The following terms and conditions govern use of all content, services, and products (the “Service”) provided by Betitup Gaming, Inc. (“Betitup Gaming”) and available on the Betitup Gaming site (the “Site”). The Service is owned and operated by Betitup Gaming. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on the Site (collectively, the “Agreement”).
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Service through your account to this Agreement, in which case the terms “you” or “your” shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OUR SITE OR USING THE SERVICE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BECOME BOUND BY THIS AGREEMENT. THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
NO GAMBLING IS ALLOWED WITHIN THE SITE OR WHILE USING SERVICES. THE TOURNAMENTS ENABLED THROUGH THE SERVICES UTILIZE SKILL-BASED GAMES, MEANING THE OUTCOME OF ALL RELEVANT GAMES ARE BASED PREDOMINANTLY UPON THE SKILL OF THE MATCH PLAYERS, NOT CHANCE. BETITUP GAMING DOES NOT HAVE KNOWLEDGE OF THE PROBABILITY OF ANY PARTICULAR PARTICIPANT WINNING A MATCH, AND MAKES NO REPRESENTATIONS ABOUT AN INDIVIDUAL PLAYER’S CHANCES OF WINNING.
If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service. If these terms and conditions are considered an offer by Betitup Gaming, acceptance is expressly limited to these terms.
General Account Terms
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Each account may be only used by one person. You are responsible for maintaining the security of your account and password. Betitup Gaming cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Betitup Gaming of any unauthorized uses of your account, or any other breaches of security. Betitup Gaming will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). 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.
Account Access and Permissible Assignment
By using the Site, you warrant and represent that you are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this Agreement. If you are under 18 years of age, you must not use any part of the Site, create an account, or submit any personal information to Betitup through the Site. You may only have one account. If it is discovered that you have registered multiple accounts, are sharing accounts with another individual, or are otherwise accessing the Site through an account that is not your own, all accounts affected by such use shall be terminated. If you are a parent and believe your child may have created an account, contact us with details of that account at www.betitupgaming.com/contact to remove it.
Access to the Site and Services may be interrupted for reasons within or beyond the control of Betitup Gaming, and that Betitup Gaming cannot and does not guarantee you will be able to use the Site and Services whenever you wish to do so. Betitup Gaming may not offer the Services in all countries or geographic locations. You are solely responsible for any internet connection and mobile fees that you may incur as a result of using our Services.
As part of the Service, Betitup Gaming uses GPS to locate your mobile device to confirm you are located where cash tournaments are permitted. Cash tournaments are currently disabled in following U.S. states AZ, AR, CT,DE, LA,MT, SC, SD, TN to comply with local regulations.
By using this site and our services you give Betitup Gaming your express permission to contact you via email, messaging, or other electronic or non-electronic forms of communication for all purposes including distribution of marketing and promotional materials.
If you make (or allow any third party to make) material available through the Site (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
By making Content available, you represent and warrant that:
the downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, trojan horses, or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other groups and websites, and similar unsolicited promotional methods;
the Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Betitup Gaming or otherwise.
Without limiting any of those representations or warranties, Betitup Gaming has the right (though not the obligation) to, in Betitup Gaming’ s sole discretion:
refuse or remove any content that, in Betitup Gaming’ s reasonable opinion, violates any Betitup Gaming policy or is in any way harmful or objectionable, or
terminate or deny access to and use of the Service to any individual or entity for any reason. Betitup Gaming will have no obligation to provide a refund of any amounts previously paid.
As a user, you may deactivate your account at any time. Personally identifying information such as your name, username, and profile photo will no longer be associated with Content you have posted.
Fees and Refund Policy
Within the Services, you may enter fee-based tournaments and head to head competitions in certain competitive multiplayer skill-based games (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 detailed in this Agreement, 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. Betitup Gaming may at any time require you to provide proof of eligibility to participate in a Match or withdraw funds.
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.
Betitup Gaming uses third-party payment platforms such as Paypal and Stripe. We do not store credit card data.
Betitup Gaming respects copyright law and expects its users to do the same. It is Betitup Gaming’s policy to terminate in appropriate circumstances users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Intellectual Property Ownership
The Services contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. Betitup Gaming is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining Betitup Gaming’ prior consent.
We reserve the right to modify these terms at any time and modified terms are effective upon posting to the Site. We will make reasonable efforts to inform you of these changes via email or through the Service. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Betitup Gaming may also, in the future, offer new services and/or features including the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
General Representation and Warranty
You represent and warrant that:
your use of the Service will be in strict accordance with all Betitup Gaming policies and procedures, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content), and
your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND "AS AVAILABLE". BETITUP GAMING AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER BETITUP GAMING NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY.
