Terms of Use

Last Updated: October 22, 2024


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR APPLICATION OR SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS OUR APPLICATION OR SITE, USE THE APPLICATION OR SITE, OR INDICATE YOUR ACCEPTANCE OF THESE TERMS.


These Terms of Use (“Terms” or “Terms of Use”) constitute an agreement between you (“you” or the “user”) and Gamescript Limited and its affiliates, subsidiaries or assigns (collectively, “GameScript,” “we,” “us” or “our”). This website www.gamescript.ai (the “Site”), and our mobile application (“Application”) are owned and operated by GameScript. Access and use of this Site, the Application and our services provided through the Site and Application, whether over the Internet or offline (collectively, the “Services”), are provided by GameScript to you on condition that you accept these Terms of Use. By accessing or using the Services, you signify that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to accept these Terms of Use, you may not access or use the Services.


ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF CLAIMS DESCRIBED IN THE “ARBITRATION PROVISION” SECTION BELOW, AND UNLESS YOU OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT CLAIMS BETWEEN YOU AND GAMESCRIPT OR OTHER PARTIES DESCRIBED HEREIN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AT THE ELECTION OF EITHER PARTY, AND YOU WAIVE YOUR RIGHT TO A COURT OR JURY TRIAL AND YOUR RIGHT TO BRING OR RESOLVE ANY CLAIM AS OR TO PARTICIPATE IN A CLASS, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR COLLECTIVE ACTION IN COURT OR IN ARBITRATION.


Except as set forth in the Arbitration Provision below, we reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of the Services; and (iv) the equipment, hardware or software required to use and access the Services.


Any changes we make to these Terms of Use will be effective immediately upon posting on this Site or made available through the Application. Please return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.


  1. YOU AGREE TO OUR PRIVACY POLICY

GameScript has made a commitment to protecting the privacy of those who use the Services. Please review our Privacy Policy available on our Site, which is incorporated by reference in these Terms of Use. By using the Services, you are consenting to and agreeing to be bound by the Privacy Policy.


When you use the Services, you consent to receive communications from us electronically via the Services, email, or otherwise. You agree to provide accurate, current, and complete information about yourself when you use the Services and to update such information while you continue to use the Services.


To the extent permitted by law, GameScript reserves the right to automatically process your personal information using technologies that use machine learning or artificial intelligence. You further acknowledge that by using certain aspects of the Services, you may be interacting with functions that involve the use of machine learning or artificial intelligence.


  1. USE OF THIS SITE

If you access our Services from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws. In particular, you understand that the Services, or both may not be available in all countries and that you are responsible for ensuring that it is lawful for you to use the Services in your location.


Some countries may have laws that forbid participating in the activities we offer through our Services, including accessing the Site or the Application. These restrictions might include a minimum age for using the Internet or entering into contracts like these Terms of Use. You are responsible for making sure you can use the Services in the location where you reside. You may not use the Services if access to and use of the Services is prohibited by law from the jurisdiction where you reside. Continuing to use the Services constitutes a representation and warranty by you to us that you have verified that you are permitted to use the Services in your jurisdiction.


You may not use the Services:

  1. as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise;

  1. in any way that violates any applicable national or international law or regulation;

  1. for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;

  1. to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;

  1. to impersonate or attempt to impersonate us, our employees, another user, or any other person or entity;

  1. in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

  1. to copy, reproduce, share or display the Services, including the Site or Application, or any portion thereof, any GameScript Materials (as defined in Section 9) or any other content made available by us through the Services or frame, mirror or otherwise incorporate any portion of the Services as part of any other application, website or service;

  1. to modify, translate, adapt or otherwise create derivative works or improvements of the Services or any portion thereof;

  1. to reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Site or Application;

  1. to rent, lease, lend, sell, sublicense, publish, transfer or otherwise make available the Services or any features or functionality thereof to any third party;

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

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

  1. directly or indirectly with 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; or

  1. directly or indirectly with any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.


In addition, we may from time to time impose other terms and conditions applicable to specific portions of our Services or content included with the Services. In such cases, we will publish or make available such additional terms and conditions through link(s) on our Site or Application. By continuing to use the Services after we make such links available, you are deemed to have accepted and agreed to such additional terms and conditions.

 

  1. ELIGIBILITY

You represent and warrant that you: (a) are 21 years of age or older and above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Services; and (c) have full power, authority and capacity to enter into these Terms, and in doing so will not violate any other obligation to which you are bound.


  1. SERVICES AND YOUR ACCOUNT

In order to access and use certain Services available on the Site or Application, you may need to sign up for, open and maintain an account (your “Account”) with us. Prior to completing the signup process for your Account, you may be required to confirm your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account and you shall not have the right to use such Services.


You represent and warrant that at all times you will: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and promptly update your information (including your email address) to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we shall have the right to suspend or terminate your account and any or all privileges on the Services and to refuse any and all current or future use of the Services.


During the registration process, you may be required to choose a user name and enter your email address. You acknowledge and agree that GameScript may rely on this email address or user name to identify you. You shall be responsible for protecting the confidentiality of your user name(s) and/or password(s), if any. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. You must not choose a username that infringes the rights of any third party or which is offensive, racist, obscene, hurtful, unlawful, or otherwise inappropriate. You agree not to transfer your right to use or access or allow anyone else to use or access the Services via your username or password to any third person.


