LAST UPDATED: October 4, 2016
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 22.
This Terms of Service (“Agreement”), including the important notices stated within, is an agreement between you (“you” or “user”) and iPro, Inc., its parents, subsidiaries, affiliates, and its marketing, promotional and other partners (collectively, “iPro,” the “Company,” “we” or “us”). This Agreement governs your access and use of the ringit! application developed and operated by iPro (“Application”), including all games and other activities, all related web pages, interactive features, applications, widgets, blogs, and mobile applications, and their respective contents, whether accessed via computer, mobile device or other technology (collectively, the “Content”) (collectively, the Application and Content are the “Services”). If you do not agree to the terms and conditions in this Agreement, you must not access or otherwise use the Services.
The original text of the Terms of Service are in English and any interpretation of them will be based on the original English text. If the Terms of Service or any documents or notices related to them are translated into any other language, the original English version will prevail.
- DESCRIPTION OF SERVICES
We offer fantasy and social products. Each iPro product is governed by additional terms of service specific to that product (as discussed below). You are responsible for knowing and understanding which mode of play you are using within the product and adhering to the additional terms and conditions specific to that mode.
- ELIGIBILITY REQUIREMENTS
By entering into this Agreement and accessing or using the Services, you certify that you are (i) fully able and competent to enter into this Agreement and (ii) at least 18 years of age. The Company reserves the right to verify your age at any time. We further reserve the right to terminate the Services in whole or in part, or to terminate or deny you access to the Services, at any time in our sole discretion.
From time-to-time, certain promotions to use the Services or other Application Features may be available, some of which may have additional eligibility requirements. Without limiting the foregoing, you hereby acknowledge that certain promotions (including, without limitation, any promotions associated with the “Hollywood Casino” brand) are only intended for and may only be redeemed by individuals at least 21 years of age who are not on any governmental exclusion lists where individuals named therein are legally prohibited from playing casino games. If you choose to redeem any promotion with additional age or eligibility requirements, you may be asked to certify that you satisfy the eligibility requirements. You hereby agree to comply with such eligibility requirements and provide true, accurate, current and complete information to confirm your eligibility for such promotions or Application Features. The Company reserves the right to verify your eligibility at any time.
The Company further reserves the right to limit the availability of the Services to the territory of any particular countries, provinces, or states without further notice to you and in its sole discretion. To the extent that the Company geographically limits the availability of the Services, you may continue to access and use the Services only when physically present within the permitted countries, provinces, or states.
- CONDITIONS OF PARTICIPATION
In order to participate in a game or activity on the Service, you must register for an account. By registering as a user of the Service, you agree to provide true, accurate, current and complete information to us, and represent and warrant that all information you supply when opening an account, and anytime thereafter, is true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse or limit access to the application, suspend or terminate your account, without prior notice to you, and to refuse any and all current or future use of our Services.
Account Password and Security
At the time of registration for account access, you must supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that iPro in its sole discretion deems offensive. Your account may be authenticated via Facebook, Twitter, Google or by providing a valid email address. You are responsible for maintaining the confidentiality of your account number and password and for restricting access to your account. You agree to take all reasonable steps to avoid disclosing (whether deliberately or accidentally) your account number and password to anyone, and accept full responsibility for all activities and transactions that occur under your account, whether or not authorized by you. You also agree to (i) immediately notify us by email at firstname.lastname@example.org of any unauthorized use of your account or password, or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that iPro is authorized to act on instructions received through the use of your Username and Password, and that iPro may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.
Communications and Information Practices
As a result of your registration for the Service, you may receive certain commercial communications from iPro. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to email@example.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Collection, use, and disclosure of information
Disqualification and Cancellation
iPro reserves the right to cancel any ringit! game or activity, in its sole discretion, without any restrictions. iPro, in its sole discretion, may disqualify you from a ringit! game, activity or the entire Service, refuse to award points or prizes and require the return of any prizes, or suspend or terminate your account if you engage in conduct iPro deems, in its sole discretion, to be improper, unfair or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other users’ information and spamming other users; and abusing the Service in any way; or otherwise violating these Terms of Service. You acknowledge that the forfeiture and/or return of any prize or points shall in no way prevent iPro from pursuing criminal or civil proceedings in connection with such conduct.
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by users, fraud, technical failures, or any other causes of any kind, in the sole opinion of iPro corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), iPro reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.
