TERMS & CONDITIONS

Last Updated: December 12, 2017

Game Play Network, Inc. (“b spot”) operates an advance deposit wagering service that it makes available to eligible consumers in certain authorized states by way of: (i) the web site located at https://www.bspot.com (the "Website"); (ii) the b spot mobile application (the "Mobile Application"); and (iii) b spot's proprietary application programming interface that integrates with certain trusted third party applications. As used herein, the term "Service" refers collectively to all means and methods by which a consumer may: (i) become an approved user of b spot's advance deposit wagering service; and/or (ii) utilize the advance deposit wagering service to place wagers and/or use other features and functionalities offered via the Service.

These Terms of Use (the “Terms of Use”) describe the terms and conditions applicable to the use of the Service. This is a legal agreement and it is important that you read and understand exactly what you are agreeing to before you click the “I AGREE” button. By visiting or accessing the Service, you represent and warrant that you are eighteen (18) years of age or older, can form legally binding contracts under applicable law, and agree to be bound by these Terms of Use and to all applicable laws, statutes and ordinances. If you have any questions about this Agreement, you can reach us at support@bspot.com .


1. ACCEPTANCE OF TERMS

These Terms of Use, as amended from time to time, comprise a legal agreement between you (“you” or “User” or “Account Holder”) and b spot. You must read and agree to these Terms of Use in order to create an account and before you use the Service. By registering for and/or using the Service in any manner, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, do not use or access the Service.

When you create a user name and password via the Service, you will be required to agree to the Terms of Use and b spot's Privacy Policy. If you do not affirmatively agree to the Terms of Use and the Privacy Policy, you will not be able to create an account and apply for an advance deposit wagering account. Some features offered through the Service may be subject to additional terms and conditions promulgated by b spot from time to time; your use of such features is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

2. REGISTRATION AND ELIGIBILITY

Use of the Service is subject to all applicable State and Federal laws and regulations and can only be used by natural persons who are twenty one (21) years of age or older. By registering for an account or using Service, you represent and warrant that: (a) you are a natural person who is twenty one (21) years of age or older; (b) you are a United States citizen or resident alien: (c) the residential address you provided is true and correct and that you are a resident of the state associated with such residential address; (d) all registration information you submit is truthful and accurate; (e) at all times you will maintain the accuracy of such information including name, primary residence address, email address and phone number by contacting b spot Player Services; and (f) your Account is only for your own personal use and you will not: (i) use your Account in connection with a commercial business or otherwise for commercial purposes; and (ii) allow others to access or use your Account. If your primary residence address changes, you agree not to use your b spot account until after b spot has verified the new address. b spot may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

3. USER ACCOUNTS

  • 3.1 Account Creation
    To use the Service, you will be required to create a user account (“Account”). To open an Account, a User must be legally allowed to open a pari-mutuel advance deposit wagering account and not otherwise be disqualified by these Terms of Use or applicable state law. You authorize b spot to open a pari-mutuel advance deposit wagering account in your name and to place wagers as instructed by you and manage funds on your behalf. You also authorize b spot to use third party services to authenticate your Account information. You agree that you may create and have only one Account. b spot does not permit or recognize the transfer of an Account from one User to another User. Therefore, you may not assign or transfer your Account, either in whole or in part, without the prior written consent of b spot. Any attempt to do so in violation of this requirement shall be void and of no effect. Funds are not transferrable between Account Holders. 