WE HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT FOR WHICH WE ARE NOT RESPONSIBLE.


Any conduct that in our sole discretion restricts or inhibits anyone else from using or enjoying the Services will not be permitted. We reserve the right in our sole discretion to remove or edit any content and to terminate your Account for any reason.


If you wish to delete your account or terminate your subscription, you can do so at any time. In the event of termination, you will still be bound by your obligations under these Terms.


  1. WE DO NOT PROVIDE BETTING, LEGAL OR FINANCIAL ADVICE

We are not in the business of rendering personalized betting advice. We cannot know all the relevant facts about you, your earned income, your financial obligations or your disposable income and your individual needs, and we cannot claim or represent that any particular bet is suitable for you. You agree that any recommendation or action taken does not constitute a recommendation that a particular bet is suitable for you. In particular, we do not provide any representation, warranty or guarantee as to, and will not be responsible or liable for, your performance or the results achieved from information that you obtain or use from our Services. All information, including, without limitation, betting advice, is advisory. You understand and acknowledge that all use of such information is entirely at your own risk.


We may partner with third parties in order to make our recommendations easier for you. We will not, and cannot, bet on your behalf at any sportsbook. Only you can decide whether or not a bet is right for you, and you agree to be liable for any bet you initiate, whether or not made using tools that we or our partners provide that allow you to access and bet through your sportsbook accounts. By using our Services, you agree that you bear responsibility for your own bets.


In addition, the information and data that we provide through the Services is, in many cases, based on information and data obtained from or provided by third parties, who we do not control. As such, we cannot and do not verify the accuracy or integrity of any such information or data and are not responsible for any inaccuracy or error in such information or data or in any information or data that we provided through the Services based on such other information or data.


YOU AGREE THAT GAMESCRIPT, ITS DIRECTORS, ITS DIRECT AND INDIRECT SHAREHOLDERS, ITS EMPLOYEES, AND ITS AGENTS WILL NOT BE LIABLE FOR ANY BETS MADE OR ACTION TAKEN BY YOU AND OTHERS BASED ON NEWS, INFORMATION, DATA, RECOMMENDATIONS, OPINION, OR ANY OTHER MATERIAL PUBLISHED THROUGH OUR SERVICES.


THE SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR PERSONAL FINANCIAL ADVICE. NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF LAW OR OTHER PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISION TO OBTAIN SERVICES THROUGH THE SITE AND YOUR DECISION TO USE ANY INFORMATION OBTAINED THROUGH THE SERVICES.


The Services are for informational purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or data provided on the Site or Application before making any decisions or entering into any agreements.


We make no representations or warranties regarding the legality or sufficiency of any recommendation, document, or template available through the Services. Laws may vary based on facts and jurisdiction, and you are solely responsible for determining whether any recommendation, document or template is suitable for your uses.


If you require legal advice or other expert assistance, you must obtain the services of a competent, professional person, and should not rely on or use the content provided through the Services as a substitute for such advice or assistance.


  1. PLAY LEGALLY, RESPONSIBLY AND FOR ENTERTAINMENT ONLY

Responsible gaming means enjoying sports betting purely for fun in States where it is legal and regulated. There is no one-size-fits-all to budgeting as everyone’s risk tolerance and entertainment budget is different. You can establish your own limits by developing a set of personal guidelines to determine when and how much to wager – see How Much Should I Wager?. Once you set your budget, stick to it. Legal, state-regulated sports betting operators provide additional tools to set limits in your sports betting account. For additional information and resources on responsible sports betting in States where it is legal, visit Have a Game Plan.


The Services are being provided for entertainment purposes only. Nothing of value can be wagered or risked on the Services. Nonetheless, if you have concerns about gambling – or if you are concerned about a friend or family member – information and resources to help combat problem gambling are available from the National Council on Problem Gambling, Gam-Anon, or Gamblers Anonymous. Please review our Responsible Gaming Policy available at the end of these Terms of Use, which is incorporated by reference in these Terms of Use.


If you or someone you know has a gambling problem, call 1-800-GAMBLER.


  1. MOBILE DEVICES

If you use a mobile device to access the Services optimized for mobile viewing, or use a mobile application, the following additional terms and conditions also apply.


You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.


  1. ELECTRONIC MESSAGES 

By accessing our Services, creating an Account with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) us communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations from us (collectively, “Records”) electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at [email protected]. Agreements and transactions executed prior to this request will remain valid and enforceable.


  1. OUR MATERIALS

GameScript may make certain digital versions of materials, information, content, software, images, or other materials (including but not limited to intellectual property, database rights, graphics, videos, text, and logos) available to you from this Site from time to time (collectively, the “GameScript Materials”). The Site and Application (including their organization, presentation and GameScript Materials available thereon) are the property of GameScript and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights. GameScript or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner except as permitted.


By using the Services, we grant you a non-exclusive, non-transferrable, non-sublicensable right and license to use the GameScript Materials for your personal use only. If you download, access or use any GameScript Materials, you agree that such materials: (i) may only be used for your personal use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without GameScript’s prior written permission; (iii) may not be copied, reproduced or shared or transmitted to any third party; (iv) shall not be submitted to, processed by, or otherwise fed into any artificial intelligence or automated processing software; and (v) shall only be used in compliance with any additional license terms accompanying such materials.


