Terms of Service

TokenTourney LLC – Terms of Service

This Terms of Service (the “Terms”) is a binding agreement between you (”End User” or “you”) and TokenTourney LLC (“TokenTourney”). These Terms govern your use of TokenTourney’s websites available at www.tokentourney.io and www.tokentourney.com (collectively, the “Site”), and the TokenTourney mobile application (the “App”) and the fantasy sports and gaming services made available through the Site or App (together with the Site, the “Services”). The Services are licensed, not sold, to you.

BY CLICKING THE BOX TO INDICATE ACCEPTANCE, BY USING THE SITE, OR OTHERWISE USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND PARTICIPATE IN DAILY FANTASY SPORTS IN YOUR JURISDICTION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THE TOKENTOURNEY PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND CEASE USE OF THE SERVICES.

1. License Grant

Subject to these Terms, TokenTourney grants you a limited, non-exclusive, and nontransferable license to use the website for your personal, non-commercial use on devices owned or otherwise controlled by you and to use the Services strictly in accordance with these Terms.‌

2. Modification to these Terms and the Services

TokenTourney may, at its sole discretion, change these Terms, including the TokenTourney Privacy Policy, from time to time. If changes occur, we will post the updates on our Site or App, as applicable. Updated versions will never apply retroactively and will give the date they go into effect. We recommend that you check the Terms and Privacy Policy periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.

Additionally, TokenTourney reserves the right to modify, suspend, or discontinue the Services, whether temporarily or permanently at any time for any reason. You agree that TokenTourney shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to Site or App in order to continue to use the Services. TokenTourney may also impose limits on certain features and services, restrict your access to parts or all of the Services, and suspend or terminate End Users without notice or liability.

3. Communications

You consent to accept and receive communications from us, including e-mail. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services.

4. TokenTourney Account

You may access the Site without registering for an account, but as a condition of using certain aspects of the Services, including your ability to participate in any Contest (defined herein), you are required to create an TokenTourney account (an “Account”). You may only have one active Account at a time.

You are solely responsible for maintaining the confidentiality of your Account, username, password, and any other sign in credentials, and for restricting access to your devices. You hereby agree to accept responsibility for all activities, charges, and damages that occur under your Account. If you discover any unauthorized use of your Account, or other known account-related security breach, you must report it to TokenTourney immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. TokenTourney cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

5. Contests

TokenTourney offers certain tournament style fantasy gaming contests via the Services (each a “Contest”). Each Contest will be subject to its own rules (“Terms and Conditions”). You can find our Contest Terms and Conditions for the Contests we provide inside the mobile application on the purchase screen.

You acknowledge that TokenTourney does not control the results of any particular game, event, or competition in connection with any Contests or questions related thereto within any given round. In the event any game is cancelled, delayed, or otherwise altered, or the person related to any given question (usually the particular athlete) does not participate, in whole or in part, in the applicable game, event or competition due to injury or otherwise, that this is entirely outside of TokenTourney’s control. In any such event, TokenTourney will take reasonable measures to mitigate the effects such event has on any particular Contest, at TokenTourney’s sole discretion. For example, in the event a game related to one of the questions in the round of a Contest is cancelled due to weather, that question could be omitted from the round, and the round scores are based on the remaining games that were able to be played.

TokenTourney offers multi-round tournament style fantasy sports Contests with unique high-value memorabilia, merchandise, experience based, or cash grand prizes at the end of each Contest (each a “Prize”) and gives contestants the opportunity to sell out of Contests prematurely for cash in accordance with Contest rules (see Seller Fees below). TokenTourney users must purchase a spot (“Spot”) by providing TokenTourney an entry fee to enter to a desired Contest (“Entry Fee”); once a Spot is purchased, the owner of each Spot becomes a Contest “Participant.” Each Spot represents a Participant owner’s place in a Contest, which Participants may freely sell on the TokenTourney market (the “TokenTourney Marketplace”) before and in-between Contest rounds, or even after the conclusion of a Contest. Alternatively, Participants may hold onto their Spot for multiple rounds to participate in a Contest for a period of time, or for the entirety of the Contest. A Participant’s decision to sell out of a Contest early by listing their Contest Spot on the TokenTourney Marketplace or compete for the applicable Prize is at the discretion of each Contest Participant provided such action is not otherwise restricted by the Contest Rules. If a Participant chooses to list their Spot on the TokenTourney Marketplace, the list price is up to the Participant seller (see Payment section for more details). While TokenTourney plans to offer both free and real money Contests, this section only applies to real money Contests, as the free Contests do not implicate gambling laws or skill gaming restrictions.