Errors and Omissions
In cases of errors or omissions, machine-caused or manual, on the part of iPro, or its data providers, or other vendors, iPro reserves the right to void picks and return the chips back to the players. iPro also reserves the right to void picks and return only the wagered chips back to the players where iPro, in its sole discretion, determines that picks have been resolved incorrectly. Notwithstanding anything to the contrary contained herein, iPro’s liability to you in the cases of errors and omissions, will at all times be limited to the amount of chips wagered by you during the affected play.
You acknowledge that Apple® and google® are not sponsors of or otherwise affiliated with any ringit! game and are not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and iPro, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be iPro’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit iPro’s liability in this regard.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
- INFORMATIONAL PURPOSES ONLY
ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH RINGIT! ARE UNOFFICIAL AND OFFERED FOR INFORMATIONAL PURPOSES ONLY. While we use reasonable efforts to include accurate and up-to-date information, we do not warrant or make any representations of any kind with respect to the information provided to you through our Services. You agree that we shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via our Services and shall not be responsible or liable for any error or omissions in that information.
- IPRO’S PROPRIETARY RIGHTS
You acknowledge and agree that our website and ringit! App contains proprietary and confidential information, including, but not limited to: (i) Content (e.g., promotions, games, activities, odds, lines, news, other reports, data, graphics, text, the selection thereof, visual interfaces, information), and (ii) alerts, (iii) computer code, (iv) software, (v) software compilations, (vi) underlying source code, (vii) products including wireless device applications and (viii) services, (all of which are collectively referred to as “iPro’s Materials” or “Materials”), which are subject to copyright and other proprietary rights which are either owned by us, or used by us under license from third-party rights owners.
You agree that all intellectual property rights in our trademarks, trade names, service marks and other iPro logos and brand features, and product and service names and trademarks (the “iPro Marks”) vest in us and/or third-party licensors. You agree not to display, use or reproduce, in any manner, the iPro Marks without our prior written consent. Under no circumstances shall the use of our Services or Materials grant to you any interest in any intellectual property rights (for example, copyright, know-how or trademarks) owned by us or by any third party whatsoever, other than a personal, non-exclusive, non-sub-licensable license to use such intellectual property rights in connection with your personal, non-transferable, revocable, non-commercial use of the Services and Materials pursuant to the Terms of Service.
Except as expressly permitted by applicable law or as authorized by us or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on our Services, or Materials, and such Content or the software, in whole or in part.
Third Party’s Intellectual Property Infringement Claims
You acknowledge and agree that, in the event of any third party claim that the ringit! App in your possession and use of the ringit! App infringes that third party’s intellectual property rights, we (not the ringit! Distributors) shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- LEGAL COMPLIANCE
Access to or use of the ringit! App or any of the iPro Services may not be legal for some or all residents of or persons in certain countries. The fact that the App is accessible in any such country, or appears in the official language of any such country shall not be construed as a representation or warranty with respect to the legality. The availability of the App does not constitute an offer, solicitation or invitation by us for the use of or subscription to the services in any jurisdiction in which such activities are prohibited by law.
If it becomes apparent to us that you are resident in a country in which the use of the Mobile App is not legal, we shall be entitled to immediately close your Account.
You represent and warrant that you will comply with applicable local, state, federal, and international laws when using the ringit! App, and any iPro Materials and Services. Additionally, you acknowledge and agree to comply with any terms, rules and/or policies that may be incorporated into this Agreement, as well as your agreements with your wireless carriers, the ringit! Distributors (such as, and/or including but not limited to Apple®) and other third parties. You will be responsible for any cost and expenses incurred by us (including attorneys’ fees) as a result of your misuse.
- PROHIBITED CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by iPro. By way of example, and not as a limitation, you agree not to:
- abuse, harass, impersonate, intimidate or threaten other ringit! users;
- post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
- use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- use the Service for any money laundering purpose including, but not limited to, concealing the source, destination or identity of any monies used on the ringit! app;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any ringit! user;
- create or submit unwanted email ("Spam") to any other ringit! users;
- infringe upon the intellectual property rights of ringit!, its users, or any third party;
- submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
- reverse engineer, decompile, disassemble, or otherwise attempt to extract, generate or retrieve source code from any compiled binary provided in any iPro product; in whole or in part, except as expressly permitted by mandatory law;
- modify, translate, adapt, arrange or create derivative work based on the ringit! App Materials, in whole or in part, for any purpose;
- export the technology in the ringit! App in violation of applicable export control laws;
- use artificial means, including creating multiple user accounts, to inflate your position and standing with the ringit! leader boards and community;
- advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- sell or otherwise transfer your profile;
- attempt to influence the play or activities in any event that is the subject of a competition on ringit! in which you are involved or in which you have a direct or indirect interest;
- disguise or interfere in any way with the IP address of the computer you are using to access the site or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing the site.