You acknowledge and agree that GameScript Materials may include materials that are generated, in whole or in part, by any artificial intelligence or automated processing software. Such artificial intelligence or automated processing software may utilize and be trained on information supplied by you through the Services, including User Content (defined in Section 10). You acknowledge and agree that, other than for such User Content, any such materials developed by artificial intelligence or automated processing software as well as such artificial intelligence and automated processing software themselves shall constitute GameScript Materials and shall remain the sole property of GameScript in accordance with this Section 9. We may disclose the use of such artificial intelligence or automated processing software in our sole and absolute discretion.


GameScript Materials may include recommendations or opinions that are presented by a specific “personality,” “character” or even person. In many cases, the Services may refer to such personalities and characters as “cappers” or “tipsters.” Such personalities and characters, whether or not identified as a “capper” or “tipster,” as well as their biographical information and background details may or may not be real and may be entirely fictional. All of such personalities, characters and their information are made available in order to group consistent strategies, approaches and analysis and for marketing purposes but are not intended to imply that they originate from one person or source or otherwise from a real person. In some cases, such personalities or characters may be based on or derived from input from multiple sources and persons or generated from software algorithms, including, without limitation, artificial intelligence. Accordingly, you should not rely on or attribute any expertise, guarantee or performance to any such personalities or characters.


  1. USER CONTENT

You are solely responsible for the content and information (collectively referred to as “User Content”) that you post or upload on the Services including feedback or questions. By submitting User Content to the Services, you automatically grant GameScript the royalty-free, perpetual, worldwide, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You acknowledge and agree that this license includes the right to reproduce User Content, including any personal information or your likeness, for marketing and advertising purposes. You further acknowledge that the User Content may be used to enhance, improve and further develop our Services and be submitted to, processed by, or otherwise fed into any artificial intelligence or automated processing software.


User Content uploaded or otherwise communicated on the Services shall comply with all applicable law and regulations and any applicable third party agreements, which you are responsible for knowing and understanding. You are prohibited from posting or otherwise communicating to us, or any other user of the Services:

  1. any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, defamatory, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity);

  1. any violent, vulgar, obscene, pornographic, or otherwise sexually explicit User Content;

  1. User Content that harms or reasonably can be expected to harm any person or entity; infringes on any right of a third party including (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights, (ii) rights of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) personality or publicity; or (iii) any confidentiality obligation;

  1. User Content that is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, harassment, theft, or conspiracy to commit any criminal activity;

  1. anything that is likely to deceive another person;

  1. anything that (i) does not generally pertain to the designated topic or theme of the Site or the Services; (ii) violates any specific restrictions applicable to the Site or the Services, including age restrictions and procedures; or (iii) is antisocial, disruptive, or destructive, including anything that can be construed as “spamming,” “flooding,” or “trolling,” as those terms are commonly understood and used on the Internet; or

  1. anything that: (i) expresses or implies that any statements you make or actions you take are endorsed by us; (ii) impersonates another person (including celebrities); (iii) indicates that you are a GameScript employee, representative of GameScript; or (iv) attempts to mislead users by indicating that you represent GameScript or any of GameScript’s partners or affiliates.


You understand and agree that we, without any obligation to do so, may monitor or review any User Content you post, upload or otherwise communicate through the Services. We reserve the right to remove any such User Content, in whole or in part, at our sole discretion, that violates these Terms, is likely to harm our reputation, is deemed inappropriate or otherwise poses a risk of harm to any other person. We reserve the right to deactivate your account or otherwise prevent your use and/or participation on Services at any time and for any reason.


You agree that we may access, preserve and disclose your account and any User Content posted, uploaded, received or otherwise communicated if required to do so by law or with the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with an enforceable subpoena or other legal process; (ii) enforce these Terms; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Services in the future; or (v) protect the rights, property or personal safety of GameScript or its members, employees, agents, affiliates, partners, communities or any other person.


If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personal data, personal information, personally identifying information, or equivalent term be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by GameScript or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release GameScript, and its licensees, successors and assigns, from any claims that you could otherwise assert against GameScript, or any of its assigns or affiliates, by virtue of any such moral rights. You also permit any other user to access, view, store, or reproduce the User Content for that user’s personal use. 

User Content submitted by you will be considered non-confidential, and GameScript is under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, we reserve the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. GameScript is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to us. We shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.


Please note that we do not make any representations, warranties or guarantees that: (i) the Services, or any portion thereof, will be monitored (e.g., for accuracy or unacceptable use); (ii) apparent statements of fact will be authenticated; or (iii) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use. We generally do not pre-screen any communications, content or other materials before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Services by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, inappropriate, and/or violates these Terms of Use.


  1. INTELLECTUAL PROPERTY 

The Services, the content, any materials or information downloaded, and all intellectual property pertaining to or contained on the Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by GameScript or third parties; all rights, title, and interest will remain the property of GameScript and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws. You may not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Services.


You are authorized to view and make copies of relevant documents, pages, images, or other materials on the Services solely for purposes of transacting business with us or for your personal, non-commercial use. You may not tokenize copies of the Services or any other content on the Services. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Services, or any portion of the Services, for any public or commercial use, without our prior express written consent. Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Services (or printed pages produced from the Services), and (b) will not make any other modifications to any documents obtained from the Services other than in connection with completing information required to transact business with GameScript.


