Terms of Service

Last modified: January 16th, 2025

Please read these Terms of Service and our Privacy Policy carefully before using Players’ Lounge Inc.'s ("PLAYERS’ LOUNGE") Services.

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Players’ Lounge Inc. d/b/a Players’ Lounge Online (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of playerslounge.com (the “Website”) and our mobile applications, including any content, functionality, and services offered on or through the Website or our mobile applications (collectively, the “Services”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, the Privacy Policy, found at /web-privacy (the “Privacy Policy”), and for mobile application users, the Mobile Application Privacy Policy found at /mobile-privacy (the “Mobile Application Privacy Policy”), which are each incorporated herein by reference. If you do not want to agree to these Terms of Use, the Privacy Policy or the Mobile Application Privacy Policy, as applicable, you must not access or use any of the Services.

The Services are offered and available to users who 18 years of age or older, and reside in the United States or any of its territories or possessions, except for residents of the following states: Arkansas, Connecticut, Indiana, Louisiana, Montana, South Carolina, South Dakota, Tennessee, Wyoming. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Services so you are aware of any changes, as they are binding on you.

Accessing the Services and Account Security

We reserve the right to withdraw or amend this Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for both:

1. Making all arrangements necessary for you to have access to the Services; and

2. Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources offered through the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by the Privacy Policy and the Mobile Application Privacy Policy, as applicable, and you consent to all actions we take with respect to your information consistent with the Privacy Policy and the Mobile Application Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.

We have the right to terminate your account, freeze any and all transactions related to your account, disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use, without any notice or liability to you.

You may only have one account with the Company. If it is discovered that you have registered multiple accounts, you are sharing accounts with another individual, or you are otherwise accessing the Services through an account that is not your own, all applicable accounts shall be terminated without any notice or liability to you.

We may permanently delete any account that we deem to be inactive, in our sole discretion. You acknowledge that if your account is deleted then you may lose access to any information associated with such account. Notwithstanding any other provision of these Terms of Use, you hereby acknowledge and agree that you have no right, title, or interest in or to your account and we shall have no liability or responsibility in the event of your account’s deletion. If you wish to delete your account, please send a request to the following email address: [email protected].

Intellectual Property Rights

The Services and all contents, features, and functionality thereof (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services, except as follows:

1. Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

2. You may store files that are automatically cached by your Web browser for display enhancement purposes;

3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;

4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use; and

5. If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

1. Modify copies of any materials from the Services;

2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or

3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

We are not endorsed by, directly affiliated with, maintained or sponsored by Apple, Electronic Arts, Activision Blizzard, Take-Two Interactive, Microsoft, Xbox, Sony, Playstation, Epic Games or Twitch. All content, games titles, trade names and/or trade dress, trademarks, artwork and associated imagery are trademarks and/or copyright material of their respective owners.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Accounts

1. Each Account may only be used by one person. You must take all necessary steps to protect the secrecy of your log in information. Your Account may be terminated if someone else uses it. You must immediately notify Players’ Lounge of any unauthorized use of your Account or any other such breach of security. Players’ Lounge shall not be responsible to you for any loss or harm that results from an unauthorized person accessing your Account.

2. Players’ Lounge may permanently delete Accounts that are deemed inactive. Accounts shall be deemed inactive when they have not been used for One Hundred and Eighty (180) days.

3. You acknowledge that if your Account is deleted then you may lose access to any information associated with that Account. If you wish to delete your Account, please alert Players’ Lounge by sending Notice to the following contact: [email protected]

4. No matter what else is said in these Terms or anywhere else within the Services, you expressly acknowledge that you have no right, title, or interest to or in any Account you create through our Services, and your Account is not your property. Your Account is owned by Players’ Lounge and is licensed to you on a limited basis under the same rules as 2(a) and 2(c).

