

Terms of Service
Last Updated: Feb 21, 2024
These
Terms of Service apply when you access, use or visit our website located at
https://euroscoreai.com (the “Site”), the associated mobile application (the
“App”), and the services provided through the Site and the mobile
application developed by EuroScore, its subsidiaries and affiliates
(collectively as “Company,” “we,” “us” and “our”) (the Site, mobile
application and these services constituting the “Service”). These Terms of
Service (“ToS”) constitute a legal agreement between the user of our
products and services (“user” or “you”) and the Company. It applies when a
user accesses, uses or visits our Site or Service.
1.
ConsentBy visiting the Site, downloading the App, or
otherwise using the Service, you indicate your agreement to be bound by
these ToS. If you do not agree with these ToS, you must not use the Site or
Service, and uninstall the App(s) if you have already downloaded
them.
We may modify these ToS from
time to time. We will notify you of material changes in accordance with
applicable laws. If you do not agree with the proposed changes, you should
discontinue your use of the Site and/or Service and uninstall the App(s). If
you continue using the Site and/or Service after the new terms take effect,
you will be bound by the modified ToS.
2.
Privacy PolicyOur Privacy Policy, located
at https://euroscoreai.com/privacy-policy.html, is part of, and governed by these
ToS. By agreeing to these ToS, you agree to be bound by the terms of the
Privacy Policy and Advertising Choices, and agree that we may use
information collected from you in accordance with their
terms.
3. Notice Regarding Dispute
ResolutionThese ToS contain provisions
that govern how claims you and we may have against each other are resolved,
including an agreement and obligation to arbitrate disputes, which, subject
to limited exceptions, will require you to submit claims you have against us
to binding arbitration, unless you opt-out of arbitration as described
below.
If you do not opt-out of
arbitration, you will only be permitted to pursue claims and seek relief
(including monetary, injunctive, and declaratory relief) against us on an
individual basis, not as part of any class or representative action or
proceeding.
4. Affirmative
RepresentationsWhen you use the Site or
Service, you represent that:
your use of the Site or Service does not
violate any applicable law or regulation;
You are over the age of
18.
you are of sufficient legal age or otherwise have legal capacity
to legally enter into these ToS.
5.
Rules Governing User Contributions; Prohibited ActivitiesA. User
Contributions. If you are a member of the Service and you are logged in to
your member account, you may be able to submit comments, stories and content
to the Service (collectively, “Contributions”). You are entirely responsible
for the content of, and any harm resulting from, any Contributions that you
post on or through the Service. When you create or make available a
Contribution on or through the Service, you represent and warrant that
you:
own or have sufficient rights
to post your Contributions on or through the
Service;
will not post Contributions
that violate our or any other person’s privacy rights, publicity rights,
intellectual property rights (including without limitation copyrights) or
contract rights;
have fully complied with any
third-party licenses relating to Contributions and shall pay all royalties,
fees and any other monies required to be paid in connection with
Contributions that you post on or through the
Service;
will not post Contributions
that:(i) are defamatory, damaging, disruptive, unlawful,
inappropriate, offensive, inaccurate, pornographic, vulgar, indecent,
profane, hateful, racially or ethnically offensive, obscene, lewd,
lascivious, filthy, threatening, excessively violent, harassing, or
otherwise objectionable;(ii) incite, encourage or
threaten immediate physical harm against another, including but not limited
to, Contributions that promote racism, bigotry, sexism, religious
intolerance or harm against any group or individual; or(iii)
contain material that solicits personal information from anyone under the
age of 13 or exploits anyone in a sexual or violent
manner;
will not post Contributions
that contain advertisements or solicit any person to buy or sell products or
services; and
will not post Contributions
that constitute, contain, install or attempt to install or promote spyware,
malware or other computer code, whether on our or others’ computers or
equipment, designated to enable you or others to gather information about or
monitor the on-line or other activities of another
party.