  • 3.2 Account Security 

    • Password Access. You are fully responsible for maintaining the confidentiality of your password, and for any and all activities that occur in association with your account, whether or not authorized by you. You may not use anyone else's account and you may not allow anyone else to use your account. You agree to notify b spot immediately of any compromise of your password, unauthorized use of your Account, or any other breach of security and to provide properly documented evidence of such compromise or breach as requested by b spot. You agree that you will be liable for losses incurred by us or another party due to someone else using your Account or password. You agree that b spot will not be liable for any loss you may incur as a result of someone else using your password or Account, either with or without your knowledge. Biometric Verification. The Service may allow you to access and authenticate your Account via the transmission of certain biometric information instead of typing in your account password. Biometric verification is any means by which a person can be uniquely identified by evaluating one or more distinguishing biological traits. Unique identifiers include fingerprints, hand geometry, earlobe geometry, retina and iris patterns, voice waves, DNA, and signatures. The Service currently integrates with the Apple, Inc. TouchID Service and may integrate in the future with other biometric login/authentication services made available by mobile device operating system providers (collectively a “Biometric Authentication Service”). If the operating system for your mobile device contains a Biometric Authentication Service and b spot's Service has integrated that particular Biometric Authentication Service, you may elect to enable the Biometric Authentication Service in using the b spot Service. If you choose to enable the Biometric Authentication Service in connection with your use of the b spot Service, your use of the Biometric Authentication Service shall be governed by the following terms and conditions.

      1. You are not permitted to enable the Biometric Authentication Service in connection with the Service if any fingerprint besides your own is registered on the device. To help keep your account secure and to help prevent unauthorized access or transactions, you agree that only your fingerprint is registered to use the Biometric Authentication Services on your device.

      2. If you choose to enable the Biometric Authentication Service in connection with your use of the b spot Service, any registered fingerprint can be used to sign into the Service and access your account. Signing into the Service via the Biometric Authentication Service will have the same effect as signing in using your account password.

      3. You are responsible for any transactions on your b spot Account that are authorized through the Biometric Authentication Service and/or for any access to the Service authorized through the Biometric Authentication Service. We will not be responsible to you for any losses that may result from the b spot Service being signed into or accessed through the Biometric Authentication Service by a fingerprint that does not belong to you. It is important that no other person is registered or authorized to use the Biometric Authentication Service on your device.

      4. The Biometric Authentication Service is a service offered by your mobile device's operating system provider and as such b spot is not responsible for your use or inability to use the applicable Biometric Authentication Service. b spot does not endorse or warrant the use of any Biometric Authentication Service. b spot does not collect or store fingerprint data and is not provided this data by the applicable Biometric Authentication Service.

  • 3.3 Account Funding General Terms
    b spot allows Account Holders to fund their Accounts multiple ways, including ACH, credit/debit cards, and potentially other funding mechanisms (each a “Funding Source”). You understand and agree that, if you fund your Account through a particular Funding Source, all withdrawals from your Account and all return of funds to you by b spot shall be made via the same Funding Source that you used to fund your Account, unless another disbursement method is required pursuant to Section 3.6 of these Terms of Use. Account deposits will be made available for Your use in accordance with normal financial industry availability standards. Your account balance bears no interest and Account deposits may be subject to deposit fee charges. Users can check account balances through the Service. 

    • Electronic Signature and ACH Authorization. If you elect to fund your Account by depositing amounts from your personal bank account, the terms of this Section 3.3(a) and Section 3.3(b) below (and any additional ACH Terms of Use posted on the Service) shall apply to your use of the automated clearing house (“ACH”) payment system. By choosing your personal bank account as your deposit method, you agree that: (i) you have read, understood, and agree to the terms and conditions set forth in this Section 3.3 (and any additional ACH Terms of Use posted on the Service); (ii) your agreement to the ACH terms and conditions constitutes a writing signed by you under any applicable laws or regulations; (iii) you consent to the electronic delivery of the disclosures contained in the ACH terms and conditions; and (iv) you authorize b spot (or b spot's payment processing vendor for ACH transactions) to make any inquiries we consider necessary to validate your account, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. Further, you hereby authorize b spot or b spot's payment processing vendor for ACH transactions to: (i) initiate a debit, in the amounts indicated by you from time to time and at your request, from your personal checking account in the depository financial institution identified by the routing number supplied by you and to deposit the debited amount into your Account; and (ii) initiate a credit, in the amounts indicated by you from time to time and at your request, to your personal checking account in the depository financial institution identified by the routing number supplied by you and to deposit the designated amount into your personal bank account by withdrawing the corresponding amount from your Account. You agree that you cannot and will not use any bank account associated with or controlled by any business in connection with funding your Account or withdrawing amounts from your Account. 