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

1. To partake in any activity or action we deem, in our sole discretion, to be against the spirit or intent of the Services;

2. To promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, errors, or undocumented features in connection with the Services or any third party software used in connection with the Services, except for the sole purpose of privately and directly notifying the Company;

3. To promote, encourage, or participate in any activity involving the manipulation of the Services, including without limitation, directly or indirectly using a VPN to manipulate the Service’s matchmaking features, or otherwise manipulating the Services to obtain a competitive advantage;

4. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

5. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

6. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use;

7. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

8. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing); or

9. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

1. Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;

2. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;

3. Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;

4. Use any device, software, or routine that interferes with the proper working of the Services;

5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, any server, computer, or database connected to the Services, or any other user’s account;

7. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or

8. Otherwise attempt to interfere with the proper working of the Services.

User Contributions

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the these Terms of Use.

Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, including your name, likeness, and any other information contained in your User Contribution, for any purpose, without any obligation to you. To the fullest extent permitted by law, you waive any rights of attribution and/or any moral rights you may have in your User Contribution, regardless of whether your User Contribution is altered or changed in any manner.

You represent and warrant that:

1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and

2. All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right to:

1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion;

2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company;

3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and

5. Terminate or suspend your access to all or part of the Services (including, without limitation, restricting access to any and all funds related to your account) for any or no reason, including without limitation, any violation of these Terms of Use, without any notice or liability to you.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Withdrawals and Identity Verification (KYC)

1. Withdrawal Methods and Eligibility

   1. Registered Payment Accounts: All withdrawals must be sent to a valid payment method in the same name as the Players’ Lounge account holder. Payment methods include PayPal or other services we may offer.

   2. Name Matching Requirement: The name on your Players’ Lounge account must match the name on your payment method. If it does not, we may delay or block your withdrawal.

2. KYC (Know Your Customer) Verification

   1. Identity Verification: To comply with legal and regulatory obligations, we may request additional documents (e.g., government-issued photo ID, proof of address, proof of ownership of the payment method) before processing withdrawals.

   2. Verification Process: If we identify a name mismatch or other discrepancies, we may pause your withdrawal request and require you to complete identity verification. Failure to comply with our requests may result in forfeiture of any pending withdrawals or funds.

   3. Refusal of Service: If we suspect fraudulent activity or cannot complete verification to our satisfaction, we reserve the right to refuse service, close your account, or escalate the matter to relevant authorities.

3. Blocking or Delaying Withdrawals

   1. Additional Verification: If we detect that your PayPal (or other payment method) does not match your Players’ Lounge account name, we may request proof of identity and/or proof of payment method ownership.

   2. Temporary Blocks: Until verification is complete, withdrawals may be blocked or delayed. We will make reasonable efforts to notify you if additional documents are required.

   3. Possible Refund or Forfeiture: If a significant mismatch persists or verification cannot be completed, we may refund your deposits, treat wagers as void, or count wagers as losses at our discretion to maintain platform integrity.

4. Fraud and Suspicious Activity

   1. Fraud Prevention: Players’ Lounge employs fraud-detection measures to ensure that withdrawals are made by the authorized account holder. Any signs of suspicious activity may trigger additional reviews or compliance checks.

   2. Consequences: In confirmed cases of fraud, misrepresentation, or refusal to cooperate with KYC procedures, we may seize funds, terminate your account, and/or pursue legal remedies.

5. General Practices

   1. Safety and Compliance: As a skill-based wagering platform, our overriding priority is ensuring that all withdrawals are legitimate and that the user withdrawing funds is indeed the account holder.

   2. Delays: You acknowledge that verification processes can cause delays in withdrawals. We appreciate your cooperation during these periods.

   3. User Responsibility: You are solely responsible for maintaining accurate information in your Players’ Lounge account. If your payment details change, please update your account information before initiating any withdrawal requests.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;

4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, the Privacy Policy or the Mobile Application Privacy Policy;

5. Be likely to deceive any person;

6. Promote any illegal activity, or advocate, promote, or assist any unlawful act;

7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization;

9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or

10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please email us at [email protected]. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other use of the Services, or by anyone who may be informed of any of its contents.

This Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any materials provided by any third parties. You are solely responsible for complying with all applicable third-party terms of agreement when using the Services, including, without limitation, the terms of any applicable wireless data service agreement.

Changes to the Services

We may update the Services from time to time, but the content provided through the Services is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Services

All information we collect on this Services is subject to the Privacy Policy and the Mobile Application Privacy Policy, as applicable. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and the Mobile Application Privacy Policy, as applicable.

Third-Party Fees and Messaging

The use of any Company mobile application (each, an “Application”) requires use of a Mobile Device (as defined below) and wireless mobile data service, which must be obtained from your wireless carrier, and may require you to obtain Internet access. You are responsible for obtaining and paying for such additional services and obtaining a suitable Mobile Device, including without limitation all usage charges related thereto.

You may be required to send and receive, at your cost, electronic communications related to any Application from the Company or third party service providers. You may incur additional charges from such service providers in connection with your use of an Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access an Application.

If you download an Application, we may send you special offers and messages. These in-Application offers may have specific terms and conditions outlined in the offer. These in-Application offers and in-Application messages are integrated features of such Application. If you do not wish to receive these in-Application offers and in-Application messages, you must delete such Application. If you download an Application, with your permission, we may also push notifications to your device. You will be able to opt out of push notifications in your device’s settings.

License Grant

Subject to the terms of these Terms of Use, the Company grants you a limited, non-exclusive, revocable, and nontransferable license to: (a) download, install, and use the applicable Application for your personal, non-commercial use on a single mobile device (and if such Application has been downloaded from the Apple Store, on an Apple-branded mobile device) owned or otherwise controlled by you (each, a “Mobile Device”) strictly in accordance with such Application’s documentation and, if obtained from the Apple Store, the Apple Media Services Terms and Conditions, as in effect from time to time, located at https://www.apple.com/legal/internet-services/itunes/ (the “Apple Terms”); and (b) access, download, and use on such Mobile Device the Services made available in or otherwise accessible through such Application, strictly in accordance with these Terms of Use.

The Company may terminate the license granted hereunder at any time without notice if it ceases to support an Application, which the Company may do in its sole discretion, or for any other reason. In addition, the license granted hereunder will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms of Use or any of the other policies and agreements referenced herein.

Upon such termination, all rights granted to you under these Terms of Use will also terminate; and you must cease all use of any Application and delete all copies of any Application from your Mobile Device and account. Termination will not limit any of the Company’s rights or remedies at law or in equity.

License Restrictions

You shall not:

1. copy any Application, except as expressly permitted by the license granted herein;

2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of an Application;

3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of an Application or any part thereof;

4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Application, including any copy thereof;

5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Application, or any features or functionality of any Application, to any third party for any reason, including by making an Application available on a network where it is capable of being accessed by more than one device at any time; or

6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting any Application.

Reservation of Rights

You acknowledge and agree that each Application is provided under license, and not sold, to you. You do not acquire any ownership interest in any Application under these Terms of Use, or any other rights thereto other than to use an Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms of Use. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to each Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Use.

Updates

The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) an Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that each Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of an Application and be subject to all terms and conditions of these Terms of Use.

You acknowledge that your access to the Services may be interrupted for reasons within or beyond our control, and that we cannot and do not guarantee you will be able to use the Services at any given time.

Export Regulation

An Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release any Application to, or make any Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making any Application available outside the US. You represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country, and (ii) you are not listed on any US government list of prohibited or restricted parties or persons.

Acknowledgment for Users Downloading an Application from the Apple Store

You acknowledge that you have had an opportunity to review the Apple Terms before agreeing to be bound by these Terms and Conditions. You acknowledge that these Terms and Conditions are between you and the Company, and not with Apple, and the Company, its service providers and licensors, not Apple, are solely responsible for each Application and the content thereof, including, without limitation, all maintenance and support services with respect to each Application. You further acknowledge and agree that Apple is not responsible for addressing any claims by you or any third party relating to any Application or your possession and/or use of any Application, including, but not limited to: (i) product liability claims; (ii) any claim that an Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection, privacy, or similar legislation.