B. Prohibited Activities. In
addition to the obligations described in Section 5(A), you agree that in
connection with your use of the Service, you will
not:
use the Service for any
unauthorized purpose including collecting usernames and/or email addresses
of other users by electronic or other means for the purpose of sending
unsolicited email or other electronic communications, or engaging in
unauthorized framing of, or linking to, the Service without our express
written consent;
transmit chain letters, bulk
or junk email or interfere with, disrupt, or create an undue burden on the
Service or the networks or services connected to the Service, including
without limitation, hacking into the Service, or using the system to send
unsolicited or commercial emails, bulletins, comments or other
communications;
impersonate any other person
or entity, sell or let others use your profile or password, provide false or
misleading identification or address information, or invade the privacy, or
violate the personal or proprietary right, of any person or
entity;
post advertisements or
solicitations for jobs or employment on the Service, or otherwise use the
Service to hire any person to perform work, including, without limitation,
posting advertisements or solicitations for modeling jobs or talent or
talent scouting positions on the Service;
post on
the Service any franchise, pyramid scheme, “club membership,”
distributorship or sales representative agency arrangement or other business
opportunity which requires an up-front or periodic payment, pays
commissions, or requires recruitment of other members, sub-distributors or
sub-agents;
decompile, disassemble,
modify, translate, adapt, reverse engineer, create derivative works from or
sublicense the Service, or any portion thereof;
or
circumvent, disable or
otherwise interfere with security related features of the Service or
features that prevent or restrict use or copying of any Materials (as
defined in Section 7) or enforce limitations on use of the Service or the
Materials on the Service.
6. Our Intellectual Property
RightsAll of the text, copyrightable computer code,
trademarks, service marks, and logos contained on the Service (“Materials”),
are owned by or licensed to us and are subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. The Service and the Materials are for your
information and personal use only and not for commercial exploitation. We
reserve all rights in and to the Service and the Materials. If you download
or print a copy of the Materials for your own personal use, you must retain
all trademark, copyright and other proprietary notices contained in and on
the Materials.
7. Our Management of the
Service; User MisconductOur Right to Manage the
Service. We reserve the right, but do not undertake the obligation to: (a)
monitor or review the Service for violations of these Terms of Service and
for compliance with our policies; (b) report to law enforcement authorities
and/or take legal action against anyone who violates these Terms of Service;
(c) refuse, restrict access to or the availability of, or remove, delete,
edit or disable (to the extent technologically feasible) any Contribution or
any portion thereof; (d) manage the Service in a manner designed to protect
our and third parties’ rights and property or to facilitate the proper
functioning of the Service; (e) screen our users or members, or attempt to
verify the statements of our users or members and/or (f) monitor disputes
between you and other users or to terminate or block you and other users for
violating these Terms of Service.
8.
Third Party App StoresYou acknowledge and agree
that the availability of the Service may be dependent on third party
websites from which you download the Service, e.g., the Apple App Store or
Google Play Store (each a “Third Party App Store”). You acknowledge that
these Terms of Service are between you and Company and not with the
applicable Third Party App Store. Each Third Party App Store may have its
own terms and conditions to which you must agree before downloading the
Service from it. You agree to comply with, and your license to use the
Service is conditioned upon, your compliance with, the applicable Third
Party App Store terms and conditions. To the extent that other terms and
conditions from the applicable Third Party App Store are less restrictive
than, or otherwise conflict with, the terms and conditions of these Terms of
Service, the more restrictive or conflicting terms and conditions in these
Terms of Service will apply.
9.
Premium Services and In-App PurchasesWe may
make certain products and/or services available to users in consideration of
a subscription fee or other fees (“Premium Services”), including the ability
to purchase products, services (“In-App Products”). If you choose to use
Premium Services or make purchase of In-App Products via a Third Party App
Store, then the Third Party App Store will charge your account the
applicable fees or charges.
Billing for Premium Services
and In-App Purchases will be handled by the Third Party App Store, according
to their terms disclosed to you at the time of purchase as well as the
general terms for in app purchases that apply to your Account. Some Third
Party App Store may charge you sales tax, depending on where you
live.
If you purchase an
auto-recurring periodic subscription through an in app purchase, your
Account will continue to be billed for the subscription until you cancel. If
you do not wish your subscription to renew automatically, or if you want to
change or terminate your subscription, you will need to log in to your
account and follow instructions to cancel your subscription, even if you
have otherwise deleted your account with us or if you have deleted the
application from your device. Deleting your member account or deleting the
application from your device does not cancel your subscription; We will
retain all funds charged to your Account until you cancel your subscription
through your Account.
10. Third Party
SitesThe Site may contain links to websites operated by
third parties (“Third Party Sites”). For example, you can access our
Facebook, Twitter and Instagram pages through links on the Service, and you
may be able to share Contributions or other information with Third Party
Sites through links on the Service; however, we do not own or operate the
Third Party Sites, and we have not reviewed, and cannot review, all of the
material, including goods or services, made available through Third Party
Sites. The availability of these links on the Service does not represent,
warrant or imply that we endorse any Third Party Sites or any materials,
opinions, goods or services available on them. Third party materials
accessed through or used by means of the Third Party Sites may also be
protected by copyright and other intellectual property laws. These Terms of
SErvice DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY
SITE through links or other MEANS provided on or through the service, you
SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS and PRIVACY
POLICY, AND INFORM yourself OF THE REGULATIONS, POLICIES AND PRACTICES OF
THESE THIRD PARTY SITES.