    • Returned Items. You acknowledge that b spot (or b spot's payment processing vendor for ACH transactions) may charge you a returned item fee of twenty five dollars ($25.00) or such higher amount as determined by b spot's payment processing vendor for ACH transactions (the “Returned Item Fee”) if your bank account has insufficient funds to cover any transaction initiated by you to deposit funds into your Account. You authorize b spot (or b spot's payment processing vendor for ACH transactions) to collect the Returned Item Fee from other forms of payment you have previously used to make deposits into your Account. Additionally, you understand and agree that b spot reserves the right to suspend your Account until such time as you have paid all Returned Item Fees to b spot or b spot's payment processing vendor for ACH transactions. 

    • Credit Card Transactions. The Service may allow you to fund your Account by making a deposit via a credit card. In such event, please be aware that your credit card issuer may consider such a deposit to be a cash advance transaction that subjects you to additional costs and/or fees under your agreement with your credit card issuer. b spot is not liable for any fees or costs imposed on you by your credit card issuer. 

    • Other Funding Instruments or Mechanisms. The Service may allow you to fund your Account by making a deposit via other funding instruments or mechanisms (collectively an “Other Funding Mechanism”). Your use of an Other Funding Mechanism will be governed by the terms and conditions imposed by the applicable Other Funding Mechanism and nothing herein shall modify, amend, or supersede your agreement with the applicable Other Funding Mechanism. 

    • To the extent that you provide b spot payment information, you represent that you are an authorized user of the chosen method of payment, and that all payment information you provide, including but not limited to your name, credit card or other payment account identifying number, expiration date, security codes, billing address, and any other payment information will be current, complete, true, and accurate. 

  • 3.4 Account Suspension and Termination
    b spot reserves the right, at its sole discretion, to terminate and close an Account for any reason whatsoever and without explanation. In the event an Account is terminated and closed, b spot shall return to you the balance of any funds in your Account at the time of termination and closure, together with a closing Account statement. Likewise, you retain full discretion to end or terminate your Account and discontinue use of the Service at any time. If a User moves to a state where wagering services are not available, b spot shall be required to terminate the Account and return all remaining funds. In the event an Account is terminated, b spot shall return to you the balance of any funds in your account at the time of termination. 

  • 3.5 Tax Reporting and Withholding
    b spot will report wager winnings and withhold taxes in accordance with applicable federal and state law. If a User Account is subject to IRS reporting and/or withholding requirements, b spot will send a Form W2-G summarizing information for tax purposes. Upon written request, b spot will provide a User with summarized tax information on the User's wagering activities. Pursuant to these reporting requirements, you agree to indemnify and hold harmless b spot for any claims, demands, liens or judgments based on non-payment or underpayment of such taxes. You hereby grant to b spot a priority lien and security interest in all of your right, title and interest in and to the proceeds of any wager to the extent required to satisfy any taxing authority claims or liens. You agree to file any financing statements or other appropriate document with the relevant governmental authorities to assure the validity, priority and enforceability of the claim or lien. You shall not grant a lien or security interest on the proceeds of any wager to any third party without the prior written consent of b spot. You are responsible for the payment of all applicable sales, use, gaming or other taxes for use of the Service and/or wagers placed via the Service. 

  • 3.6 Account Withdrawals
    Requests for withdrawals can be made via the Service, by mail to Player Services, 14725 SW Millikan Way, Beaverton OR 97006 or by e-mailing support@bspot.com . In connection with withdrawal requests, b Spot will disburse remaining Account funds to the Account Holder via the same Funding Source (as defined in Section 3.3) that the Account Holder used to fund his/her Account, unless: (i) regulatory requirements mandate a different disbursement method; (ii) the original Funding Source does not allow for incoming deposits; (iii) b Spot in its discretion agrees to a different disbursement method upon the request of the Account Holder; or (iv) the withdrawal request is made by mail. Withdrawal requests by mail will be processed within five (5) business days and paid by check in the registered name of the Account Holder and mailed to the verified residence address of the Account Holder. With respect to account withdrawal requests made by phone, e-mail, or through the Service, b spot will use commercially reasonable efforts to process such requests within five (5) business days. 

