oddFlex Games, Inc. – Terms of Use

Please refer to oddFlex’s Privacy Policy for information on how we collect, use and disclose information from our users.  Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. We assume no liability for any unauthorized access by a third party to any information or database maintained by or for us or with respect to the Services which we provide.
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You agree to accurately maintain and update any information about yourself that you have provided to oddFlex. You also agree to immediately notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing support@oddflex.com. In addition, you agree to keep confidential your username and password and to exit from your user account at the end of each session. We explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to oddFlex and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights. Except as expressly provided in these Terms of Use, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without oddFlex’s express prior written consent.
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ODDFLEX, the ODDFLEX logo, and all other related names and logos are trademarks or registered trademarks of oddFlex Games.  All other names, team names, and logos on the ODDFLEX website and app are trademarks or registered trademarks of their respective owners, where applicable.  Reference to any third party-owned trademarks in the Services is for informational purposes only, and is not intended to indicate or imply any affiliation, association, sponsorship or endorsement by any owners of such third party-owned trademarks.

You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms of Use.  Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of oddFlex and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and oddFlex shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses. With respect to all other Submissions, you hereby grant oddFlex an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Use.

In connection with your use of the Services, you agree that you will not:

Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.  

We reserve the right, at any time, without notice to: (1) modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

You can contact our Copyright Agent via email at copyright@oddflex.com or by mail at Copyright Agent, c/o oddFlex Games, Inc., P.O. Box 221704, Chicago, IL 60622.
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Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation

By purchasing Services or the betting information of another user, you agree to pay the fees for the Services and the betting information, as applicable, as well as any applicable taxes due in connection therein. Subject to any refund right provided by the Apple Store and Google Play Store, all fees are otherwise non-cancelable and nonrefundable.

Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method.  We use the Apple App Store and Google Play Store to process payments for Services.  oddFlex’s relationships with Apple and Google are contractual in nature, as each is a third-party vendor to oddFlex and is in not subject to oddFlex’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

In the event a user wishes to sell their betting information to another user: (i) the seller will be required to establish a separate seller profile or account; (ii) there may be additional terms and conditions associated with the creation of the seller account; (iii) oddFlex may require the user to submit additional information (which may include, for example, a social security number), depending on the applicable jurisdiction of the seller, in order for oddFlex to fulfill its compliance obligations; (iv) payments from the purchase of the seller’s betting information will be maintained in a wallet within the Services; and (v) distributions of betting information proceeds net of fees due to oddFlex and the Services’ mobile operators (i.e., Apple or Google) will occur on a monthly basis.

You and on behalf of your heirs, executors, administrators, and assignees, acknowledge that you are solely responsible for your use of the Services. You acknowledge that you are knowledgeable with all local, state, and federal laws, rules, regulations, codes, and ordinances that apply to your use of the Services and will abide by them.

The Services may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under oddFlex’s control, and oddFlex is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

THE SERVICES AND ALL CONTENT AND INFORMATION (INCLUDING BETTING INFORMATION) OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
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NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, WITH RESPECT TO BETTING INFORMATION, ODDFLEX IS MERELY AN ONLINE MARKETPLACE FOR BUYERS AND SELLERS OF BETTING INFORMATION, AND ODDFLEX MAKES NO REPRESENTION OR WARRANTY AS TO A SELLER OR THE QUALITY OF ANY BETTING INFORMATION OF A SELLER. ALL PURCHASES OF BETTING INFORMATION ARE AT YOUR SOLE RISK, AND ODDFLEX SHALL HAVE NO LIABILITY FOR ANY VIRTUAL OR REAL LOSSES OF A USER MADE IN RELIANCE ON BETTING INFORMATION PURCHASED IN THIS MARKETPLACE.
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The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
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EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL ODDFLEX OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ODDFLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ODDFLEX’S LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED THE AMOUNT OF FEES PAID BY YOU TO ODDFLEX DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
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Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

You agree to indemnify and hold oddFlex harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against oddFlex by any third party due to or arising out of or in connection with (1) your access to or use of the Services; (2) your violation of these Terms of Use or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) oddFlex’s rights or property, or the rights or property of visitors to or users of the Services. We reserve the right at all times to disclose any information that oddFlex deems necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when oddFlex determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
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You agree that oddFlex may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms of Use will cause irreparable harm to oddFlex for which monetary damages would be inadequate, and you consent to oddFlex obtaining any injunctive or equitable relief that oddFlex deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies oddFlex may have at law or in equity.

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Illinois excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ODDFLEX AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. 
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Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms of Use and the use of the Services (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms of Use.  There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not (i) extend to Disputes in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) seek injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).
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No Class Arbitrations, Class Actions or Representative Actions.  Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.  There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.  Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. 

‍Location.  The location of the arbitration shall be in Chicago, Illinois. 

Authority of Arbitrator(s).  As limited by the AAA Rules and these Terms of Use, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use, or to award punitive damages or any other damages that are not compensatory.  The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

‍Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms of Use, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Chicago, Illinois for the purpose of litigating all such disputes.  You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Severability of Dispute Resolution; Arbitration.  In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.

Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are permitted for use by all persons or in all geographic locations. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

You may preserve these Terms of Use in written form by printing it for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
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All provisions of these Terms of Use are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms of Use, together with the oddFlex Privacy Policy and any other legal notices published by oddFlex, constitute the entire agreement between you and oddFlex with regard to your use of the Services. oddFlex’s failure to insist on or enforce strict performance of these Terms of Use shall not be deemed a waiver by oddFlex of any provision or any right it has to enforce these Terms of Use. Any such waiver must be in writing in order to be effective. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.  Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

oddFlex is located at:
oddFlex Games, Inc.
P.O. Box 221704
Chicago, IL 60622
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Please contact us if you have any questions about our Terms of Use. You may contact us by sending correspondence to the foregoing address or by emailing us at support@oddflex.com.