determination
shall be final and binding, and not subject to internal appeal, except as
required by applicable law. See Section 6 for examples of prohibited conduct
that may trigger review or forfeiture.
3.4 You may be eligible to link your bank account and/or a
credit card to your Eazy6 account in order to create a wallet (a “Wallet”).
Your Wallet can be used to fund participation in certain Services we offer,
such as our paid-entry contests of skill.
3.5 In order to set up a Wallet, you must:
Be
at least eighteen (18) years of age, or, in jurisdictions, territories,
and locations where the minimum age requirement is higher, you meet that
age requirement;
Availability of the Services in a particular jurisdiction
does not constitute a representation that participation is lawful for any
individual user, and users are solely responsible for ensuring compliance with
applicable laws.
3.6 All deposits, withdrawals, and other payment
transactions in connection with your Wallet are processed by one or more
third-party payment processors (each, a “Payment Processor”). When you choose
to make a deposit or withdrawal, you will be redirected to the applicable
Payment Processor’s secure payment interface to enter your payment information.
Oakridge Interactive does not receive, store, or process your full payment
card numbers, bank account details, or other sensitive financial information.
Any payment methods you elect to save are stored and managed by the Payment
Processor in accordance with its own terms of service, privacy policies, and
security practices.
By initiating a transaction through a Payment Processor, you
represent and warrant that you are the lawful owner or authorized user of the
selected payment method and authorize the applicable Payment Processor to
process the transaction in accordance with your instructions and its applicable
terms and conditions. Our Payment Processors may have their own terms and
conditions governing payment transactions, and you are responsible for
reviewing and complying with those terms before completing any transaction. If
a transaction is not successfully processed by the applicable Payment
Processor, the transaction will not be completed. Depending on your financial
institution, additional fees or charges may be assessed by your bank or card
issuer, and we are not responsible for, and do not accept liability for, such
fees or charges.
3.7 Except as expressly stated in these Terms (including
contest voids/refunds) or as required by applicable law, you agree that all
payments are final and that we are under no obligation to refund any
transaction once a payment has been made. For these purposes, a payment is
complete at the time our servers validate your payment and successfully credit
your account on our servers. Deposits made into your Wallet will appear on your
statement as OI LLC DBA EAZY6. In the case of a dispute regarding the
identity of a user submitting payment, that payment will be deemed to have been
submitted by the user in whose name the respective individual account was
registered.
3.8 If your Wallet has no activity for twelve (12)
consecutive months, it will be considered inactive. Oakridge Interactive may
assess a monthly fee of $2.99 to maintain inactive wallets until it is
reactivated by entering a paid-entry contest of skill, making a deposit, or
withdrawing funds. Prior to deducting any fees due to wallet inactivity,
Oakridge Interactive will provide you at least thirty (30) days’ prior written
notice.
3.9 Once a Wallet is legally found to be abandoned, as
determined by each state’s applicable law, it will be considered so, and
Oakridge Interactive may be required to remit the abandoned funds to the
appropriate state agency as unclaimed property. Oakridge Interactive reserves
the right to deduct fees associated with the delivery of abandoned funds
subject to applicable law.
4. LICENSE AND INTELLECTUAL PROPERTY
4.1 As between you and us, we own the Services, including,
without limitation, all software, text, graphics, tools, links, code,
recommendations, and other content or material provided in or through use of
the Services, and all worldwide intellectual property rights in the foregoing.
4.2 We grant you a limited, personal, revocable,
non-transferable and non-exclusive right and license to access and use the
Services, in accordance with these Terms, for your personal and non-commercial
use, as the Services were intended to be used. Any software provided through or
used to operate the Services is licensed, not sold, to you by us, and such
license is limited to object code only. Please note that our Services contain
software governed by the license of a third-party, and you agree to abide by
the terms and conditions of the same by using the Services. Except as expressly
permitted herein, you must not, nor enable any other person to, rent, lease,
lend, sell, redistribute, sublicense, copy, reverse engineer, decompile,
translate, modify, rent, use as a service bureau, distribute copies of, adapt,
create derivative works based on, or otherwise inappropriately use the
Services.