  • 3.7 Account Statement
    Users may access their transaction history/account statement via the Service or by contacting b spot Player Services by phone at 844.462.7768 or via e-mail at support@bspot.com . Account statements will only be delivered to the verified residence address or email address on file. b spot reserves the right to place time limitations on b spot's maintenance of account history information provided that such time period complies with applicable law. 

  • 3.8 Dormant Accounts
    b spot reserves the right to deactivate your Account if there is no wagering activity for twelve (12) consecutive months or, in the event that an inactive Account has funds on deposit, to assess a minimal account maintenance service charge of no more than two dollars ($2.00) per month, until the account is no longer inactive or the balance reaches zero and the Account is closed, whichever occurs first. In the event the balance of any funds in your Account at the time of termination and closure is less than two dollars ($2.00), the balance will not be credited to you and will be retained by b spot as an Account termination processing fee. 

  • 3.9 Communications
    By providing your e-mail address and telephone number to b spot, you authorize b spot to communicate with you via e-mail and/or telephone. From time to time, b spot may contact you via e-mail, push notifications, and/or telephone regarding: (i) your transactions with b spot; (ii) promotions relating to the Service; (iii) changes or upgrades to the Service; (iv) additions to the b spot mobile games network; (v) new payment instruments or modifications to existing payment instruments; and/or (vi) updates or modifications to the b spot Terms of Use and/or Privacy Policy. You may unsubscribe at any time to future promotional e-mails by following the directions contained in such e-mails or as set forth in the b spot Privacy Policy. Even if you opt out of receiving future promotional e-mails, b spot will continue to maintain the right to send you e-mails and push notifications regarding your use of the Service and/or transactions that you authorized via the Service. 

4. WAGERING PROCEDURES

You may use your b spot Account to place wagers through our traditional ADW interface (“b Racing”) where you specify the amount and type of wager, along with the relevant horse(s) and race(s). You may also use your Account to place wagers through the Service's Games interface, where you specify the amount of your wager, but request that b spot generate the remaining wager details for you to confirm. Results of wagers placed through the Service's Games interface are revealed to you by playing free on-line or mobile games that are included in b spot's games portfolio. The specific terms applicable to wagering via the Service's Games interface are outlined in Section 4.2 below.

  • 4.1 Terms Applicable to All Wagering 

    • You understand that all wagers placed from your Account will be combined and merged with all other wagers in commingled pools at the host racetrack conducting the race and are subject to host track rules and restrictions. All wagers placed will be in US Dollars. In the case of multiple wagers such as a daily double or an exacta box, the base wager is multiplied by the number of combinations to determine the amount of the total wager. Wagers will only be accepted in amounts that do not exceed the current balance of a User's wagering account. All wagers confirmed by you will be withdrawn from your Account prior to submission of the wager. b spot reserves the right to refuse any wagering transaction for any reason. 

    • b spot does not allow for the cancellation of any wagers once the wagers have been confirmed in accordance with the Service's confirmation process. By placing a wager through b spot, you agree to the recording of all Account transactions including any calls made to b spot business or customer service offices. 

    • Geo-Location Checks and Location Services Data. By using the Service, You hereby authorize b spot and any relevant hardware manufacturers and associated vendors to verify your location coordinate data. If you have disabled the location services settings or functionality on your mobile device, b spot may not be able to verify your location and in such event b spot reserves the right to prevent you from using the Service. b spot uses geo-location checks and location services data to comply with b spot's advance deposit wagering licenses and applicable law. 

  • 4.2 Terms for Wagering Via the b spot Games Interface
    Before you may place wagers through the Service's Games interface, you must carefully read, understand, and agree to the following additional terms. If you do not fully understand and agree to any of the following terms, you should not wager via the Service's Games interface. 