  1. INTELLECTUAL PROPERTY INFRINGEMENT 

GameScript respects the intellectual property rights of others, and we ask you to do the same. GameScript may, in appropriate circumstances and at our discretion, terminate service or access to the Services, including the Site and Application, to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement or trademark infringement and appears on the Services, please provide GameScript the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  1. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or if multiple works at a single online location are covered by a single notification, a representative list of such works at that location.

  1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled in the Services, and information reasonably sufficient to permit GameScript to locate the material.

  1. Information reasonably sufficient to permit GameScript to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which you may be contacted.

  1. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

  1. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


GameScript can be reached at [email protected].


Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.


Submitting a DMCA Counter-Notification: We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a valid Digital Millennium Copyright Act, 17 USC Section 512 et seq. (“DMCA”) take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification, in writing, to GameScript that includes all of the following information: 

  1. Your physical or electronic signature;

  1. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

  1. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

  1. Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which GameScript may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.


Termination of Infringers: GameScript reserves the right, at its sole discretion, to terminate the account or access of any user of the Site who is the subject of DMCA or other infringement notifications.


  1. AVAILABILITY

We cannot and do not promise that access to or use of the Services will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend access to or use of the Services, or any part thereof, with or without prior notice for any reason.


  1. ACCESS TO THE INTERNET

You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use the Services, and you shall be solely responsible for all charges and fees related thereto.


Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. GameScript is not liable for any damages related to communications to, or from, the Services.


  1. CURRENCY OF SITE

GameScript cannot and does not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Services. We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update the Services (including the GameScript Materials) at any time, without prior notice to you.


  1. LINKS TO OTHER SITES AND SERVICES

The Services may contain links to outside services and resources, the availability and content of which GameScript does not control. The inclusion of these links does not imply that GameScript monitors or endorses these sites. We are not responsible for examining or evaluating, and we do not warrant the offering of these services and resources or the content of these websites. We do not assume any responsibility or liability for the actions, products, and content of these and any other websites. Any concerns regarding any such services or resources should be directed to the service or resource.


We may receive referrals and affiliate marketing fees from third parties. Such referrals or affiliate fees do not imply that GameScript monitors or endorses these third parties or has any control over or responsibility for such third parties. We are not responsible for examining or evaluating, and we do not warrant the offering of these third parties.


  1. SECURITY

You agree not to, or permit a third party to, directly or indirectly: (i) use any device, software, or routine that interferes with the proper working of the Services; (ii) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (iii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services; or (iv) attack Services via a denial-of-service attack or a distributed denial-of-service attack.


GameScript makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site. GameScript is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access to. You are required to notify us of any unauthorized use of the Site by using the contact information in the “Contact Information” section below.


Due to technical difficulties with the Internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services. GameScript recommends that you install appropriate anti-virus or other protective software.


GAMESCRIPT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE.


  1. SEVERABILITY/NO WAIVER

Except as set forth in the Arbitration Provision section below, if any provision of these Terms of Use is found to be unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. GameScript’s failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any Services will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions.


Sections 17 (Security), 19 (Disclaimers: Services and Materials Provided “As-Is”), 20 (Limitation of Liability), 21 (Indemnification), 22 (Term and Termination), and 23 (Arbitration Provision and Class Action Waiver) will survive any termination of expiry of these Terms of Use.


  1. DISCLAIMERS: SERVICES AND MATERIALS PROVIDED “AS-IS”

THE SITE, THE APPLICATION, THE SERVICES AND THE GAMESCRIPT MATERIALS ARE PROVIDED “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. GAMESCRIPT DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE APPLICATION, THE SERVICES, OR THE GAMESCRIPT MATERIALS WILL BE ERROR-FREE, ACCURATE, RELIABLE, UNINTERRUPTED OR OTHERWISE MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAMESCRIPT, OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY REGARDING THE SERVICES NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SERVICES AND ITS CONTENT AND DATA MAY BE PROVIDED BY GAMESCRIPT FROM TIME TO TIME WITHIN THE SERVICES.


These Terms were written in English (US). Any translated version is provided solely for your convenience using third party translation services, such as Google Translate. You understand and agree that GameScript in no way controls or is responsible for any third-party product or service accessed through the Services.


YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OF TRANSLATIONS OF THE SERVICES. PLEASE SEEK INDEPENDENT TRANSLATION SERVICES TO VERIFY ANY INFORMATION ON WHICH YOU RELY. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, AN OFFICIAL AND GAMESCRIPT TRANSLATION OF THE SERVICES.


WE DO NOT WARRANT THAT THE SERVICES, WEBSITES AND SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SERVICES, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.


Please note that some jurisdictions do not allow the disclaimer of certain representations or warranties, so the disclaimer in this Section 19 will apply to you to the extent permitted by applicable law.


  1. LIMITATION OF LIABILITY 

YOU AGREE THAT NONE OF THE PROTECTED PARTIES (AS DEFINED BELOW) SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.


NOTWITHSTANDING THE FOREGOING PARAGRAPH AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, FOR ANY CLAIM, COST, DAMAGE, OR LOSS ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED, SHALL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $100.00 (ONE HUNDRED DOLLARS) (USD) (THE “LIABILITY CAP”). GAMESCRIPT AND YOU AGREE THAT THE LIABILITY CAP SHALL INCLUDE ALL FORMS OF DAMAGES.


Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.