BETITUP GAMING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT:
THE INFORMATION PROVIDED ON SITE IS TRUE OR CORRECT,
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT WILL BETITUP GAMING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY PARTY FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE, DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SERVICES (INCLUDING BUT NOT LIMITED TO THE UNAVAILABILITY OR CHANGE IN ADVERTISED SERVICES) OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF BETITUP GAMING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
ANY CHANGES WHICH BETITUP GAMING MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
YOUR FAILURE TO PROVIDE BETITUP GAMING WITH ACCURATE INFORMATION;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE THAT MAY OCCUR AS THE RESULT OF SERVICES.
NOTWITHSTANDING THE TERMS, IN NO EVENT SHALL BETITUP GAMING BE HELD LIABLE, FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO BETITUP GAMING UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. BETITUP GAMING SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify, release, defend and hold harmless Betitup Gaming and its directors, officers, agents and employees (collectively, the “Betitup Gaming parties”) from any claims, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties and other costs or expenses, of any kind or nature, including but not limited to reasonable legal and accounting fees (collectively, the “claims”), known and unknown, arising out of or in any way connected with such disputes, including, without limitation, disputes arising over breach of this agreement, breach of any separate agreement or transaction, and/or the substitution of units. Further, you hereby agree to indemnify, release, defend and hold harmless the Betitup Gaming parties from any claims brought as a result of your (1) breach of the terms, (2) violation of any law or the rights of a third party, and (3) use of this Site and the Services.
This Agreement constitutes the entire agreement between Betitup Gaming and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized agent/employee of Betitup Gaming, or by the posting by Betitup Gaming of a revised version. Any and all disputes arising of this Agreement, termination, or our relationship with you shall be determined by applying laws of the State of Delaware.
If any part of this Agreement is held invalid or unenforceable, that part will be struck, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement without written consent from Betitup Gaming; Betitup Gaming may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Dispute resolution and arbitration
By using this Site, you agree that any and all disputes, claims or controversies that you may have against Betitup Gaming arising out of or relating to or connected in any way to (i) your use of this Site (ii) any services obtained from or provided by Betitup Gaming or (iii) this Agreement (including the interpretation and scope of this clause and the arbitrability of the dispute), shall be resolved exclusively by mandatory, binding arbitration initiated through and administered by the American Arbitration Association ("AAA"). You further agree that arbitration will be conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, and that any arbitration proceeding, if necessary, will be held in California or at such other location as may be mutually agreed upon by Betitup Gaming and you. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitrator shall apply California law consistent with the Federal Arbitration Act, and shall honor claims of privilege recognized at law. In order to initiate arbitration with the AAA, you may be responsible for paying a filing fee to the AAA, however, in the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Betitup Gaming will reimburse 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. There will be no right or authority for any claims to be arbitrated on a class action or representative basis. YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AND BETITUP GAMING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION. You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury.
All claims you bring against Betitup Gaming must be resolved in accordance with this arbitration provision. All claims filed or brought by you contrary to this provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision, Betitup Gaming will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from Betitup Gaming, Betitup Gaming may recover its reasonable attorneys’ fees and costs incurred to enforce this arbitration provision.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Betitup Gaming's address for Notice is www.betitupgaming.com/contact.
The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Betitup Gaming may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Betitup Gaming shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services. You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Match (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. Therefore, the Software DOES NOT permit cash competitions to be offered to Users participating in Match in any state in which such Match violates its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in cash competitions. In the United States, Prohibited Jurisdictions, as of the “Updated” date above, include: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee. For card games, Prohibited Jurisdictions include Maine and Indiana. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access Services and we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Match, you must accurately confirm the location from which you are playing. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to Match may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES AND MATCHES ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your participation in Match is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY MATCH OFFERED BY OUR SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH BETITUP GAMING HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
This Agreement constitutes the entire agreement between Betitup Gaming and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized agent/employee of Betitup Gaming, or by the posting by Betitup Gaming of a revised version.
The terms of this Agreement shall be construed in accordance with the substantive laws of the State of California, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
If any part of this Agreement is held invalid or unenforceable, that part will be struck, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may not assign your rights under this Agreement without written consent from Betitup Gaming; Betitup Gaming may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Betitup Gaming may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of Betitup Gaming.
No joint venture, partnership, employment, or agency relationship exists between you, Betitup Gaming or any third party provider as a result of this Agreement or use of the Service.
Betitup Gaming shall not be liable for any delay or failure to perform in connection with any Services, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, or any other cause which is beyond the control of Betitup Gaming. Betitup
Gaming is hereby released by you from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.
Contacting Betitup Gaming
If you have any questions about these Terms of Service, please contact Betitup Gaming at www.betitupgaming.com/contact.