    • By placing wagers through the Service's Games interface, you authorize b spot to use its proprietary algorithms to: (i) generate a mix of wagers on your behalf having an aggregate dollar value equaling the total amount you have chosen to wager; or (ii) generate a single wager on your behalf equaling the total amount you have chosen to wager (collectively referred to herein as the “Wagering Mix”). 

    • The Wagering Mix may consist of one or more of the following types of wagers: Win, Place, Show, Win-Place-Show, Exacta, Quinella, Trifecta, Superfecta, Daily Double, Pick 3, Pick 6, or such other wager types or categories that may be available in the applicable jurisdiction. The wagers will be identified for wagering pools on an upcoming scheduled race(s) to be run at a b spot partner racetrack for which the identified wagering pools are available. 

    • You understand and acknowledge that the Wagering Mix generated by b spot is provided solely as a mechanism to streamline the wagering process for individuals who seek a simpler method of wagering, and is not intended to handicap or provide higher probability of winning more money as compared to any other method of selecting wagers. You understand and agree that, as with any wagering activity, you may lose up to the entire amount wagered when using our Service. 

    • Once the Wagering Mix has been generated, you can: (i) review the full wager details of each wager in the proposed Wagering Mix by clicking on the “Wager Details” link prior to confirming the wagers; and (ii) review the Program details for the wagers in the Wagering Mix. If you wish to change the Wagering Mix, you may do so by pressing the “reshuffle” button to generate a new set of wagers. You understand and acknowledge that, by pressing the “confirm” button, you are agreeing to and adopting the wagers identified in the Wagering Mix and instructing b spot to place those wagers for you. You must confirm before any wagers will be placed. Once you confirm, your wagers are placed and cannot be cancelled or modified. 

    • Substitute Wagers. Due to technical or other reasons, b spot may not be able to place one or more wagers in your Wagering Mix (an “Unavailable Wager”). The following provisions shall govern b spot's placement of a substitute wager in the event of an Unavailable Wager. 

      • With respect to those Users who have elected not to see “Wager Details” in connection with wagers placed by such Users, the clicking of the “Confirm Wager” button shall authorize b spot to do one of the following in the event of an Unavailable Wager: (1) b spot may place a substitute wager for the same amount as the Unavailable Wager and in a similar pari-mutuel wagering pool type; or (2) b spot may refund the amount of the Unavailable Wager to the applicable User's Account. 

      • With respect to those Users who have elected to see “Wager Details” in connection with wagers placed by such Users, such Users may opt out of b spot placing a substitute wager in the event of an Unavailable Wager by clicking on the button immediately above the “Confirm Wager” button. If such Users do not click the opt-out button above the “Confirm Wager” button, the clicking of the “Confirm Wager” button shall authorize b spot to place a substitute wager for the same amount as the Unavailable Wager and in a similar pari-mutuel wagering pool type. 

    • You understand and acknowledge that the winnings or losses that are revealed to you through playing one or more of the games in the b spot games portfolio are determined solely by the results of the pari-mutuel wagers that were placed. The level of skill you exercise in playing the games or other game mechanics have no bearing on and do not in any way affect the total amount of money you win or lose. The games are merely an entertaining mechanism to display the results of your completed wagers. 

    • By choosing to place wagers via the Service's Games interface, you authorize b spot and b spot's game developer partners to (1) reveal the results of your wagers to you, and (2) enhance said results by adding cash, virtual rewards or other consideration to your b spot Account, with or without prior notice, and whether as part of a marketing promotion or player bonus program or for any other reason (collectively, “Discretionary Cash Contributions”), and the case of both (1) and (2), at such time(s) and in such manner as b spot determines, in its sole discretion. Once you complete the chosen game(s) and elect to reveal the full dollar amount of the actual wager, the total winnings for your wagers, if any, will be fully revealed to you. In the event of a technical failure in any of the games in the b spot games portfolio or the Service that prevents you from revealing any portion of the results of your wager(s), you authorize b spot to utilize an alternative reveal mechanism to communicate or deliver the results of your wager(s) to you. 