You further agree not to engage in the deliberate transfer of funds via chip dumping* during gameplay. Any accumulation, sharing or exchange of chips either within or outside the games whether for compensation or not is subject to closure of the account and/or removal of all chips from an account whether paid or unpaid.
*Chip dumping is the intentional losing of chips to another player for the purpose of cheating or benefiting the other player.
Violation of our rules may result in the removal of your Content from the Service and/or the canceling of your account. You acknowledge and agree that iPro may remove any User Content and terminate any ringit! account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content).
- OUR RIGHT TO REFUSE ACCESS
WE RESERVE THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON, TEMPORARILY OR PERMANENTLY, AND WITHOUT ANY NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DENIAL OF ACCESS, MODIFICATIONS TO, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
- TERMINATION AND CLOSURE OF YOUR ACCOUNT
You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your ringit! account, any associated email address, and access to our Services. Cause for such termination, limitation of access or suspension shall include, but is not limited to: (i) breaches or violations of the Terms or Rules or other incorporated rules, agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) discontinuance or material modification to the ringit! Materials, (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, and (vi) engagement by you in fraudulent or illegal activities.
Effect of Termination
You agree that all terminations, limitations of access and suspensions of your ringit! account shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination, limitation of access or suspension of your account, or access to our Services. Terminating your account includes any or all of the following: (i) terminating your access to all or part of our Services, (ii) deleting your password and all related information, files and content associated with or inside your account (or any part thereof), and (iii) barring you from further use of all or part of our Services. Upon termination, you will lose access to your account but you will remain responsible for fees for wireless carrier services or that any third party may legally impose, if any. We will have no further liability to you or any further obligations under this Agreement.
- RESPONSIBLE GAMING
We are committed to supporting Responsible Gaming initiatives. For those users who wish to restrict their ability to utilize ringit!, we provide a voluntary self-exclusion policy, which enables you to close your account or restrict your ability to participate in any games or activities on the ringit! App for a minimum period of six months. You can ask that the restriction lasts for a period of up to five years. Once your Account has been self-excluded you will be unable to reactivate the Account under any circumstances until the expiry of the period chosen under this paragraph. At the expiry of the self-exclusion period you will be entitled to re-commence use of the Services by contacting Customer Services or by opening a new account.
We will use our reasonable endeavors to ensure compliance with self-exclusion. However, self-exclusion requires the joint commitment of both you and the Operator. During the self-exclusion period you must not attempt to try to open new accounts and you accept that we have no responsibility or liability whatsoever if you continue using the ringit! App, and we fail to recognize or determine that you have requested self-exclusion in circumstances which are beyond our reasonable control.
- LINKS TO OTHER WEBSITES; DEALINGS WITH ADVERTISERS; THIRD-PARTY PRODUCTS AND SERVICES; AND LICENSE TERMS
The ringit! Mobile App may include links to other websites (e.g., sponsors’, or advertisers’ websites) or services. You acknowledge and agree that we are not responsible for the availability of such external sites, or resources, that we do not endorse and are not responsible or liable for any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on or available through linked sites is solely at your own risk.
Dealings with Advertisers
Our Services may be advertising sponsored and may include advertisements presented each time ringit! is initially accessed, and you consent to receiving such advertisements. You understand and agree that your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the ringit! Mobile App or website are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our App.
Products or Services Provided by Third-Parties
Parties other than iPro may provide services or sell products via the ringit! Mobile App or Website. We are not responsible for examining or evaluating, and we do not make any representations regarding, or warrant the offerings of, any of these businesses or the content of their product and service offerings. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
- CARRIER CHARGES
The ringit! Mobile App delivers content via (i) mobile carrier networks through their data channel, text messaging, and (ii) proprietary communication channels. YOU MAY INCUR DATA CHARGES AND TEXT MESSAGING CHARGES THROUGH YOUR USE OF THE RINGIT! APP. WE RECOMMEND THAT YOU HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN AND MONITOR SUCH USAGE REGULARLY. TO DETERMINE IF YOU HAVE AN ADEQUATE DATA AND TEXT MESSAGING PLAN WE RECOMMEND YOU CONTACT YOUR WIRELESS CARRIER TO VERIFY YOUR PLAN AND ASSOCIATED COSTS FOR DATA AND TEXT MESSAGES. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY CARRIER CHARGES ASSOCIATED WITH THE USE OF THE RINGIT! MOBILE APP.