4.3 Any trademark, service mark, copyright, logo, tradename,
and/or the like (collectively, the “Marks”) contained in the Services, whether
or not appearing in large print or with the trademark symbol, belongs
exclusively to us or our licensors, and you may not use or display such Marks
without our express written permission. Nothing in these Terms grants you any
right to use our, or any third-party’s, Marks.
4.4 You may choose to provide Oakridge Interactive with
feedback regarding the Services, including but not limited to the same being in
the form of ideas, suggestions, proposals, and/or examples (whether the same is
solicited by Oakridge Interactive or not) (collectively, the
"Feedback"). You hereby agree to provide an exclusive, perpetual,
irrevocable, worldwide, royalty-free license, with the right to sub-license, in
connection with any and all of your relevant intellectual property and/or other
rights, to Oakridge Interactive such that it may use, publish, disclose,
display, perform, copy, make, sell, commercialize, and/or exploit (for payment
or otherwise) the Feedback in any manner and via any medium that Oakridge
Interactive chooses, without any requirement to reference You as a source or
provide any consideration.
5. USER CONTENT
5.1 “User Content” means data, information, files, text,
images, or other content that you submit, post, or otherwise make available
through the Services. You retain any rights you may have in your User Content.
By submitting User Content, you grant the Company and its service providers a
worldwide, non-exclusive, royalty-free, sublicensable, and transferable license
to host, store, use, reproduce, modify (e.g., for technical formatting),
display, perform, publish, distribute, and create derivative works of your User
Content solely as reasonably necessary to operate, provide, maintain, protect,
improve, and promote the Services, and to comply with applicable law and
enforce these Terms. You are fully responsible for your User Content and
represent and warrant that you have all rights necessary to grant this license
and that your User Content does not violate these Terms or applicable
law.
5.2 You use any information contained in User Content at
your own risk. We have the right, in our sole discretion, but no obligation or
duty, to monitor, review, edit, remove, delete, disable, refuse, restrict,
and/or terminate access to your User Content or the Services (in whole or in
part) at any time, without prior notice and in our sole discretion, for any or
no reason. Where authorized by law, if you would like to request removal of
User Content that you have posted to the Services, please notify us by
e-mailing support@eazy6.com.
Even where we agree to remove User Content in accordance with applicable law,
this may not result in complete or comprehensive removal of the User Content in
question, from the Services.
5.3 Digital Millennium Copyright Act Notice: If you are a
copyright owner, authorized to act on behalf of one, or authorized to act under
exclusive right under copyright, please report alleged copyright infringements
taking place on the Services by contacting us and including the following
information:
Your
name, address, and daytime telephone number, and an e-mail address if
available, so that we may contact you if necessary;
A
statement that the information in the notification is accurate and, under
penalty of perjury, that the signatory is authorized to act on behalf of
the owner of an exclusive copyright right that is allegedly infringed; and
5.4 If you believe that material you posted on the Services
was removed or access to it was disabled by mistake or misidentification, you
may file a counter-notification with us, which must include:
Adequate
information by which we can contact you (including your name, postal
address, telephone number, and, if available, e-mail address);
5.5 Notice of claims of copyright infringement on the
Services (and counter-notices) can be sent to us via email at legal@oakridgeinteractive.com,
or to the following location:
Oakridge Interactive LLC, 101 Crawfords Corner Road, Ste.
4116, Holmdel, NJ 07733
6. PROHIBITED CONDUCT
6.1 When accessing and/or using our Services, you agree that
you will not: (a) use our Services for fraudulent or abusive purposes; (b) use
our Services in violation of any applicable law, regulation, or requirement,
and/or the intellectual property, privacy, or similar rights of us or any other
person; or (c) otherwise take any action that you know or reasonably should
know is improper, unfair, fraudulent, or otherwise adverse to the operation of
the Service or in any way detrimental to us or other users. Without limitation,
you agree not to:
Monitor,
use, or copy any of our Services content or “scrape” any information about
or regarding other people that use our Services or upload anything that
collects information including but not limited to ‘pixel tags’ and
cookies;
Defeat
or overcome any of our encryption technologies or security measures or
otherwise circumvent technological measures designed to control access to,
or elements of, our Services or upload or submit to the Services 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 and/or in any way harm a Oakridge
Interactive user and/or Oakridge Interactive;
6.2 If we have reason to suspect or learn that you are
violating these Terms, we may investigate, prohibit any and all current or
future use of the Services by you, and/or take legal action as necessary
including bringing a lawsuit for damages caused by the violation.