    • You understand and agree that, although the proceeds from successful wagers will be deposited into your Account as soon as each race is posted official and winning payouts are available from the host racetrack, when you elect to use the Service's Games interface the amounts you have won will only be displayed in your b spot Account balance after such amounts have been revealed to you in the games you have elected to play via the Service's Games interface. You understand, however, that at any point in time you can opt to forego revealing the results of your wagers through game play by using the “Play All” function. The Play All will instantly display to you and reflect in your Account balance the entire results of all your wagers. In the event of a technical failure in any of the games in the b spot games portfolio or the Service that prevents you from revealing any portion of the results of your wager(s), you authorize b spot to utilize an alternative reveal mechanism to communicate or deliver the results of your wager(s) to you. 

    • The Service may notify you of the estimated time when your wager results will be available to be revealed by you via the Games interface. b spot shall have no liability whatsoever if the estimated time communicated to you is incorrect. 

  • 4.3 Biggest Jackpot Displays 

    • Background. Certain sections of the Service may display the “biggest jackpot” in the last 30 days for one or more of the wager denominations made available via the Service. When we display the “biggest jackpot” in the last 30 days for a given wager denomination, we are referring to the highest payout wager in that wager denomination over the last 30 days. It's important to remember that each wager denomination consists of multiple individual wagers. As an advance deposit wagering operator, we receive pari-mutuel wagering pool data from a 3rd party totalizator service, which includes pool payout data. We review the payout data for pari-mutuel wagering pools with respect to horse races on which we are allowed to place wagers on behalf of our players. 

    • Calculation Methodology. To determine the biggest payouts for the prior 30 racing days, we follow the following process: 

      • First, we exclude certain payouts if the pool total for that payout equals or is less than the payout (adjusted to $1) multiplied by the amount of the corresponding highest payout exotic wager included in our wager denominations. For example, this may occur when a very small winning wager (e.g., a 10 cents winning wager) in a small pool total produces an abnormally high payout rate adjusted to $1 for a pool total of that size.

      • Using the remaining payouts, we determine the biggest payouts over the prior 30 racing days (the 30 racing days immediately preceding the date of your wager with racing days defined by our 3rd party totalizator service) for each highest payout exotic wager included in the wager denominations for which we display a “biggest jackpot.” The data we receive from the totalizator service may include multiple base amounts (10 cents, $1, $2, etc.) for the payout data so we then adjust this data to $1 in the process of determining the biggest payouts over the prior 30 racing days for the highest payout exotic wagers in the wagering denominations for which we display “biggest jackpot” payouts.

      • We then multiply these biggest payout numbers by the wager amount of the highest payout exotic wager in the wager denominations for which we display “biggest jackpot” payouts. The resulting numbers are the numbers we display as the “biggest jackpots” in the prior 30 days.

      • We update the displayed biggest jackpot numbers on a daily basis.

    • Things to Remember. We display the biggest jackpot payouts over the prior 30 racing days for each wager denomination as a benefit to our players. Please remember, however, that these are the biggest jackpots from previous horse races that already occurred and are not intended to be predictions or guarantees of payouts for your wager or for future horse races. The amount of the biggest jackpot over the prior 30 racing days fluctuates based on a number of factors, including the size of the pari-mutuel wagering pool, the number of winning wagers in the pool, and the denomination/amount of the winning wagers. Additionally, payouts for particular horse racing pools may be impacted by the rules of the track holding the race, including the rules relating to dead heats, scratches, consolation prizes etc. It is important to remember that individual wager results will vary. In a small percentage of cases, a wager denomination having a corresponding “biggest jackpot” displayed may not include a high payout wager because such type of wager was not available at the time the wager was processed. In these limited cases, the wager denomination will not have a “jackpot” component as a result of the unavailability of the high payout wager at the time the selected wager denomination was processed. 