Staking Feature

A. Overview
Players’ Lounge offers a “Staking” functionality, which allows one user (“Staker”) to back or sponsor another user (“Player”) who wagers on themselves in a skill-based challenge on the Players’ Lounge platform (“Staking Feature”). The following terms apply to your use of the Staking Feature.

B. Staking Process

1. Browsing and Selection: Stakers can browse upcoming wagers Players have created and see Player statistics (e.g., kills per game, average touchdowns, recent performance, etc.). Players’ Lounge may also display or link to recent game streams or recorded gameplay for your reference.

2. Placing a Stake: After selecting a Player to back, the Staker enters a dollar amount to stake. A service fee is deducted from the staked amount, and that fee is shared between Players’ Lounge and the Player.

3. Watching the Challenge: Stakers may watch the Player’s live gameplay (where available) as the Player attempts to complete the challenge. Players’ Lounge does not guarantee the quality, continuity, or availability of such live streams.

4. Outcome and Payout:
   • If the Player successfully completes their challenge (as determined in our sole discretion), the Staker receives a cash prize, which may include a percentage of winnings allocated to the Player.
   • If the Player fails to complete the challenge, the Staker may lose some or all of their staked amount.

5. No Guarantee: Staking is inherently risky. Players’ Lounge does not guarantee that any Staker will recoup their stake, nor do we guarantee the accuracy or completeness of any Player’s statistics. You acknowledge that you may lose your entire stake.

   
   

C. Additional Terms and Disclaimers

1. Skill-Based Activity: Staking, like Matches, is intended to be a skill-based activity. You acknowledge that all outcomes are determined predominantly by the Player’s skill and that chance does not predominate.

2. Assumption of Risk: By participating in the Staking Feature, you understand and agree that you assume all risk associated with staking, including the possible loss of your entire stake. Players’ Lounge is not responsible for the Player’s performance, nor do we represent or warrant that the Player’s posted statistics, gameplay videos, or live streams are reliable or error-free.

3. Service Fee & Refunds: A service fee is applied when a stake is placed. Generally, once a stake is placed, it cannot be canceled or refunded. However, in rare cases (e.g., canceled challenge, technical error), Players’ Lounge may, in its sole discretion, refund a stake or portion thereof.

4. Location and Eligibility: You must comply with all legal requirements in your jurisdiction before participating in the Staking Feature. If staking or skill-based wagering is prohibited in your jurisdiction, you must not use the Staking Feature.

5. Anti-Fraud Measures: Players’ Lounge reserves the right to verify your identity, request additional documentation, and freeze or seize staked funds if we suspect fraud, collusion, or any violation of these Terms.

6. Disputes: All staking outcomes (including any potential payouts) are determined by Players’ Lounge in its sole discretion and are final. If you dispute any outcome, you must notify us at [email protected]m and provide evidence we request (such as screenshots, video clips, etc.).

D. Relationship to Other Terms
All other provisions of these Terms of Service, including limitations of liability, disclaimers of warranties, arbitration, and indemnification, apply equally to the Staking Feature. If any conflict arises between the Staking Feature terms and other sections of these Terms, the Staking Feature terms shall prevail solely with respect to the subject matter of staking.

Fees and Payment Terms

Your payment obligations may vary depending upon the Services in which you access and participate:

Tournaments and Head-to-Head Competitions

Within the Services, you may enter fee-based tournaments and head-to-head competitions in certain competitive multi-player skill-based games (each, a “Match”). The winner of each Match will be determined by their skill in relation to other users competing in the same tournament or head-to head-Match.

In addition to meeting the age requirement to access the Services as set forth in these Terms of Use, you must be at least the minimum legal age required by the state in which you reside in order to enter into such Matches. If your state of residence does not permit skill-based games to be played for cash or prizes, you must not participate in such Matches. We may, at any time, require you to provide proof of eligibility to participate in a Match or to withdraw funds from your account.