The TokenTourney Contest gameplay functions as follows:

Upon launching the App or Site, a logged-in End User is invited to participate in a free-to-play Contest, or a paid Contest for an identified Entry Fee and grand prize. Upon choosing to enter a paid Contest, each Participant must purchase Spot that will represent their place in the Contest. Regardless of any changes in who owns the Spot, the same Spot continues to hold a place in a Contest, until the current Spot owner is eliminated or is declared the winner of a Contest’s grand prize.

Each Contest is made up of multiple rounds, and in each round Participants strategically devise rosters of multiple athlete statistical outcomes (“Rosters”) based on TokenTourney drafting prompts. Rosters accumulate fantasy points (“Fantasy Points”) each round and are scored against the Rosters of other Participants within the same Contest, for example, getting one point for each correct prediction. Participants must draft and make informed performance predictions about a minimum of two professional athletes in upcoming professional sporting events (each a “Prediction”). Multiple Participant Predictions make up each Participant Roster and must include athlete Predictions involving at least two professional sports teams. All Contest Participants make athlete Predictions based off of the same TokenTourney drafting prompts and same potential range of possibilities. The same rules apply to all Participants. There is nothing preventing multiple Participants from choosing the same answers to questions in the same round, and in each round of questions may be modified prior to an identified cutoff time. In any round (besides the final round), if two players have the exact same score, and they’re right at the score needed to advance, they will both advance to the next round.

Questions for Predictions may be over/under predictions, or other Contest-related questions set by TokenTourney. End Users get a score of 0 if incorrect and get 1 Fantasy Point if correct. In each round, we will also have at least 1 free response prediction. For the free response Predictions, Participants will receive a decimal score based on how close their Prediction is to the actual result. If the Prediction is exactly correct, the Participant will get 1 Fantasy Point.

At the end of each round, a previously established number of top scoring Participants advance to the next round (the “Participant Threshold”). Participants that do not score within each round’s Participant Threshold are eliminated from the Contest entirely. In the final round, if the top 2 scoring Participants have the exact same score, the tiebreaker is the time at which the Participants submitted their Predictions (i.e. the Participant who submitted earlier wins).

The initial purpose of the Entry Fee for a Spot is to permit Contest entry, but the ongoing purpose of the Spot is to represent the right to participate in each Contest round. As a Contest progresses, less Spots are available because Contest Participants are eliminated in each round. This reduction in competition continues through multiple rounds, until a grand prize winner is declared.

In each TokenTourney Contest, (a) the Prize is set and made known to Contest Participants in advance through our Contest Rules; (b) the value of the Prize is not determined by the number of Participants or the amount of Entry Fees paid by Participants or Seller Fees collected by TokenTourney; (c) winning outcomes reflect the relative knowledge and skill of the Participants and are determined by accumulated statistical results of the performance of athletes in multiple real-world sporting events; and (d) no winning outcomes are based on the score, point-spread, or any performance or performances of any single real-world team or combination of such teams, or solely on any single performance of an individual athlete in any single real-world sporting or other event.

The TokenTourney Marketplace:

Between Contest rounds, each advancing Participant has two options; they may either: (a) continue competing in the Contest and advance to the next round; or (b) list the Contest Spot on the TokenTourney Marketplace in an attempt to sell out of the Contest. If a Participant chooses to list the Spot on the TokenTourney Marketplace, then the terms of the sale are in the listing Participant’s discretion, and the Participant may list the Spot for whatever price she sees fit. If a Spot is listed on the TokenTourney Marketplace and does not sell, then the listing Participant maintains ownership and continues on to the next round of the Contest. If the Spot does sell, then ownership of the Spot is transferred to the purchaser, along with the right to participate in the remaining Contest rounds. There is no limit to how many times ownership of an Spot can be transferred, so long as its sale is executed in accordance with Contest rules. Contest Spots are transferrable in accordance with these Terms and the applicable Contest Rules, and buying or selling Contest Spots is not a function of TokenTourney’s Contest gameplay. Spots may only be sold to other End Users of TokenTourney. TokenTourney will collect a 10% Seller Fee on all marketplace transactions.