- SCOPE OF LICENSE
Subject to your compliance with these Terms, iPro grants you a limited non-exclusive, non-transferable license to download and install a copy of the ringit! app on a single device that you exclusively control and to run such copy of the app solely for your own personal use. iPro reserves all rights in and to the ringit! mobile App. not expressly granted to you under these Terms. You may not run any version of the app on a jail broken* device.
*A Jail broken device is one in which the software restrictions imposed by the device’s operating system have been removed to allow for software exploits.
If you have downloaded the ringit! app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
With respect to any open source or third-party code that may be incorporated in the iPro Materials, such open source code is covered by the applicable open source or third-party EULA, if any, authorizing use of such code.
The foregoing license grant under this Agreement is not a sale of the iPro Materials or any copy thereof and we retain all rights, title, and interest in the iPro Materials (and any copy thereof) and Services. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We reserve all rights not expressly granted under this Agreement.
Termination of License
The license is effective until terminated by you or us. Your rights under this license terminate automatically without notice from us if you fail to comply with any term(s) of this license and Agreement. Upon termination of the license you shall cease all use of and disable the ringit! App (and any copy thereof).
- USER CONTENT
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not iPro, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will iPro be liable in any way for any User Content.
You acknowledge that iPro may or may not pre-screen User Content, but that iPro and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, iPro and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in iPro’s sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate and bear all risks associated with the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
With respect to User Content you submit or otherwise make available on or to the Service, you grant iPro an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. iPro reserves the right, but has no obligation, to monitor disputes between you and other users.
- IT FAILURE
Where problems occur in the software or hardware used by us to provide the Services, we will take all reasonable steps to remedy the problem as soon as reasonably practicable.
You agree to indemnify and hold harmless, iPro and the ringit! App Distributors (such as, and/or including, but not limited to, Apple®), including all respective employees, directors, officers, shareholders, partners, agents, and permitted assigns, for, from and against any and all damages, losses, liabilities, obligations, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ and other professional fees related to third party claims, demands, charges or investigations, arising out of or in connection with (i) your use of iPro Materials, in whole or in part, including without limitation your use or misuse of any location information, addresses, directions, or any other data you may obtain while using the iPro Materials, (ii) your breach of this Agreement or your failure to carry out any obligation or responsibility hereunder, (iii) any violation by you of any requirements or restrictions of ours of any of Suppliers, and of the ringit! App Distributors or applicable laws, rules or regulations, or any access to or use of the ringit! App, (iv) the use or misuse of the location based information disclosed to third parties. In no event will you settle any claim without our prior written approval. We reserve the right, without waiving any rights to indemnification, including reimbursement of reasonable legal fees and costs, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without your prior written consent. All indemnification obligations will continue in effect even after, and notwithstanding, any expiration or termination of this Agreement.
- DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that iPro has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release iPro from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. iPro makes no representations concerning any Content contained in or accessed through the Service, and iPro will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
- LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER IPRO NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF IPRO HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE SITE OR SERVICE; THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURS OF IPRO’S SOFTWARE OR HARDWARE OR THOSE OF ITS SUPPLIERS, VENDORS OR OTHER PROVIDERS;FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT A USER TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IPRO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO IPRO FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR GAMES OR ACTIVITIES COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
- NO THIRD PARTY BENEFICIARIES
Except as otherwise expressly provided in these Terms for iPro’s parents, subsidiaries, affiliates and its marketing, promotional and other partners, there shall be no other third party beneficiaries to these Terms and a person who is not a party to these terms of service has no right to enforce any of the terms under the Contracts (Right of Third Parties) Act 1999.
- CLAIMS OF COPYRIGHT & INTELLECTUAL PROPERTY INFRINGEMENT
iPro may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide iPro a written Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service;
- your address, telephone number, and email address;
- a 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;
- a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution
Our Customer Support Department is available via the website to address any concerns you may have regarding the Services. Our Customer Service Department is able to resolve most concerns quickly to our customers’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement. Good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate or ask a court to require binding arbitration as the sole means to resolve claims, subject to the below terms. Specifically, if arbitration is elected all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled on an individual (non-class) basis by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes. If the AAA is unable to serve as administrator, a court shall select the administrator or arbitrator if the parties are unable to agree on a replacement.