  1. INDEMNIFICATION

You will defend, indemnify, and hold GameScript, each third-party service provider, their respective affiliates, subsidiaries, and parent companies, and their respective officers, directors, employees, agents, information providers, and partners (collectively, the “Protected Parties”) harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to (a) your conduct with respect to or use of the Services, (b) violation (or alleged violation) of these Terms by you or any other person accessing the Services on your behalf, (c) your violation of applicable laws, (d) any actual or alleged infringement or misappropriation by you or any person accessing the Services through your Account, including, without limitation, relating to any User Content, of any intellectual, proprietary or privacy rights of any third party or (e) any unauthorized access to the Services using your Account information, whether or not authorized by you. Under no circumstance will GameScript be liable for damages of any kind that result from your use of, or the inability to use, the Services.


Please note that some jurisdictions limit the extent to which a party may indemnify another. As such, this provision will apply to you to the extent permitted by applicable law.


  1. TERM & TERMINATION

GameScript may, from time to time, but is in no way obligated to, permit you to access and use this Site and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree (i) that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and (ii) that GameScript shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Services at any time or from time to time. We may terminate these Terms of Use for convenience with no notice to you. These Terms of Use will otherwise remain in full force and effect.


Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Site and the Services.


  1. ARBITRATION PROVISION

THIS ARBITRATION PROVISION SUBSTANTIALLY AFFECTS YOUR RIGHTS; PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF USE.


Claim Notice. Prior to asserting a Claim (as defined below) in arbitration, the party asserting the Claim (the “Claimant”) shall give the other party (the “Potential Defendant”) notice of the Claim (a “Claim Notice”) and a reasonable opportunity to resolve the Claim. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. The Potential Defendant shall have at least 30 days after receiving the Claim Notice to attempt to resolve the Claim except for Claims requiring some form of expedited injunctive relief in a shorter period. The Claimant must reasonably cooperate in providing any information about the Claim that the Potential Defendant reasonably requests. Further the Claimant, on request, shall confer with the Potential Defendant (or an authorized representative thereof) by video or telephone conference or other remote means to discuss possible compromise or other resolution of the Claim. The Claimant and the Potential Defendant may have a lawyer or other representative present for such a meeting. On request, we will pay any reasonable out-of-pocket expenses you incur in participating in any such meeting. Any Claim Notice to you shall be sent electronically to the email address we have for you in our Account records. Any Claim Notice to us shall be sent electronically to GameScript at the email address set forth in the “Contact Information” section below. Any Claim Notice you send must provide your name, address, user name and email address, Account number and telephone number. You may only submit a Claim Notice on your own behalf and not on behalf of any other person. Any statute of limitations applicable to the Claim described in the Claim Notice shall be tolled during the period between the date that the Claim Notice is sent and the later of: (1) 60 days after the Claim Notice is received, or (2) 30 days after either Claimant or Potential Defendant informs the other that good faith efforts to resolve the Claim informally have ceased (the “Tolling Period”). Unless prohibited by applicable law, (1) an arbitration proceeding may not be commenced unless the Claimant has complied with this “Claim Notice” section, (2) the court will have authority to enforce this “Claim Notice” section, including the power to dismiss or stay the filing or prosecution of an arbitration unless the Claimant has complied with this “Claim Notice” section, and (3) the arbitration administrator is without authority to accept or administer any arbitration proceeding prior to the termination of the Tolling Period unless the Claimant has complied with this “Claim Notice” section. Any subsequent arbitration shall be governed by the following terms of this Arbitration Provision.


This Claim Notice section does not apply to Claims that are within the jurisdiction of the small claims court (or an equivalent court). Small claims court disputes are dealt with in the “Exceptions to ‘Claim’” section of this Arbitration Provision set forth below.


Agreement to Arbitrate. Except as otherwise explicitly provided in this Arbitration Provision, GameScript, together with its parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, successors, assigns, and any of these entities’ employees, officers, directors, and agents and their successors, assigns, affiliates, and service providers (collectively, the “Transaction Parties”) and you can elect to resolve any past, present, or future dispute, controversy or claim (“Claim”) arising from or relating in any way to (i) the use of the Services, (ii) these Terms of Use, (iii) your Account, or (iv) the relationship between you and any Transaction Party in connection with any of the foregoing that was not resolved directly between you and a Transaction Party, by binding arbitration under the Consumer Arbitration Rules (“the Consumer Rules”) of the American Arbitration Association (“AAA”) (available at https://www.adr.org/sites/default/files/Consumer-Rules-Web_0.pdf) and, if applicable, the AAA’s Mass Arbitration Supplementary Rules (available at https://www.adr.org/sites/default/files/Mass-Arbitration-Supplementary-Rules.pdf) and its International Dispute Resolution Procedures (available at https://www.adr.org/sites/default/files/ICDR_Rules_1.pdf) rather than in court. (Solely for purposes of this Arbitration Provision, the term Transaction Parties also includes any third party providing any goods and/or services in connection with the use of the Site and the Services or any of the foregoing on behalf of a Transaction Party, if that third party is named as a defendant or respondent along with a Transaction Party in the same proceeding or a related proceeding.)