6. Payment

While we may offer portions of the Services for free, we do charge for certain features of the Services, including, without limitation, when you pay an Entry Fee to enter into a Contest. When paid by you, these payments are final and non-refundable. TokenTourney, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged.

TokenTourney will charge, and you authorize TokenTourney to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, TokenTourney may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.

TokenTourney may allow you to sell your Spot in a Contest to another End User of TokenTourney through the Services on the TokenTourney Marketplace. You set the price for how much you want to sell your Spot for in the applicable Contest. Once you sell this Spot to another Participant, you cannot get this Spot back and you understand you will no longer be able to participate in that particular Contest with that Spot. Further, any time you sell your Spot in any Contest, TokenTourney collects ten percent (10%) of the gross purchase price of that sale as part of the transaction (“Seller Fees”) once the transaction has been completed.

Amounts you make from the sale of your Spot in a Contest through the TokenTourney Marketplace less the Seller Fees, or amounts you win as part of any prize from a Contest (which would be further described in the applicable Contest Rules) (each a “Prize”), will be stored in an account operated by TokenTourney Players Reserve LLC that operates as a wallet connected to your TokenTourney Account (“Wallet”).

You are responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by you hereunder. Further, in no event shall TokenTourney pay or be responsible for any taxes imposed on, or regarding, your income, revenues, gross receipts, personnel, or real or personal property or other assets, including any that derive from the sale of your spot on the TokenTourney Marketplace.

TokenTourney reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time. Regardless of the cause, TokenTourney reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.

7. License Restrictions

You shall not:

• use the Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services;
• use the Services contrary to any daily fantasy sports (“DFS”) rules imposed on you for any particular Contest, transaction, or prize related thereto;
• use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
• copy any portion of the Services, except as expressly permitted by this license;
• modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
• remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
• rent, lease, lend, sell, sublicense otherwise make available the Services, or any features or functionality of the Services, to any third party for any commercial reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;
• directly or indirectly take any action that imposes or may impose (as determined by TokenTourney in its sole discretion) an unreasonable or disproportionately large load on TokenTourney or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; run Mail list, Listserv, or any form of auto-responder or “spam” on the Services; or use manual or automated software, devices, or other processes to scrape any page of the Services;
• create a false identity on the Services, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another account; or
• participate in any Contest if you are:

(1) under the age, usually 18 years of age, that the state you are located in permits fantasy gaming;

(2) not physically located in a state where participation of fantasy gaming is not legal;

(3) enrolled in the self-exclusion program;

(4) an athlete, competitor, referee, official, coach manager, medical professional or athletic trainer or employee or contractor of a team or athletic organization who has access to nonpublic information concerning an athlete or a team participating in the event or otherwise has access to nonpublic or exclusive information;

(5) a key person or employee of TokenTourney;

(6) a member of the commission or an employee of the division, including the director, or a member of their immediate families;

(7) any individual whose participation may undermine the integrity of the sports event or any individual who is prohibited for other good cause; or

(8) acting as an agent or proxy on behalf of a third party who is otherwise prohibited from participating in a Contest hereunder.

If for any reason, TokenTourney determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

8. Reservation of Rights

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

9. Content and User Content

Through the Services, or via other users, TokenTourney may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). You have no rights in or to the Content other than as permitted herein to use or access the Services.

You retain your rights to any Content you submit, post or display on or through the Services, such as a profile picture associated with your Account, (“User Content”). TokenTourney does not receive any rights to the User Content except for the limited rights that enable TokenTourney to offer its Services. TokenTourney requires your permission to host, back up, and share User Content. You hereby give TokenTourney permission to do these activities, and this permission extends to our affiliates and trusted third parties with which TokenTourney works.

10. Collection and Use of Your Information.

You acknowledge that when you use the Site, [TokenTourney uses automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to use the Services or certain features or functionalities. All information we collect through or in connection with these Terms is subject to the TokenTourney Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the TokenTourney Privacy Policy.‌

11. Geographic Restrictions

The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you are responsible for compliance with local laws.

Further, as an online Site and mobile App fantasy sports game provider, TokenTourney may legally offer its Contests in states within the United States that permit such activities. However, TokenTourney prohibits participation in Contests in states where fantasy contests are prohibited, and will also prohibit participation in Contests in Ohio because unique aspects of the Contests likely disqualify registration. A list of states TokenTourney offers paid Contests in is available here: https://tokentourney.io/where–can–i–play/

12. Updates

TokenTourney may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the Site (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that TokenTourney has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of these Terms.