This arbitration provision shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1 et seq., and not by any state arbitration law. The arbitrator, and not any international, 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 Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration; provided, however, that any dispute concerning whether the Class Action Waiver below is valid or enforceable shall be determined by a court, not an arbitrator. The arbitrator shall be empowered to grant whatever relief would be available in an individual action in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration 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, iPro will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, iPro will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. 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. The parties knowingly and voluntarily waive their right to a trial by jury or by a judge for any claim that is arbitrated.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents of other countries, arbitration shall be initiated in the County of Clark, State of Nevada, United States of America, and you and iPro agree to submit to the personal jurisdiction of any federal or state court in Clark County, Nevada, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action, private attorney general action or other representative action, and the parties expressly waive their right to file a class action or a private attorney general action or to seek relief on a class or other representative basis in court or in arbitration with respect to arbitrable claims. YOU AND IPRO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. In addition, unless agreed to by all parties, claims brought by or against one party may not be joined or consolidated in the arbitration with claims of any other persons.
Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the foregoing, any party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; however, if the small claims action is transferred, removed or appealed to a different court, either party has the right to elect arbitration.
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 above by sending written notice of your decision to opt-out to the following address: 930 Tahoe Blvd, Suite 802-591, Incline Village, NV. 89451. The notice must be sent within 30 days of your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, iPro will also not be bound by them. Opting out will not affect any of the other terms in this Agreement.
For any dispute not subject to arbitration, you and iPro agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Nevada. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
Conflicts; Severability; Survival
In the event of a conflict between this arbitration provision, on the one hand, and any applicable rules of the AAA or any other Terms, on the other hand, this arbitration provision shall control. This arbitration provision shall survive termination or changes in the Terms of Service, termination of your account or the relationship between you and us and any bankruptcy by you. If any part of this arbitration provision other than the Class Action Waiver is declared unenforceable, the remainder shall be enforceable. If this Class Action Waiver is declared unenforceable in a proceeding between you and us, without impairing the right to appeal such decision, this entire arbitration provision (except for this sentence) shall be null and void in such proceeding.
- SUBMITTING IDEAS, OR INNOVATIONS TO IPRO
By submitting ideas, suggestions, documents, proposals, products and/or technologies (“Ideas” or “Innovations”) to us through email or any suggestion or feedback links or mail, you acknowledge and agree that: (i) your Ideas and/or Innovations do not contain confidential or proprietary information, (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Ideas and Innovations, (iii) we shall be entitled to use or disclose (or choose not to use or disclose) such Ideas and Innovations for any purpose, in any way, in any media worldwide, (iv) we may have something similar to the Ideas and Innovations already under consideration or in development, (v) your Ideas and Innovations which are not subject to a patent, automatically become our property without any obligation to you, and (vi) you are not entitled to any compensation or reimbursement of any kind from us, under any circumstances.
- GENERAL INFORMATION
This Agreement, including any documents referred to herein, constitutes the entire and exclusive statement of Agreement between the parties with respect to its subject matter, superseding any and all previous proposals, representations or statements, oral or written. In entering into this Agreement, neither party has relied upon any statement, representation, warranty, nor agreement of the other party except for those expressly contained in this Agreement. Any representations, warranties, or promises alleged between the parties pertaining to the subject matter of this Agreement that differ in any way from this Agreement’s provisions are of no effect. The provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. There are no condition precedents to the effectiveness of this Agreement other than those expressly stated in this Agreement.
The failure of iPro to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, acts of public enemies, actions of governmental authorities outside of the control of iPro (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
Severability of Terms
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
This Agreement and any action arising from or relating to its subject matter, whether at law or at equity for contracts or for torts, shall be governed by and construed and enforced in accordance with the laws of the State of Nevada without reference to conflicts of laws, provided, however, that the arbitration provision is Section 22 shall be governed by the FAA.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by us without restriction.
Any provisions concerning the limitations of liability, disclaimers, and indemnification contained herein will survive any expiration or termination of this Agreement.
The heading references herein are for convenience only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof.