6.3 You further agree not to upload, communicate, transmit
or otherwise make available any User Content: (a) that is or could reasonably
be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or
otherwise objectionable; (b) that is or could be viewed as invasive of
another's privacy; (c) that is likely to, or could reasonably be viewed as
likely to incite violence or racial or ethnic hatred; (d) which you do not have
a right to make available lawfully (such as inside information, information
which belongs to someone else or confidential information); (e) which infringes
any intellectual property right or other proprietary right of others; or (f)
which consists of any unsolicited or unauthorized advertising, promotional
materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other
form of solicitation. We have the right to remove User Content from our
Services if we decide in our sole discretion that it results in or is a breach
of any part of these Terms, or that it may bring us or our Services into
disrepute. However, you acknowledge that we do not have an obligation to
actively monitor User Content and we make no undertaking to do so.
7. WARRANTIES & DISCLAIMER
7.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE
PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND
WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
REPRESENTATION OR WARRANTY THAT YOUR USE OF THE SERVICES IS LAWFUL FOR YOU IN
ANY PARTICULAR JURISDICTION, AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH
APPLICABLE LAWS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL
BE AVAILABLE AT ALL TIMES OR BE FREE OF ERROR, OR THAT ANY INFORMATION PROVIDED
THROUGH THE SERVICES (INCLUDING CONTEST RESULTS OR STATISTICS) WILL BE
ACCURATE, COMPLETE, OR CURRENT. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR
MOBILE DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
OBTAINING/USING THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
7.2 There will be times when our Services or a part or parts
of them are not available for technical or maintenance related reasons, whether
on a scheduled or unscheduled basis. Additionally, you are responsible for the
internet connection and/or mobile charges that you may incur for accessing
and/or using our Services.
7.3 You acknowledge and agree that your display name,
scores, and other related details will be displayed to other users in
connection with use of the Services.
7.4 The Services may provide links or access to third-party
websites, services, and payment functionalities outside of our control. We do
not endorse, recommend, or otherwise accept responsibility for any of these
third-party websites or services, and we make no representation or warranties
of any kind regarding them. We are not responsible for their content, quality,
nature, reliability, privacy, data security, or other practices or their
handling of information you make available to them. Your dealings with these
third parties, and any terms, conditions, warranties or representations
associated therewith, are solely between you and such third parties. We
encourage you to review their applicable terms and policies.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Terms shall limit or exclude any
liability that, under applicable law, cannot be limited or excluded.
8.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE
DISCLAIM AND WILL NOT BE LIABLE FOR ANY DAMAGE (INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR EXEMPLARY
DAMAGE (INCLUDING, WITHOUT LIMITATION, BODILY HARM, EMOTIONAL DISTRESS, LOSS OF
BUSINESS, REVENUE, PROFITS, GOODWILL, OR OTHER ECONOMIC ADVANTAGE)) ARISING OUT
OF OR IN CONNECTION WITH THE POSSESSION, USE, AND/OR MALFUNCTION OF THE
SERVICES, INCLUDING BUT NOT LIMITED TO: (A) ANY STATEMENT OR CONDUCT OF YOU OR
ANY OTHER USER OR THIRD PARTY ON THE SERVICES; (B) STOPPAGE OF USE BY YOU
DURING OR AFTER COMMENCEMENT OF USE OF THE SERVICES; (C) THE USE OR INABILITY
TO USE THE SERVICES; (D) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF
COMMUNICATIONS YOU SEND TO US; (E) THEFT, TAMPERING, DESTRUCTION, OR
UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER USER CONTENT
OF ANY KIND; (F) ANY PHYSICAL ACTIVITY, PERSONAL INJURY, OR PROPERTY DAMAGE
ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES; (G) DATA THAT IS PROCESSED
LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST, INCLUDING ANY INACCURATE ENTRY
INFORMATION; OR (H) ANYTHING OTHERWISE ARISING OUT OF OR RELATING TO THESE
TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE PREVIOUSLY BEEN
ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES.