The cost of entry and value of prices offered in each Match will be disclosed prior to the commencement of each Match. By remitting an entry fee for any Match, you agree and acknowledge that any entry fee paid is non-refundable and that you may not win the Match. At the beginning of the Match, any entry fees paid will be charged to your payment method on file. You are solely responsible for the payment of any entry fees.

Following the conclusion or earlier termination of a Match, even if the Match closes prematurely, users will report Match results to the Company within the Services. We will have the sole and absolute discretion to determine the Match results and winners, and by participating in any Match, you agree to be bound by these determinations. After we have determined the Match winner, we will retain a fee of ten percent (10%) of all prize amounts earned by the Match winner, and then any remaining prize funds will be credited in the account of, or remitted to, the Match winner.

Service Fee: In addition to the 10% Match fee, Players’ Lounge may apply a Service Fee once the Match commences. The pricing of the Service Fee is established at the discretion of Players’ Lounge and is subject to change at any time. Service Fees do not apply to active Players’ Lounge Plus subscribers.

Inactivity Fee: Inactivity is defined as the period since a player last completed a game on Players’ Lounge. If a player’s account remains inactive for 180 consecutive days, beginning from the 181st day, a $2.99 inactivity fee will be charged to the inactive player’s account each month thereafter. In the event that an account remains inactive for a duration exceeding 24 months, Players’ Lounge reserves the right to reassess and potentially increase the inactivity fee. Players’ Lounge retains the discretion to adjust, modify, or waive these inactivity fees.

ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES ARE PAYABLE IN ADVANCE, FINAL, AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE CONSUMER RIGHTS LAW IN YOUR LOCAL JURISDICTION. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Subscription Services

We charge a subscription-based fee to access certain of the Services. For such Services, we will bill you in advance for your subscription. Your subscription will continue and automatically renew on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms of Use. The Company reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period (as defined below) following the date of such change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes.

Unless otherwise indicated, you will be required to provide a credit card or other payment method accepted by the Company, as may be updated from time to time (each, a “Payment Method”). We will charge your Payment Method a periodic subscription fee on a recurring basis corresponding to the term of your subscription, and any applicable taxes. You are solely responsible for any and all fees charged to your Payment Method. When you provide a Payment Method, we may attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. If you want to use a different Payment Method than the one you signed up to use during registration, you may edit your Payment Method information by logging in on the Services and viewing your account details.

In the event of a failed attempt to charge to your Payment Method (e.g. if your Payment Method has expired), we reserve the right to retry billing your Payment Method. In the event that you or we (through our payment service providers) update your Payment Method to remedy a change in validity or expiration date, we will automatically resume billing you for your subscription to the Services. We may suspend or cancel your access to the Services if we remain unable to successfully charge a valid Payment Method. We also reserve the right to pursue any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration and/or court costs.

We may offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, billing will resume automatically.

As used in these Terms of Use, “bill” or “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. We will automatically bill your Payment Method on the later of the day you start your subscription or the day your free trial ends, and on each recurring billing date thereafter. Your “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. Where applicable, charges for one or more Services may be prorated for any partial month of service. To see your next recurring billing date, log in on the Services and view your account details. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28), due to free trials and other promotional offers, gift card redemptions, credits applied, or changes in your subscription or Payment Method.

You can cancel your subscription by logging into your account and following the instructions on your account page. You must cancel your subscription prior to 11:59 p.m. Eastern time on the day before your next recurring billing date in order to avoid being charged. If you cancel your subscription, you will continue to have access to the Services through the end of your current Billing Period. If you cancel your subscription, you will also forfeit any service, referral, or redeemed gift card credits.

Payments are nonrefundable. If you cancel, modify your subscription, or if your account is otherwise terminated pursuant to these Terms of Use, you will not receive a credit, including for partially used periods of the Services. There are circumstances where we may provide credits on a case by case basis. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.