“Claim” Defined. Except as otherwise explicitly provided in this Arbitration Provision, “Claim” broadly includes, without limitation: any claims based in contract, statute, regulation, constitution, ordinance, tort, fraud and other intentional torts, consumer rights, misrepresentation, equity, or any other legal theory; initial claims, counterclaims, cross-claims, and third-party claims; federal, state, and local claims; and claims which arose before the date of your use of the Services, including, but not limited to, any dispute or claim arising before the date you accessed the Site or the Services or agreed to these Terms of Use and any dispute or claim relating to (by way of example and not limitation): (i) the use, denial, or termination of the Services and/or the events leading up thereto; (ii) any disclosure, advertisement, application, solicitation, promotion, or oral or written statement, warranty, or representation made by or on behalf of a Transaction Party; (iii) any product or service provided by or through a Transaction Party or third parties in connection with the use of the Services or the relationship between you and a Transaction Party and any associated fees; (iv) a Transaction Party’s use or failure to protect any personal information you give a Transaction Party in connection with the use of the Services or your relationship with the Transaction Party; (v) enforcement of any and all of the obligations a party may have to another party in connection with the use of the Services or agreement governing the same; (vi) disputes arising from communications involving telephones, automatic dialing systems, artificial or prerecorded voice messages, SMS text messages or facsimile machines or (vii) compliance with applicable laws and/or regulations.


Exceptions to “Claim.” Notwithstanding any of the foregoing: (i) disputes or controversies about the validity or enforceability of this Arbitration Provision or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about these Terms of Use or your agreements governing the use of the Services or with Transaction Parties as a whole are for an arbitrator and not a court to decide; (ii) any Claims seeking to enforce or protect, or concerning the validity of intellectual property rights, will not be subject to binding arbitration under this Arbitration Provision; (iii) any party may proceed with their individual claims in small claims court (or an equivalent court) if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s (or the equivalent court’s) jurisdictional limits; but if that action is transferred, removed, or appealed to a different court, arbitration can be elected. Moreover, if you or we bring any counterclaim or cross-claim that asserts class or other representative claims or is for more than the small claims court’s jurisdiction, the entire dispute (including the counterclaim or cross-claim) must, if you or we choose, be resolved by arbitration. After a case is filed with the arbitration administrator, but before the arbitrator is formally appointed to the case, a party can send a written notice to the opposing party and the administrator that the dispute is within the jurisdiction of the small claims court (or an equivalent court) and that it wants the case decided by said court. After receiving this notice, the administrator will administratively close the case without requiring the payment of filing or any other administrative fees. Filing or pursuing a Claim in small claims court does not waive any right to seek arbitration for Claims outside the court’s jurisdiction, and (iv) this Arbitration Provision will not apply to any Claim that was already pending in court before this Arbitration Provision took effect.


Governing Law. The Federal Arbitration Act (“FAA”), 9 U.S.C. 1 et seq., and federal arbitration law apply to this Arbitration Provision. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court in an individual case and must apply and follow applicable substantive law, consistent with the FAA, and the terms of these Terms of Use and any agreement governing the use of the Site and the Services. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final, subject to any appeal rights under the FAA, and may be entered in any court of competent jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision. (If the International Dispute Resolution Procedures apply, other or additional governing law(s) may apply to the resolution of Claims in arbitration. Any disputes concerning the applicable governing laws or choice of law issues shall be decided either by agreement of the parties or by the International Centre for Dispute Resolution (“ICDR”) division of the AAA) or arbitrator.


JURY TRIAL WAIVER. YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.


Arbitration Procedures. Either you or a Transaction Party can initiate arbitration through the AAA or by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If the AAA cannot serve and we cannot agree on a substitute, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and the procedures specified in this Arbitration Provision. Any arbitrator must be a practicing attorney with ten or more years of experience practicing law or a retired judge. Any arbitration will be governed by the then-current Consumer Rules (or other applicable rules), and its Procedures for the Resolution of Disputes through Document Submission (“Document Submission Procedures”). For more information about the AAA and its rules, you may contact the AAA at American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y. 10271, 1-800-778-7879, www.adr.org. The Document Submission Procedures are included in the Consumer Rules. The parties shall pay filing, administrative and arbitrator fees in accordance with the Consumer Rules (or other applicable rules). If you cannot afford to pay your share of the fees and cannot obtain a waiver from the AAA, you can make a written good faith request for a Transaction Party to pay or advance such fees. Each party will bear the expense of its own attorneys, experts and witnesses, regardless of which party prevails, unless applicable law, these Terms of Use or an applicable agreement gives a party the right to recover such expenses from the other party. If the arbitrator determines that any party’s claim or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party if such sanctions could be imposed under Rule 11 of the Federal Rules of Civil Procedure (or other applicable sanctions law). The arbitration will be conducted by a single arbitrator solely based on written submissions and will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. If the parties and the arbitrator agree, the arbitration hearing can be conducted by telephone or video conference or other remote means. If an in-person hearing is necessary, it will be held in the federal judicial district in which you reside or at another location that is reasonably convenient to all parties. (If the International Dispute Resolution Procedures apply, other or additional procedures may apply to the resolution of Claims in arbitration. Any disputes concerning the applicable arbitration procedures, including the venue of any hearing, shall be determined either by agreement of the parties or by the ICDR or arbitrator).


CLASS ACTION WAIVER. You and the Transaction Parties each agree that if arbitration of a Claim is elected, the Claim will be resolved in arbitration (not in court) only on an individual basis and not as a class, collective or other representative action. To the fullest extent permitted under the FAA (or other applicable governing law): (a) no arbitration will be joined or consolidated with any other arbitration unless all parties otherwise agree in writing; (b) there is no right or authority for any Claim to be arbitrated on a class-action, collective action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any Claim to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Transaction Parties and/or you individually.


