Updated: August 27, 2022
THE SERVICES ARE NOT INTENDED FOR THE USE OF CHILDREN UNDER 18 AND NO SUCH PERSON IS AUTHORIZED TO USE THEM. BY USING THE SERVICES, YOU ARE REPRESENTING THAT YOU ARE AT LEAST 18 YEARS OLD. YOU ALSO REPRESENT, BY ACCESSING OR USING THE SERVICES, THAT YOU ARE OF LEGAL AGE TO ENTER INTO LEGAL AGREEMENTS.
Privacy and Data Security
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.
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 email@example.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.
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.
User Submissions, Feedback and Information
Your Use of the Services
In connection with your use of the Services, you agree that you will not:
- violate, or encourage any conduct that would violate, any applicable law or regulation or any order of a court;
- infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
- display, mirror or frame the Services, or any individual element within the Services, oddFlex’s name, any oddFlex trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without oddFlex’s express written consent;
- attempt to probe, scan, or test the vulnerability of any oddFlex system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
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):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- description of the copyrighted work that you claim has been infringed;
- description of the material that you claim is infringing and where it is located on the Services;
- identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
You can contact our Copyright Agent via email at firstname.lastname@example.org
or by mail at Copyright Agent, c/o oddFlex Games, Inc., P.O. Box 221704, Chicago, IL 60622.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation
Fees and Payment Terms
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.
Additional Terms for Sellers of Betting Information
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.
Compliance with Laws
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.
Links to Other Sites
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.
Disclaimer; Limitation of Liability
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.
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.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
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.
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.
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.
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.
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.
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.
Users Outside the United States
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.
Notice for California Users
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.
Questions and Contact Information
oddFlex is located at:
oddFlex Games, Inc.
P.O. Box 221704
Chicago, IL 60622