Linking to the Services and Social Media Features

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

1. Link from your own or certain third-party websites to certain content on this Services;

2. Send emails or other communications with certain content, or links to certain content, on the Services; and

3. Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

1. Establish a link from any website that is not owned by you;

2. Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking;

3. Link to any part of the Website other than the homepage; or

4. Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked within the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Services is based in the State of Delaware in the United States. We provide the Services for use only by persons located in the United States, except for residents of the following states: Arkansas, Connecticut, Indiana, Louisiana, Montana, South Carolina, South Dakota, Tennessee, Wyoming. We make no claims that the Services or any of the content available through the Services is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries or states. If you access the Services from outside the United States or within one of the prohibited states listed above, you do so on your own initiative and are responsible for compliance with local laws.

Prohibited Conduct: Cheating and Dishonesty

1. Cheating, Hacking, and Exploits

   1. Cheating Tools: You may not use or facilitate the use of any unauthorized external software or hardware that gives you an unfair advantage, including but not limited to aimbots, wall hacks, map hacks, macros, or scripts.

   2. Game Exploits: You may not take advantage of any in-game exploit, glitch, or error to gain an unfair advantage over other users.

   3. Account Hacking: Any attempt to gain unauthorized access to another user’s Account or to disrupt the normal functioning of our Services is strictly prohibited.

2. Smurfing and Skill Misrepresentation

   1. Smurfing: Creating or using additional accounts at significantly lower skill levels, or otherwise misrepresenting your skill level, to gain an unfair advantage is strictly prohibited.

   2. Intentional Skill Underplay: You may not intentionally play below your usual skill level or deliberately lose matches for the purpose of manipulating future wagers or matches.

3. Account Sharing and Unauthorized Play

   1. Third-Party Play: You may not allow another player to access your Account or play on your behalf for the purpose of competing in a wager or Match.

   2. Multi-User Collaboration: You may not collaborate with others in ways that undermine the fairness of a wager, including intentionally feeding kills, providing inside information, or other forms of in-game collusion.

4. Match Fixing and Collusion

   1. Match Fixing: Any agreement or attempt to fix or predetermine an outcome of a Match for the purpose of profiting or gaining an unfair advantage is strictly prohibited.

   2. Collusive Behavior: Working with others to manipulate game outcomes, such as intentionally queuing or teaming with opponents, is prohibited.

5. Consequences of Violation

   1. Account Suspension or Termination: Any user found engaging in prohibited conduct may be suspended or permanently banned from the Services, and any associated funds or winnings may be forfeited.

   2. Investigation: Players’ Lounge reserves the right to investigate allegations of cheating or dishonest activity by requesting additional information, including but not limited to video, screenshots, or other documented proof.

   3. Additional Remedies: We may pursue all legal and equitable remedies available under applicable law if you violate these rules.

6. Twitch VOD Preservation

   1. Mandatory 7-Day Retention: If streaming gameplay on Twitch or a similar platform is required for your wager, you must retain the corresponding VOD (video on demand) for at least seven (7) days.

   2. Prohibited Early Deletion: Deleting, making private, or otherwise removing the VOD before seven days have elapsed is strictly prohibited and may result in Match forfeiture, suspension of your Account, or other disciplinary actions.

Game-Specific Requirements

To maintain fairness and integrity, certain games require a minimum level of experience before you can wager:

1. Call of Duty

   1. Warzone, Black Ops 6, Modern Warfare: You must be at least Level 45 in-game to wager on these titles. If you are playing with a group, all members must be level 45 as well.

2. Fortnite

   1. You must have completed at least 250 matches in Fortnite to be eligible to place wagers on this title.

You may be required to provide proof of your in-game level, match history, or other verifiable data prior to participating in real-money wagers on these specific titles.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THROUGH THE SERVICES, OR ON ANY WEBSITES LINKED TO IT.