5. INTELLECTUAL PROPERTY

  • 5.1 b spot Content
    The Service contains, displays, and/or otherwise makes available certain software, illustrations, documentation, information, music, pictures, images, text, photographs, animations, three-dimensional models, videos, audio, content, and other digital material and assets (collectively the “Content”). All Content is protected by both United States law as well as the laws of various international jurisdictions, including, but not limited to copyright law, trademark law, patent law, trade secret law and various governmental treaties. b spot (or its' applicable licensors) owns all right, title, and interest in and to the Content. You acknowledge and agree that, except for the express and limited license rights granted by b spot to you hereunder, b spot reserves any and all of its rights in and to the Content. Nothing herein is intended to transfer or assign to you any ownership or beneficial rights in and to the Content. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. 

  • 5.2 License Grant
    b spot hereby grants you a non-exclusive, non-transferable, limited right license to access, use and display the Service specifically for personal, non-commercial use only. This license is fully and completely revocable at any time by b spot, with or without notice and for any or no reason. b spot makes no warranty as to legality, suitability, or use of the Service and limited license granted herein and you acknowledge, agree, and otherwise consent that b Spot shall have no liability arising from or in connection with your use of the Service. 

  • 5.3 License Restrictions and Prohibitions
    You shall not undertake any of the following activities in using the Service: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Service in any way inconsistent with the rights of use provided by the license herein; (ii) remove or obscure any patent, copyright, trademark, or other proprietary rights notices relating to the intellectual property or other property of b spot or its licensors; (iii) attempt to access source or object code of the Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) attempt to disable any digital rights management or copy protection aspects of the Service, not already specifically prohibited by existing laws; (vi) create code, software or other program that incorporates any elements of the Service; (vii) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial, without the express written permission of b spot; (viii) interrupt or attempt to interrupt the operation of the Service in any way; and/or (ix) transmit code, data, or files that contain malicious code or that may in any way damage or interfere with the operation of the Service, other Users' access to the Service, and/or other Users' computers. 

  • 5.4 Trademarks
    The Service contains, displays, and/or otherwise depicts certain trademarks, service marks, logos, and/or other indicia of origin (collectively “Trademarks”) owned by b spot or b spot's partners and vendors. You shall not use, reproduce, or otherwise exploit any Trademarks or any similar derivations of any Trademarks. 

6. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY; INDEMNIFICATION

  • 6.1 For the purposes of this Section 6, “b spot” means collectively Game Play Network, Inc. and its parent and affiliated companies along with their directors, officers, employees, shareholders, and commercial partners who provided services relating to the Service. 

  • 6.2 Disclaimer of Warranties
    TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, B SPOT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

  • 6.3 Limitations of Liability
    You acknowledge and agree that your exclusive remedy for any dispute with b spot is to stop using the Service and to cancel your account. In no case shall b spot's liability to you exceed the amount that you paid to b spot or its designees for the applicable transaction giving rise to any such liability or $500.00, whichever is lower. In no case shall b spot be liable for any special, incidental, indirect, punitive or consequential damages arising from your use of the Service or for any other claim related in any way to your interactions with b spot. b spot reserves the right to terminate, suspend, or change any aspect or feature of the Service at any time, for any reason or no reason, with or without notice to you. You agree that b spot shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change. 

  • 6.4 Third Party Services/Functionalities
    Certain information available through the Service, including but not limited to wagering and race information, may have been provided by independent third party information suppliers. b spot is not responsible for the accuracy, currency, or reliability of such information, and the inclusion of such information in the Service shall not be deemed an endorsement or recommendation of any third party or constitute any representation as to a third party's qualifications, services, products, offerings, information or any other content. You acknowledge that under no circumstances will b spot be liable for any loss or damage caused by your reliance on such third party information. 

  • 6.5 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of b spot shall be limited to the fullest extent permitted by law. 