- WHAT TO DO IF YOU ARE AWARE OF A VIOLATION
You agree that if you witness or become aware of any user activity that violates the Terms of Service, and/or Rules then in effect, you shall as soon as practicable report it to us at firstname.lastname@example.org. We cannot guarantee that any action will be taken as a result of your email, but we appreciate your assistance in bringing it to our attention.
- NOTIFY US OF ACTS CONTRARY TO THIS AGREEMENT
If you believe that you are entitled or obligated to act contrary to this Agreement or any mandatory laws, you agree to provide us with detailed written notice thirty (30) days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
- PRODUCT SPECIFIC TERMS OF SERVICE
iPro’s fantasy sports products are played for real money. You acknowledge that engaging in any ringit! Fantasy game is done solely at your own risk. These games are governed by the Official Game Rules as well as the additional terms below. When engaged in the ringit! Fantasy mode, you agree to abide by the following additional terms of service specific to fantasy.
Game of Skill
ringit! fantasy contests are games of skill. For each contest, winners are determined by the individuals who use their skill and knowledge of the relevant events they are wagering on.
Neither iPro nor any of its products are affiliated with or sponsored by the National Football League, the National Hockey League, the National Basketball Association, Major League Baseball or any other professional sports association.
- ELIGIBILITY REQUIREMENTS
You must be at least 18 years of age to participate in fantasy contests offered by ringit!. In jurisdictions, territories, and locations where the minimum age for permissible use of ringit!’s fantasy mode is greater than 18 years old, you must meet the age requirement to participate in ringit! fantasy contests while physically located in these jurisdictions.
It may be an offense for persons under the Relevant Age to make use of certain parts of the Website or the ringit! App. If we are unable to confirm that you are the Relevant Age then we may suspend your account until such time that we are able to confirm that you are the Relevant Age. If you are subsequently proven to have been under the Relevant Age at the time you made any gaming transactions with us, then:
- your account will be closed;
- all transactions made whilst you were underage will be made void, and all related funds deposited by you will be returned by the payment method used for the deposit of such funds, wherever practicable;
- any deposits made whilst you were under the Relevant Age will be returned to you; and
- any winnings which you have accrued during such time when you were under the Relevant Age will be forfeited by you and you will return to us on demand any such funds which have been withdrawn from your account.
You may establish, maintain, use and control only one account on the Service. In the event iPro determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that iPro may have, iPro reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
Jurisdictions in the US where Fantasy Contests are Allowed
If you are physically located in any of the following states, you are eligible to open an account and participate in iPro fantasy contests offered by the app: California, Kansas, Massachusetts, New Hampshire, New Mexico, North Carolina, North Dakota, Pennsylvania, Utah and West Virginia (the “Eligible States”). If you are physically located in any other state in the US, you are unable to deposit funds and are ineligible to participate in any fantasy contests. The Eligible States are subject to change based on legal or regulatory changes.
iPro employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes. iPro consultants or promoters of the Service may play in contests without such limitation, but only if (i) their arrangement with iPro does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
All employees, consultants and affiliates of other fantasy sports companies are prohibited from using insider information which they have access to through their work to gain an advantage in any ringit! Fantasy contest. If iPro, in its sole discretion, determines that a player has won a contest using insider information, all winnings will be forfeited and the player will be banned from participating in any other ringit! Fantasy contests.
Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any ringit! fantasy contests in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.
If you do not meet all of the eligibility requirements detailed above, then you are not authorized to use the Service. In addition to any other rights that iPro may have in law or equity, iPro reserves the right to suspend or terminate the account (and terminate, withhold or revoke the awarding of any prizes associated with such account) of any purported user of the iPro Service that does not meet the foregoing requirements. iPro may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize.
- CONDITIONS OF PARTICIPATION
By registering for a ringit! account, you warrant that:
- you are the rightful owner of the money which you at any time deposit in your Account;
- you authorize us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm these facts (the "Checks"). You agree that from time to time, upon our request, you may be required to provide additional details in respect of any of such information you have provided us, including in relation to any deposits which you have made into your account.
Whilst we are undertaking any Checks from time to time, we may restrict you from withdrawing funds from your account and/or prevent access to all or certain parts of the website or the mobile app. Please note that we may re perform the Checks for regulatory, security or other business reasons. If any such restrictions cause you a problem, please contact Customer Services.