11. Legal Disputes and
Arbitration AgreementPlease Read This Following
Clause Carefully – It May Significantly Affect Your Legal Rights, Including
Your Right to File a Lawsuit in Court
(1)
Initial Dispute Resolution
We are available by email at
the address provided in the “How to Contact Us” Section to address any
concerns a user may have regarding the Service. Most concerns may be quickly
resolved in this manner. For any dispute you have with the Company, you
agree to first contact us and attempt to resolve the dispute with us
informally. We each agree to resolve any dispute arising out of or in
connection with, or relating to this Agreement directly through consultation
and good faith negotiations, which shall be a precondition to either party
initiating a lawsuit or arbitration.
(2)
Agreement to Binding Arbitration
If we
do not reach an agreed upon solution within a period of thirty (30) days
from the time informal dispute resolution is pursued pursuant to section
“Initial Dispute Resolution” above, then either party may initiate binding
arbitration.
All claims arising out of or
relating to these ToS (including its formation, performance and breach), the
parties’ relationship with each other and/or your use of the Service shall
be finally settled by binding arbitration administered on a confidential
basis by the American Arbitration Association in accordance with the
provisions of the Consumer Arbitration Rules of the American Arbitration
Association (the “AAA”), excluding any rules or procedures governing or
permitting class actions. The arbitrator, and not any federal, state or
local court or agency, shall have exclusive authority to resolve all
disputes arising out of or relating to the interpretation, applicability,
enforceability or formation of these ToS, including, but not limited to, any
claim that all or any part of these ToS is void or voidable. The arbitrator
shall be empowered to grant whatever relief would be available in a court
under law or in equity. The arbitrator’s award shall be binding on the
parties and may be entered as a judgment in any court of competent
jurisdiction. The interpretation and enforcement of these ToS shall be
subject to the Federal Arbitration Act.
THE
AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY
CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE
ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL
COST. IF WE ARE REQUIRED TO PAY THE ADDITIONAL COST OF THE FILING FEES, YOU
SHOULD SUBMIT A REQUEST FOR PAYMENT OF FEES TO AAA ALONG WITH YOUR FORM FOR
INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL
NECESSARY FEES DIRECTLY TO AAA. THE ARBITRATION RULES ALSO PERMIT YOU TO
RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
THE
PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE
THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND
THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF
LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION
THAN IN COURT.
(3) Class Action and Class
Arbitration Waiver
You and the Company each
further agree that any arbitration shall be conducted in your respective
individual capacities only and not as a class action or other representative
action, and you and the Company each expressly waive your respective right
to file a class action or seek relief on a class basis. If any court or
arbitrator determines that the class action waiver set forth in this
paragraph is void or unenforceable for any reason or that an arbitration can
proceed on a class basis, then the arbitration provision set forth above in
Section “Agreement to Binding Arbitration Above” shall be deemed null and
void in its entirety and the parties shall be deemed to have not agreed to
arbitrate disputes.
(4) Exception - Small Claims
Court Claims
Notwithstanding the parties’
agreement to resolve all disputes through arbitration, either party may seek
relief in a small claims court for disputes or claims within the scope of
that court’s jurisdiction.
(5) 30 Day Right to Opt
Out
You have the right to opt-out and not be bound by the
arbitration and class action waiver provisions set forth in this Section
“Arbitration Agreement” by sending written notice of your decision to
opt-out to the address provided in the “How to Contact Us”
Section.
The notice must be sent by
you within thirty (30) days of your downloading of the App, otherwise you
will be bound to arbitrate disputes in accordance with the terms of those
sections. If you opt-out of these arbitration provisions, we also will not
be bound by them.
(6) Exclusive Venue for
Litigation
To the extent that the
arbitration provisions set forth in above do not apply, the parties agree
that any litigation between them shall be filed exclusively in state or
federal courts located in San Francisco County, California (except for small
claims court actions which may be brought in the county where you reside).
The parties expressly consent to exclusive jurisdiction in California for
any litigation other than small claims court
actions.
12. Warranty Disclaimer;
Limitation on LiabilityA. Disclaimer of
Warranties
Disclaimer: Please be advised that Euroscore is
not an online gambling operator or platform. It is an application that
provides information about online sports betting solely for your
entertainment. Online sports betting involves financial risk. If you
choose to participate, you are responsible for understanding these
risks, particularly when making decisions involving financial
transactions.