8.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR
AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES OR UNDER THESE TERMS IS
LIMITED TO THIRTY DOLLARS ($30.00). Allowable claims, if any, which you may
bring against Oakridge Interactive must be brought no later than six (6) months
after the date of the event that gave rise to the claim, and you hereby waive
any right to bring any claim not brought within such period.
9. INDEMNITY
9.1 You agree to indemnify, release, defend, and hold
harmless Oakridge Interactive LLC 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 reasonable attorneys’
fees and court costs), claims, and/or actions of any kind whatsoever arising or
resulting from your use of the Services, your violation of these Terms, your
receipt, ownership, use or misuse of any prize, and any of your acts or
omissions that implicate publicity rights, defamation, and/or invasion of
privacy. Oakridge Interactive 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 Oakridge
Interactive in the defense of such matter.
10. TERMINATION & SUSPENSION
10.1 You may delete the App from your device at any time.
You may also request to permanently close your account by contacting customer
support through the App or by e-mail at support@eazy6.com, or by mail at
the address below:
Oakridge Interactive LLC, Attn: Customer Support
101 Crawfords Corner Road, Ste. 4116
Holmdel, NJ 07733
10.2 We may suspend, change, or terminate these Terms and/or
your access to the Services or portions of the Services immediately and without
notice, for any reason, including without limitation: (a) your breach of these
Terms; (b) a request by law enforcement or other government agency; (c) our
discontinuation of or material modification to the Services; (d) an unexpected
technical or security issue or problem; and/or (e) your inactivity.
10.3 If you close your account, or if we suspend or
terminate your account in accordance with these Terms, you may lose access to
certain features, promotional funds, EazyBucks, and/or prizes or rewards
associated with your account, subject to these Terms and applicable law. Where
required by applicable law, eligible remaining cash balances will be handled in
accordance with our withdrawal procedures, unclaimed property obligations, and
any applicable legal restrictions (including identity verification requirements).
10.4 You acknowledge and agree that your account is provided
for access to the Services and does not constitute a property right. Subject to
these Terms and applicable law, you may be permitted to withdraw or redeem
eligible balances or prizes. We may suspend, terminate, modify, or delete
accounts (including restricting access to balances) in accordance with these
Terms, including for compliance, security, fraud prevention, legal, and
integrity reasons, with or without notice where permitted by law.
11. GOVERNING LAW & MANDATORY ARBITRATION
11.1 PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS
YOUR RIGHTS. BY AGREEING TO MANDATORY BINDING ARBITRATION, YOU WAIVE YOUR RIGHT
TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR
CASE. THIS SECTION ALSO INCLUDES A CLASS ACTION WAIVER.
11.2 These Terms shall be governed by, and construed in
accordance with, the laws of the State of New Jersey without regard to conflict
of law principles. If any clause or provision of these Terms is found to be
invalid by any authority having competent jurisdiction, the invalidity of such
clause or provision shall not affect the validity of the remaining clauses or
provisions of these Terms, including the class action waiver to the fullest
extent permitted by law. You expressly agree that if you dispute the validity
or enforceability of the arbitration provision and/or class action waiver in
these Terms, you shall bring such dispute in the state or federal courts
located in New Jersey, and you expressly consent and agree to submit to the
exclusive personal jurisdiction and venue of such courts. For purposes of the
arbitration agreement, the seat of arbitration shall be New Jersey; hearings
may be conducted remotely (e.g., by teleconference or videoconference) as
provided in Section 11.6 unless an in-person hearing is required or determined
appropriate by the arbitrator under the applicable rules.
11.3 All claims arising in connection with your use of the
Services should be reported and brought to our attention as soon as possible in
a written statement delivered to: Oakridge Interactive LLC, Attn: Legal, 101
Crawfords Corner Road, Ste. 4116, Holmdel, NJ 07733, and/or via e-mail to legal@oakridgeinteractive.com.