Miscellaneous; Conflicts; Confidentiality. Even if all parties have opted to litigate a Claim in court, a party may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative, or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. If any portion of this Arbitration Provision is inconsistent with the Consumer Rules (or other applicable rules), with these Terms of Use, or your agreements governing the use of the Services, or with an arbitration provision in any agreement with a Transaction Party, this Arbitration Provision shall govern. The parties shall keep confidential: (i) the fact that any arbitration occurred, (ii) any awards awarded in the arbitration, (iii) all materials used, or created for use in, in the arbitration, and (iv) all other documents produced by another party in the arbitration and not otherwise in the public domain, except to the extent that disclosure is otherwise required by law or is necessary to confirm, vacate or enforce the arbitration award and for disclosure in confidence to the parties’ respective attorneys, tax advisers, and senior management on a need to know basis.


Survival; Amendment; Severance. This Arbitration Provision shall survive termination of the Site and the Services or these Terms of Use or of any agreement into which you enter with a Transaction Party; and, further, you understand and agree that this Arbitration Provision applies not only to these Terms of Use but also to any subsequent agreement (including without limitation any agreement governing the use of Site or Services) into which you enter with a Transaction Party. This Arbitration Provision shall also survive any bankruptcy to the extent permitted by applicable bankruptcy law. We will not amend the Arbitration Provision in a manner that adversely affects your rights or responsibilities in a material manner unless we give you notice and a right to opt out of the amendment and/or the Arbitration Provision in its entirety. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, except that: (a) if the Class Action Waiver is limited, voided or found unenforceable with respect to a Claim that does not seek public injunctive relief and that determination becomes final after all appeals have been exhausted, then this Arbitration Provision (except for this sentence) shall be null and void with respect to such Claim. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (b) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim and that determination becomes final after all appeals have been exhausted, the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.


RIGHT TO OPT OUT: If you do not want this Arbitration Provision to apply, you must send us a notice within thirty (30) calendar days of the date on which you electronically submit an application for a product or service offered by a Transaction Party through the Site or Services. You must send the notice to GameScript at the email address set forth in the “Contact Information” section below. You must provide your name, address, email address, telephone number, and state that you “opt out” of the Arbitration Provision. Opting out will not affect the other provisions of these Terms of Use or any other agreement governing the Site or with a Transaction Party. If you do not opt out, you will be bound by this Arbitration Provision in these Terms of Use and any other agreement governing a Service or with a Transaction Party. Please note that if you enter an agreement with a Transaction Party that contains a different arbitration provision with a right to opt out, opting out of this Arbitration Provision is not a rejection of the arbitration provision in the other agreement. You will need to separately opt out of the arbitration provision in the other agreement if you do not want it to apply.


With respect to all of the foregoing terms of this Arbitration Provision, if the International Dispute Resolution Procedures apply, there may be differences in nomenclature or substance between the procedures specified in this Arbitration Provision and the arbitration procedures utilized or available in a party’s country or jurisdiction. Nevertheless, it is the intent of the parties that Claims be arbitrated if a party has so elected and that the procedures specified in this Arbitration Provision be adhered to as closely as possible and to the full extent permitted by applicable law. Any disputes concerning the rules, procedures or laws to be applied in the arbitration shall be determined either by agreement of the parties or by the ICDR or arbitrator.


  1. CHANGES

You are responsible for reviewing these Terms regularly. Except as set forth in the Arbitration Provision above, GameScript reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Services, these Terms, or any of our policies related to use of the Services. Revisions to these Terms or our policies may be provided through the Services, including by posting the revisions on the Services and updating the “Last Updated” date. Such revisions will go into immediate effect once posted to the Services. Continued use of the Services following such modifications to the Services, these Terms, additional terms and conditions for any service, or our other policies will constitute your acceptance of such modifications and revisions.


  1. PURCHASES

If you wish to purchase any product or service made available through Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. The applicable fees and expenses for any Purchases, including with respect to any Subscriptions (defined below), will be made available to you through the Services either at the time of such Purchase or otherwise by a link to information on the Site or Application. By submitting your payment information and agreeing to these Terms, you accept and agree to such fees and expenses.


You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.


We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.


We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order or other reasons.


We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.


  1. SUBSCRIPTIONS

Some parts of the Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.


At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.


A valid payment method, including credit card or other payment method provided by the Services, is required to process the payment for your subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to such payment instruments.


Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.


  1. FREE TRIAL AND DISCOUNTS

We may, in our sole discretion, offer a Subscription with a free trial or at a discounted or reduced price for a limited period of time (the “Special Offer”).


You may be required to enter your billing information in order to sign up for a Special Offer. If you enter your billing information when signing up for a free trial, you will not be charged until the free trial has expired. For Special Offers other than a free trial, you will be charged at the Special Offer rate and in accordance with the terms of such offer until the expiration of the applicable Special Offer period. On the last day of the Special Offer period, unless you cancel your Subscription such last day, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.


At any time and without notice, we reserve the right to (i) modify these Terms of Use of any Special Offer, or (ii) cancel any Special Offer or the offer thereof.


You may not sign up for multiple free trials using different identification information (names, email addresses, and identities).


  1. FEE CHANGES AND REFUNDS

We in our sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will use commercially reasonable efforts to provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.