13. Third-Party Materials

The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that TokenTourney is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. TokenTourney does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

14. Term and Termination

The term of these Terms commences when you acknowledge your acceptance and will continue in effect until terminated by you or TokenTourney as set forth in this section. You may delete your Account at any time through your Account settings. We may suspend or cancel your Account without notice to you for any reason or no reason at all, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, your Account should be removed due to unlawful conduct, or our provision of the Services to you is no longer commercially viable. TokenTourney reserves the right to remove your Account information along with any Account settings from our servers with NO liability or further notice to you. Upon termination of your Account. your license to use TokenTourney’s Services terminates and you must withdraw any amounts in your Wallet before termination or contact TokenTourney withing 30 days following termination to initiate such transfer; otherwise, you will not receive any amounts remaining in your Wallet at such time unless TokenTourney agrees otherwise in its sole discretion, TokenTourney has no liability to you to provide such amounts, and you are not entitled to them in any way.

15. Disclaimer of Warranties

THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TOKENTOURNEY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, TOKENTOURNEY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL TOKENTOURNEY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID TO TOKENTOURNEY IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY U.S. DOLLARS ($50.00), WHICHEVER IS LESS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, TOKENTOURNEY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

17. Indemnification

You agree to indemnify, defend, and hold harmless TokenTourney and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of these Terms.

18. Severability

If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.

19. US Government Rights

The Services are a “commercial product” as that term is defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government licensees and their contractors.

20. Governing Law

These Terms are governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms and our Privacy Policy shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri in each case located in Jackson County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. NIL License

As a Participant in any Contest, you grant us a limited, non-exclusive, perpetual license to utilize your name, image, and likeness in the event you win any Prize in any Contest to promote the Contest, our Services, any other Contests, and for other marketing and promotional materials.

22. Entire Agreement

These Terms, our Privacy Policy, and any statements or rules on the Services on your date of access constitute the entire agreement between you and TokenTourney with respect to the Site, App and Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

23. Force Majeure

TokenTourney shall not be liable or responsible to you, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent such failure or delay is caused by or results from acts beyond TokenTourney’s reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)“): (a) acts of God; (b) flood, fire, earthquake, hurricane, pandemic, endemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of TokenTourney.

24. Relationship of the Parties

Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

25. Severability

If any term or provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

26. Waiver

No waiver by TokenTourney of any of the provisions of these Terms shall be effective unless explicitly set forth in writing and signed by TokenTourney. Except as otherwise set forth in these Terms, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms by TokenTourney shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

27. Waiver of Jury Trial

END USER ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS OR THE USE OF THE SERVICES, INCLUDING ANY TERMS INCORPORATED OR REFERENCED HEREIN, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, END USER IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING ANY TERMS INCORPORATED OR REFERENCED HEREIN, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

28. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other agreement, these Terms shall govern.

29. Waiver of Class Action

End User agrees that any suit, action, proceeding, claim, or otherwise shall be conducted in their individual capacity only and not as a class action or other representative action, and End User expressly waives their right to file a class action or seek relief on a class basis. END USER AGREES THAT IT MAY BRING CLAIMS AGAINST TOKENTOURNEY ONLY ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

30. Headshot Disclaimer

All third party trademarks (including logos and headshots) referenced by TokenTourney LLC remain the property of their respective owners. TokenTourney LLC does not own any of the team, league, headshots or event trademarks/uniforms depicted within this site. Unless specifically identified as such, TokenTourney LLC’s use of third party trademarks and/or headshots does not indicate any relationship, sponsorship, or endorsement between TokenTourney LLC and the owners of these trademarks and headshots.

31. Apple Inc. Disclaimer

Daily fantasy sports activities provided by TokenTourney LLC are in no way affiliated with Apple Inc.

32. Contact

All notices, requests, consents, claims, demands, waivers and other communications under these Terms (each, a “Notice“, and with the correlative meaning “Notify“) must be in writing and addressed to the other party at, in the case of End User, the email or address associated with its Account, and in the case of TokenTourney, its email address set forth below (or to such other address that the receiving party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier or certified or registered mail, or email (in each case, return receipt requested, postage prepaid). Except as otherwise provided in these Terms, a Notice is effective only (a) on receipt by the receiving party; and (b) if the party giving the Notice has complied with the requirements of this Section 30.

TokenTourney Email Address: support@tokentourney.io.

Last Modified: December 03, 2024.