By entering a ringit! fantasy contest, you consent to iPro’s and its service providers’ and business partners’ use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other ringit! contests and iPro generally, unless otherwise prohibited by law. Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to iPro, Inc. for up to 20 hours (or a higher quantity where specified by the rules of particular contests) of publicity, advertising and promotional activities relating to the contest or other iPro products, services or events, without additional compensation. iPro, Inc. and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that iPro Inc. may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of ringit!, or other contests or games operated by iPro Inc. You agree that participation in and (where applicable) the winning of a prize in connection with a ringit! fantasy contest constitutes complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
- GAME RULES
Each ringit! fantasy contest is governed by the Official Rules policy. By participating in a ringit! fantasy contest, you acknowledge that you have read and understand the official rules.
Each ringit! fantasy contest has an entry fee listed. When you opt to participate in a contest, that amount will be debited from your ringit! account. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in iPro’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. iPro reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
ringit! offers fantasy contests for multiple sports and other publicized events. All fantasy contests must be resolved over a minimum of two events. If making picks on two separate live events cannot occur for any reason (ie. rainout, natural disaster, etc.), the contest will be cancelled and entry fees will be refunded.
The term for a specific contest will be posted in the contest details.
Winners are determined by the criteria stated in each contest's rules. After each contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players in each contest who accumulate the most points and comply with eligibility requirements and applicable rules will win prizes as set out in the contest details. Prizes are added to the winning player's account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
ringit! offers a number of different types of fantasy contests. For each contest, we announce the entry fees and prizes in advance on the contest page.
Prize calculations are based on the results as of the time when final scoring is tabulated by iPro. Once winners are initially announced by iPro, the scoring results will not be changed in light of official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. iPro has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments.
No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, iPro reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of ringit! fantasy contests, iPro Inc. is the sole judge and its actions are final and binding.
Winners are generally posted on the Site within 24 hours after the conclusion of each contest. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner.
To the extent required by your local law or tax or other authorities you are responsible for reporting your winnings and losses arising from the Services. iPro may also report winnings to the appropriate authorities to comply with applicable law.
All players who have won $600 or more (net of all entry fees) in one year must provide address and social security details to iPro Inc. prior to receiving payment. These details will be used to file a 1099-MISC with the Internal Revenue Service.
Bonuses and Promotions
We frequently offer bonuses to newly depositing ringit! users and for other marketing purposes. Pending bonus is converted into a player’s cash account as the player enters real money contests. Unless otherwise stated, any unconverted pending bonus remaining in a player’s account 45 days after it has been initially credited can be removed by iPro. Any cash bonus a new user receives is for entry into fantasy competitions on ringit!. Promotional deposits, credits, and other bonuses may not be withdrawn from a ringit! account unless the specific terms of the promotion are achieved first by the user. At a minimum, promotional deposits, credits and bonuses can only be withdrawn if they have been previously entered into at least one game. If a user attempts to immediately withdraw money after a deposit which delivers a deposit bonus then the bonus will be retracted. Pro reserves the right to restrict any player's right to receive a deposit bonus. In the event of abuse of the bonus system by any user, iPro reserves the right to retract user bonuses.
In addition to the terms set forth above, all contests are governed by The Official Game Rules. By using our Services you acknowledge you have read and understand the Official Contest Rules.
- ACCOUNT MANAGEMENT
Wagering account deposits must be made by approved electronic transfers. You must deposit monies into your Account from an account or source of which you are the account holder. If you use a payment method in respect of which you are not the account holder, we reserve the right to treat any deposit into the Account as being invalid (and any winnings arising from such deposit as void) pending the satisfactory completion of all relevant Checks. The minimum deposit is $20.
You further agree not to make any charge-backs, reversals or otherwise cancel any deposits into Your Account, and in any such event to refund and compensate us for such unpaid deposits including any expenses incurred by us in the process of collecting your deposit.
Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. No interest shall accrue on funds deposited in a customer’s account. Funds may not be deposited into a suspended or closed account. iPro reserves the right to refuse deposits to accounts for what it deems in its sole discretion to be a sufficient reason.
Any account deposit that is followed by a refund request without any actual gaming activity will be assessed a fee of $1.
An account holder may withdraw funds from an active account at any time up to the amount of the account balance. Withdrawal requests must be made electronically on the ringit! App. iPro reserves the right to conduct Anti-fraud checks on playing patterns and deposits prior to processing your withdrawals. iPro reserves the right to request additional information prior to approving your withdrawal. Withdrawals of One Thousand Dollars ($1,000) or more may be subject to a hold of an additional five (5) business days. iPro reserves the right to pay withdrawals by ACH or electronic transfer methods. Withdrawn funds may be mailed to the account holder at the address given.