The parties shall use their best efforts to settle any dispute, claim,
question, and/or disagreement directly through consultation and good faith
negotiations, which shall be a precondition to either party initiating a
lawsuit or arbitration. To the maximum extent permitted by law, you permanently
and irrevocably waive your rights to bring any claim in connection with your
use of the Services unless you bring it within six (6) months of the date of
the event giving rise to such claim.
11.4 EXCEPT FOR DISPUTES THAT QUALIFY TO BE HEARD IN SMALL
CLAIMS COURT, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES ARISING OUT
OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON
THE ONE HAND, AND OAKRIDGE INTERACTIVE OR ANY OF ITS AFFILIATES, LICENSORS, OR
SUPPLIERS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD,
MISREPRESENTATION, OR ANY OTHER THEORY, WILL BE RESOLVED THROUGH FINAL AND
BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A
JUDGE OR JURY.
11.5 YOU AGREE THAT OAKRIDGE INTERACTIVE AND YOU ARE EACH
WAIVING THE RIGHT TO TRIAL BY A JURY. NEITHER YOU NOR WE WILL PARTICIPATE IN A
CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS.
BY USING THE SERVICES, YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS
REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US
INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL
ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE
ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING
ANOTHER PERSON’S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING.
11.6 The arbitration will be administered by JAMS in
accordance with the provisions of its Comprehensive Arbitration Rules or
Streamlined Arbitrations Rules, as appropriate, excluding any rules or
procedures governing or permitting class actions. The JAMS Rules governing the
arbitration may be accessed at
https://www.jamsadr.com/rules-comprehensive-arbitration/
or by calling JAMS at (800) 352-5267. The arbitrator will conduct hearings, if
any, by teleconference or videoconference, rather than by personal appearances,
unless the arbitrator determines upon request by you or us that an in-person
hearing is appropriate. Any in-person appearances will be held at a location
that is reasonably convenient to the parties with due consideration of their
ability to travel and other pertinent circumstances. If the parties are unable
to agree on a location, such determination will be made by the arbitrator. If
you are able to demonstrate that the costs of arbitration will be prohibitive
as compared to the costs of litigation, we will, to the extent required to make
this section enforceable, pay as much of your filing and hearing fees in
connection with the arbitration as the arbitrator deems necessary to prevent
the arbitration from being cost-prohibitive. The arbitrator will be bound by
these Terms, when not in conflict with applicable law, and the arbitrator’s
decision will be binding and final, subject only to limited right of judicial
review provided under the Federal Arbitration Act. The arbitrator will have
authority to award temporary, interim or permanent injunctive relief or relief
providing for specific performance of these Terms, but only to the extent
necessary to provide relief warranted by the individual claim before the
arbitrator. If the arbitrator decides that either the substance of your claim
or the remedy you asked for is frivolous or brought for an improper purpose, we
may use the applicable JAMS Rules to determine whether you are responsible for
the filing, administrative and arbitrator fees. The award rendered by the
arbitrator may be confirmed and enforced in any court having jurisdiction
thereof. Notwithstanding any of the foregoing, nothing in these Terms will
preclude you from bringing issues to the attention of federal, state or local
government agencies or from seeking public injunctive relief in court where
that right cannot be waived under applicable state law.
11.7 To not be bound by the arbitration agreement set forth
in this section, within thirty (30) days of using our Services, you must notify
Oakridge Interactive in writing of your intent to opt-out of the arbitration
provisions. The written intent to opt-out must include your first and last
name, username, and be provided either by: (a) sending an email to support@eazy6.com;
or (b) sending a letter to the following address:
Oakridge Interactive LLC, Attn: Legal
101 Crawfords Corner Road, Ste. 4116
Holmdel, NJ 07733
12. GENERAL
12.1 These Terms constitute the entire agreement between you
and us relating to its subject matter and supersede all prior agreements,
undertakings, representations, warranties, and arrangements of any nature
relating to the same. Each party acknowledges that it has not been induced to
enter into these Terms by any representation or warranty other than those
contained in these Terms.