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, ALL Materials, CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS
PROVIDED THROUGH the Service ARE PROVIDED “AS IS” AND “AS AVAILABLE,”
WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING the Service, WE DO
NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER
MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY the Service, INCLUDING
WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE
CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR
NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS
FROM USE OF the Service. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
these Terms of SErvice. YOU AGREE THAT YOUR USE OF The Service WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR
ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS,
EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH the Service AND YOUR USE
THEREOF.
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY,
RELIABILITY, TIMELINESS OR COMPLETENESS OF the service’s CONTENT, THE
CONTENT OF ANY SITE LINKED TO the service, CONTRIBUTIONS, INFORMATION OR ANY
OTHER ITEMS OR MATERIALS ON the service OR LINKED TO BY the Service. WE
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR
INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
the SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM the service, (E) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the
service BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA the Service.
B. Limited
Liability.
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Service,
CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED IN These Terms of SErvice, OUR LIABILITY
TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF
OR IN CONNECTION WITH These Terms of Service, WHETHER IN CONTRACT, TORT OR
FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED
$50.
13. Notice to New Jersey
UsersNotwithstanding any terms set forth in these Terms of
Service, if any of the provisions set forth in Section 13 are held
unenforceable, void or inapplicable under New Jersey law, then any such
provision shall not apply to you but the rest of these Terms of Service
shall remain binding on you and the Company. In addition, for New Jersey
residents, the limitation on liability is inapplicable where attorneys’
fees, court costs, or other damages are mandated by statue. Notwithstanding
any provision in these Terms of Service, nothing in these Terms of Service
is intended to, nor shall it be deemed or construed to, limit any rights
available to you under the Truth-in-Consumer Contract, Warranty and Notice
Act.
14. Notice to California
UsersUnder California Civil Code Section 1789.3, users
located in California entitled to the following consumer rights notice: If a
user has a question or complaint regarding the Service, please send an email
to app@euroscoreai.com California residents may reach the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N
112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800)
952-5210.
15. Digital Millennium
Copyright Act PolicyWe follow the notice and take
down provisions of the Digital Millennium Copyright Act (the “DMCA”). In
addition, we may terminate the account and access rights of any repeat
infringer in appropriate circumstances. If you are a copyright owner or the
legal agent of a copyright owner, and you believe that any user Contribution
on the Service infringes upon your copyrights, you may submit a notification
pursuant to our DMCA Policy by sending an email to app@euroscoreai.com
with a subject line beginning “DMCA Notice” that contains the following
information:
A physical or electronic
signature of a person authorized to act on behalf of the owner or an agent
of an exclusive right that is allegedly
infringed;
Identification of the
copyright claimed to have been infringed;
Identification of the material that is claimed to be
infringing, and where it is located in the App or Service, as
applicable;
Information reasonably
sufficient to permit us to contact you;
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 owner, its agent, or
the law, and;
A statement, made under
penalty of perjury, that the above information is accurate, and that you are
the copyright owner or are authorized to act on behalf of the
owner.
We respect the intellectual
property rights of others and will respond to clear notices of alleged
infringement. You acknowledge that if you fail to comply with all of the
requirements of this section, your notice may not be
valid.
16. Independent
ContractorsNothing in these Terms of
Service shall be deemed to create an agency, partnership, joint venture,
employer-employee or franchisor-franchisee relationship of any kind between
us and any user.
17.
Non-WaiverOur failure to exercise or
enforce any right or provision of these Terms of Service shall not operate
as a waiver of the applicable right or provision
18.
SeverabilityThese Terms of Service
operate to the fullest extent permissible by law. If any provision or part
of a provision of these Terms of Service is unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable
from these Terms of Service and shall not affect the validity and
enforceability of any remaining provisions.
19.
AssignmentWe may assign our rights
under these Terms of Service without your approval.
20. No
Modifications by Our EmployeesIf any of our employees
offers to modify the terms of these Terms of Service, he or she is not
acting as an agent for us or speaking on our behalf. You may not rely, and
should not act in reliance on, any statement or communication from our
employees or anyone else purporting to act on our
behalf.
21. Governing
LawThis TOS will in all respects be governed by and
construed and enforced in accordance with the laws of the State of
California (without giving effect to any choice or conflict of laws). The
United Nations Convention on Contracts for the International Sale of Goods
will not apply to this Agreement.
22.
Contact InformationIf you have any questions
about these Terms of Service or your account, please contact us at
app@euroscoreai.com.