YOUR USE OF THE SERVICES, THE CONTENT PROVIDED THROUGH THE SERVICES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THE CONTENT PROVIDED THROUGH THE SERVICES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THE CONTENT PROVIDED THROUGH THE SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, ACHIEVE ANY INTENDED RESULTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, SERVICES, OR YOUR MOBILE DEVICE.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

If you have downloaded any Application from the Apple Store, in the event of any failure of such Application to conform to any applicable warranty not disclaimed or permitted to be disclaimed or limited pursuant to this Section, you may notify Apple, and Apple will refund you the purchase price for such Application, and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to such Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty will be the responsibility of the Company.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES OR THIRD PARTY WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE SERVICES, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers (and if an Application has been downloaded from the Apple Store, Apple), and its and their respective officers, directors, managers, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, deficiencies, actions, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

Governing Law

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Conflict Resolution

You shall resolve any dispute, controversy, or claim arising out of or relating to the Services or these Terms of Use, or the breach, termination or invalidity hereof (each, a “Dispute”), under the provisions of this section. The procedures set forth herein shall be the exclusive mechanism for resolving any Dispute that may arise from time to time and these provisions are express conditions precedent to binding arbitration of the Dispute.

You shall send written notice to the Company of any Dispute (“Dispute Notice”). You shall first attempt in good faith to resolve any Dispute set forth in the Dispute Notice by negotiation and consultation with the Company. In the event that such Dispute is not resolved on an informal basis within thirty (30) business days after delivery of the Dispute Notice to the Company, either party may commence binding arbitration in accordance with the following terms:

Any dispute, controversy or claim arising out of, relating to or in connection with the Services or the Terms of Use, including the breach, termination, or validity thereof, shall be resolved by final and binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect by a tribunal of three (3) arbitrators who shall each be independent, disinterested persons selected by AAA.

The arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction and all issues regarding arbitrability shall be decided solely by the arbitral tribunal. The place of arbitration shall be New York, New York. The language of the arbitration shall be English. The claimant shall commence the arbitration by delivering a notice of arbitration to the respondent setting out the nature of the claim(s) and the relief requested. Within thirty (30) days of the receipt of the notice of arbitration, the respondent shall deliver to the claimant its answer and any counterclaim(s), setting out the nature of such counterclaims(s) and the relief requested.

The tribunal may make its decisions by a majority or by the chair if no majority is possible. The tribunal shall have the power to grant any provisional or final remedy or relief that it deems appropriate, including an award of attorneys’ fees’.

The parties agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the parties and the decisions made by the arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law.

The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. Nothing in this section shall preclude any party from seeking a preliminary injunction or other provisional relief, either prior to, during or after invoking the procedures in this section, if in its judgment such action is necessary to avoid irreparable damage or to preserve the status quo.

YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS THESE TERMS OF USE AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE.

The parties agree to arbitrate solely on an individual basis, and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.

Notwithstanding anything to the contrary in these Terms of Use, in the event that the foregoing arbitration provisions are deemed invalid or unenforceable, then (i) the remaining portions of these Terms of Use will remain in force and effect, and (ii) each of the parties hereto irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other party in any way arising from or relating to these Terms of Use and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the US District Court for the Southern District of New York, and, only if such court does not have subject matter jurisdiction, then the courts of the State of New York sitting in New York County, and any appellate court from any thereof. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and the other policies and agreements referred to herein, including without limitation the Privacy Policy and the Mobile Application Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Third-Party Beneficiaries

With respect to an Application only, if such Application has been downloaded from the Apple Store, the parties hereby designate Apple and its subsidiaries as third-party beneficiaries of these Terms of Use having the right to enforce these Terms of Use against you. Except as set forth in the immediately preceding sentence, the parties do not confer any rights or remedies upon any other person or entity other than the parties to these Terms of Use and their respective successors and permitted assigns.

Your Comments and Concerns

This Services are operated by Players’ Lounge Inc. d/b/a Players’ Lounge Online located at 1013 Centre Road, Ste. 403-B, New Castle, Delaware 19805.

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [email protected].