12.2 Upon termination of your account, your license to use
the Services terminates. All provisions of these Terms which by their nature
should survive termination shall do so, including, without limitation, Sections
2, 3, 4 (except for 4.2), 5, 6, 7, 8, 9, 10, 11, and 12.
12.3 The failure of Oakridge Interactive to comply with any
provision of these Terms due to an act of God, hurricane, pandemic, endemic,
war, riot, earthquake, terrorism, act of public enemies, actions of
governmental authorities outside of the control of Oakridge Interactive and/or
other force majeure event will not be considered a breach of these Terms.
12.4 Use of the Services may involve transmission of data
through your carrier or service provider’s network. You are responsible for all
carrier, text/SMS, data, or other related fees or charges you incur from your
carrier or service provider in connection with or related to your use of the
Services. We assume no liability or responsibility for the payment of any
charges you may incur.
12.5 We may, from time to time in our sole discretion,
develop and provide updates to the Services, which may include upgrades, bug
fixes, patches, other error corrections, and/or new features (collectively, the
“Updates”). Updates may also modify or delete in their entirety certain
features and functionality. You agree that we have no obligation to provide any
Updates or to continue to provide or enable any particular features or
functionality of the Services.
12.6 You must not use, export or re-export the Services
contrary to any law of the United States and/or any other jurisdiction
including without limitation the Export Administration Regulations of the
United States. You represent and warrant that: (a) you are not located in a
country that is subject to a United States Government embargo or that has been
designated by the United States government as a “terrorist supporting” country;
and (b) you are not listed on any United States government list of prohibited
or restricted parties.
12.7 We may assign these Terms, in whole or in part without
your consent, but you are always free to terminate your use of the Services. No
person who is not a party to these Terms (other than any person specifically
identified as a third-party beneficiary) shall have any right under any law to
enforce any part of these Terms, and no consent is required from any
third-party to change these Terms. No failure or delay by us to exercise or
enforce any right or benefit under these Terms shall be deemed a waiver of such
right or benefit nor operate to prevent or limit the future exercise or
enforcement of that right or benefit. If any term or condition of these Terms
is held invalid, void or otherwise unenforceable by any court, governmental
agency or authority of competent jurisdiction, the remainder of these Terms
shall remain valid and enforceable.
12.8 Additional Terms for Apple’s App Store. In addition to
the other terms set forth herein, the provisions of this section also apply to
you if you obtained the Services from Apple’s App Store. These additional terms
should not be read to limit any other provision of these Terms and should not
be interpreted to affect the meaning of any other provision of these Terms. You
acknowledge that these Terms are between you and us only, not with Apple, and
Apple is not responsible for the Services. Apple has no obligation whatsoever
to furnish any maintenance and support services with respect to the Services.
In the event of any failure of the Services to conform to any applicable
warranty, you may notify Apple and Apple may, in accordance with its App Store
policies, refund any applicable purchase price paid to Apple for the App or an
in-app purchase, and, to the maximum extent permitted by applicable law, Apple
will have no other warranty obligation whatsoever with respect to the Services.
Apple is not responsible for addressing any claim by you or any third party
relating to the Services or your possession and/or use of the Services,
including, but not limited to: (a) any product liability claim; (b) any claim
that the Services fail to conform to any applicable legal or regulatory
requirement; and (c) any claim arising under consumer protection, privacy, or
similar legislation. Apple is not responsible for the investigation, defense,
settlement or discharge of any third-party claim that the Services and/or your
possession and use of the Services infringes any third party’s intellectual
property rights. You may access and use the Services only on Apple-branded
products that you own or control and as permitted by the usage rules set forth
in the App Store Terms of Service. You agree to comply with all applicable
third-party terms when using the Services. Apple, and Apple’s subsidiaries, are
third party beneficiaries of these Terms, and, upon your acceptance of these
Terms, Apple will have the right (and will be deemed to have accepted the
right) to enforce these Terms against you as a third-party beneficiary
hereunder.
13. CONTACT & COMPLAINTS
13.1 If you have an inquiry regarding these Terms, or
questions generally, you may contact us at:
Oakridge Interactive LLC
101 Crawfords Corner Road, Ste. 4116
Holmdel, NJ 07733
Or e-mail us at legal@oakridgeinteractive.com