  • 6.6 Indemnification
    You agree to defend, indemnify and hold harmless b spot from and against all claims, losses, costs and expenses (including without limitation court costs and attorneys fees) arising out of: (a) your use of, or activities in connection with the Service; and/or (b) any violation of these Terms of Use by you or through your Account. The foregoing indemnification obligation shall survive termination of the Terms of Use and your Account. 

  • 6.7 California Residents
    Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 

7. DISPUTE RESOLUTION

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use. You and b spot agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.

You hereby specifically acknowledge, agree and consent that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to these Terms of Use or the Service will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. b spot will send its notice to your billing address and email you a copy to the email address you have provided to us. You may send any notice to b spot to the address listed below.

If the Dispute is not resolved through informal negotiations, the Dispute (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration before a sole arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you and shall be governed by the Commercial Arbitration Rules and Procedures of the American Arbitration Association then in effect. For residents outside the United States, any arbitration shall be initiated in Los Angeles, California, using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association (“AAA”) then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by an arbitrator rather than a court. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this DISPUTE RESOLUTION section.

The parties agree that any arbitration shall be limited to the Dispute between you and b spot individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

8. JURISDICTION AND CHOICE OF LAW

To the extent not covered by the Dispute Resolution provisions above, any disputes between you and b spot shall be subject to the exclusive jurisdiction and venue of the courts located in the State of Oregon, and shall be governed by, and will be construed under, the law of the United States of America and the law of the State of Oregon, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that if you choose to access the Service from outside of the United States, other laws may apply and those laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.

9. GENERAL TERMS

  • 9.1 Modification of Terms of Use
    b spot may notify you of any modifications to these Terms of Use in connection with your sign-in to use the Service or through other means as determined by b spot in its discretion. Such modifications will be effective immediately, and will apply to disputes arising under the Terms of Use from the date of posting of the modified Terms of Use forward. Your continued use of the Service after a modification has been made to the Terms of Use constitutes your acceptance of such modification. 

  • 9.2 Assignment
    b spot may assign these Terms of Use, in whole or in part, at any time. Notwithstanding the foregoing, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without b spot's express prior written consent. 

  • 9.3 Severability
    If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. 

  • 9.4 Complete Agreement
    These Terms of Use, including the b spot Privacy Policy and any other documents expressly incorporated herein by reference, constitute the entire agreement between you and b spot with respect to your interactions with b spot and/or your use of or access to the Service. These Terms of Use supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and b spot with respect to its subject matter and you represent that you have not relied on any such communications in accepting these Terms of Use. 

  • 9.5 Jurisdictional Issues and Export Control Laws
    The Service is controlled and operated by b spot from its offices within the United States. b spot makes no representation that the Service is appropriate, legal or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree not to use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was obtained. Without limited the foregoing, the Service may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries (currently Cuba, Iran, Myanmar (Burma), North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By accessing and using the Service, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list. 

  • 9.6 Links to Third Party Sites
    The Service may link to third party sites (“Linked Sites”). These Linked Sites are not controlled by b spot and b spot is not responsible for the information on the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. b spot provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by b spot of any Linked Site. 

  • 9.7 Regulatory Compliance
    b spot's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of b spot's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service. 

  • 9.8 Force Majeure
    Notwithstanding anything else in these Terms of Use, no default, delay or failure to perform on the part of b spot shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control. 

  • 9.9 Waiver
    No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. 

  • 9.10 Remedies
    The parties hereby acknowledge and agree that b spot would be irreparably damaged if these Terms of Use were not specifically enforced. Therefore, b spot shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies as b spot may otherwise have available to it under applicable laws. 

  • 9.11 Contact
    You may contact b spot at the following address: b spot, 10866 Wilshire Blvd., Suite 700, Los Angeles, CA 90024, Attention: General Counsel 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS OF USE.

If at any time you wish to obtain an additional copy of the above Terms of Use, you may review and/or print the Terms of Use by: (i) visiting the web site located at www.bspot.com and clicking on the Terms of Use hyperlink on the footer of the home page; and/or (ii) logging into the Service, going to Settings, and clicking on “Terms of Use.”