Your continued use of the Services after the Subscription fee change becomes effective constitutes your agreement to pay the modified Subscription fee amount.


Except when required by law, paid Subscription fees are non-refundable.


  1. CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, Promotion rules will apply.


  1. VIRTUAL GOODS

The Services may include an opportunity to license a variety of virtual items, such as, achievements, rewards, recognitions, aesthetic enhancements, video content, audio content, and content packs (collectively, “Virtual Goods”). For the avoidance of doubt, Virtual Goods do not include any U.S. Dollars (or other currency) in your account or any virtual chips or representations of the U.S. Dollars (or other currency) available to wager. When you use Virtual Goods within the Services, any Virtual Goods that you have purchased will be deemed used before any Virtual Goods that you have been awarded.


Any award, gift, or purchase of Virtual Goods solely provides you a limited, non-transferable, revocable license to use those Virtual Goods within the Services, which use is subject to your compliance with these Terms. Virtual Goods may never be sold to or redeemed by either GameScript or any other third party for real money, non-virtual goods, or any other item of monetary value. You understand and agree that you have no right or title in Virtual Goods other than the extent of your limited license. Virtual Goods have no economic value and provide no economic advantage or gain to the user.


Any purchase of the limited license for Virtual Goods is final and is not refundable or exchangeable except in our sole discretion. You may not purchase, sell, transfer, or exchange Virtual Goods outside the Services. Doing so is a violation of these Terms and may result in termination of your Account with the Service or legal action to disgorge the proceeds of any transaction in violation of these Terms or to obtain any other available relief.


GameScript retains the right to modify, manage, control or eliminate your limited license with respect to Virtual Goods at its sole discretion. Your limited license with respect to Virtual Goods is unconditionally and automatically forfeited if your Account is terminated for any reason, in our sole discretion, or if we discontinue the Services. Prices and availability of limited licenses for Virtual Goods are subject to change without notice.


  1. MISCELLANEOUS 

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms shall not be given any legal import.


These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware (without regard to provisions relating to conflicts of law), except as to copyright and trademark matters, which are covered by American federal laws. You agree that, if a Claim is not arbitrated, any legal action or proceeding between GameScript and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be resolved individually, without resort to any form of class action, exclusively in the United States District Court for Delaware, or, if there is not subject matter jurisdiction, in the courts of the State of Delaware, and you agree to submit to the jurisdiction of these courts. You waive any venue, personal jurisdiction, and inconvenient forum objections or defenses to such courts. If litigation between GameScript and you arises outside of the United States of America, the exclusive venue for such litigation shall be London, United Kingdom, unless the parties agree otherwise.


These Terms of Use are not assignable, transferable, or sublicensable by you except with GameScript’s prior written consent.


GameScript may assign its rights and duties under these Terms of Use at any time without notice to you.


No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.


  1. CONTACT INFORMATION

If you need to contact us regarding this Site, the Services or these Terms of Use, please reach out to us:


By mail:

Gamescript Limited

2nd Floor, Sir Walter Raleigh House, 48-50 Esplanade

St Helier, JE2 3QB, Jersey


By email: [email protected]


  1. RESPONSIBLE GAMING POLICY

YOU SHOULD ALWAYS PLAY LEGALLY, RESPONSIBLY AND FOR ENTERTAINMENT ONLY.


If you or someone you know has a gambling problem, call 1-800-GAMBLER.


Responsible gaming means enjoying sports betting purely for fun in States where it is legal and regulated. There is no one-size-fits-all to budgeting as everyone’s risk tolerance and entertainment budget is different. You can establish your own limits by developing a set of personal guidelines to determine when and how much to wager. See How Much Should I Wager?. Once you set your budget, stick to it.


Legal, state-regulated sports betting operators provide users with additional tools within their platform so that users can set firm limits on their use of their sports betting account. Types of sports betting limits that can be available include:

  • Deposit Limits – Setting a deposit limit would restrict the amount of money that a user can deposit into their account over a set period of time.

  • Spending Limits – Setting a spending limit would restrict the amount of money that a user can wager in the aggregate over a set period of time.

  • Wager Limits – Setting a wager limit would restrict the maximum amount of money that a user can place on a single wager.

  • Cool Off Periods – Setting a cool off period would establish a period of time during which a user would take a break from wagering in the account. You would be able to wager again after the expiration of the cool off period.

  • Session Timers – Setting a session timer would limit the maximum time usually measured in hours during which a user can be active in their account over a set period of time.


State regulators and legal, state-regulated sports betting operators also offer users the option to exclude themselves from establishing, maintaining or using an account for sports betting by enrolling in the state’s self-exclusion list. These self-exclusion lists enable individuals to voluntarily restrict their gambling privileges and play a significant role in their recovery journey. A person who has enrolled in a self-exclusion list and individuals who are under the age of 21 may not place sports bets and operators may not accept sports bets from such individuals.


Responsible Gaming Help and Resources


National Resources


Additional Resources in Certain States

  1. Arizona

  1. Colorado

  1. Illinois

  1. Indiana

  1. Iowa

  1. Kansas

  1. Kentucky

  1. Louisiana

  1. Maryland

  1. Massachusetts

  1. Michigan

  1. New Jersey

  1. North Carolina

  1. Ohio

  1. Pennsylvania

  1. Tennessee

  1. Virginia

  1. West Virginia