All withdrawal requests greater than the original deposit amount will be fulfilled by ACH transfer to the account holder. A withdraw request for the amount of the original deposit amount can be made by the original deposit instrument. In cases where the initial deposit to the ringit! account was made via PayPal, the account holder can choose to have the withdrawal request credited to the same PayPal account from which the original deposit was made.
If iPro is unable to fulfill the withdrawal via ACH or PayPal, iPro reserves the right to pay by check or any other reasonable means as determined by iPro's sole discretion.
The currency of all withdrawals will be issued in USD regardless of the currency used to make the deposit.
We will hold monies in the deposit account as trustee for you and not as your banker or debtor. Therefore, notwithstanding any other provision in the Terms of Service, we will deal with your money as a trustee, and no such provision shall create or give rise to any obligation on the part of the Operator (or any other Operator Group company) to repay money to you as your debtor.
In cases where you have received a bonus or other benefits as a result of your deposit and have not yet played through the deposit (entering contests whose total entry fees equal the value of the deposit), iPro reserves the right to refuse the withdrawal and/or close the your account.
iPro reserves the right to refuse any withdrawal request that doesn’t meet the above guidelines.
You acknowledge that in the event that your account with a surplus of funds remains inactive for 12 months, we reserve the right to start charging $20 per month. Such charges will be deducted from your account funds.
- PROHIBITED CONDUCT
As a condition of use, you agree not to engage in the deliberate transfer of funds via chip dumping during gameplay. Any accumulation, sharing or exchange of chips either within or outside the games whether for compensation or not is subject to closure of the account and/or removal of all chips from an account whether paid or unpaid.
- IT FAILURE
Where IT problems cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to you or other players, we will take all reasonable steps to treat you in a fair manner (which may include reinstating the balance on your Account to the position existing following completion of the last bet or game logged on the Operator's server immediately prior to the occurrence of the problem).
- ERRORS OR OMISSIONS
A number of circumstances may arise where a prediction is accepted, or a payment is made, by us in error. Where we misstate any odds or terms of a prediction to you as a result of an error or omission in inputting the information or setting up a market, or as a result of a computer malfunction, we reserve the right to:
- void incorrect payouts;
- correct any error made on a prediction placed and re-settle the same at the correct price or terms which were available or should have been available through the Operator (absent the publishing error) at the time that the prediction was placed and the bet will be deemed to have taken place on the terms which were usual for that bet; or
- where it is not reasonably practicable to correct and re-settle, to declare the prediction void and return your stake into your Account;
Any monies which are credited to your Account, or paid to you as a result of an Error shall be deemed, pending resolution, to be held by you on trust for us and shall be immediately repaid to us when a demand for payment is made by us to you. Where such circumstances exist, if you have monies in your Account we may reclaim these monies from your Account. We agree that we shall use all reasonable endeavors to detect any Errors and inform you of them as soon as reasonably practicable.
Neither we (including our employees or agents) nor our partners or suppliers shall be liable for any loss, including loss of winnings, that results from any error by us or an error by you.
You shall inform us as soon as reasonably practicable should you become aware of any error.
Where you have used monies which have been credited to your Account or awarded to you as a result of an error to make subsequent predictions, we may cancel such bets and/or withhold any winnings which you may have won with such monies, and if we have paid out on any such bets or gaming activities, such amounts shall be deemed to be held by you on trust for us and you shall be immediately repay to us any such amounts when a demand for repayment is made by us to you.
In the event of a dispute, the account holder must contact iPro’s Customer Support. A Customer Support Agent will obtain all information regarding the dispute.
IMPORTANT NOTICE: The social games and other activities available in the ringit! application are intended only for amusement purposes and for use only by those who satisfy the eligibility requirements below. No actual money or anything of value can be won using the ringit! Application.
- ELIGIBILITY REQUIREMENTS
You must be at least 18 years of age to participate in social contests offered by ringit!. In jurisdictions, territories, and locations where the minimum age for permissible use of ringit!’s social mode is greater than 18 years old, you must meet the age requirement to participate in ringit! social contests while physically located in these jurisdictions. In addition to meeting the minimum age requirement discussed above, certain benefits and programs may require you to be at least 21 years of age.
- VIRTUAL GOODS
The Services may include an opportunity to license from iPro a variety of virtual items, such as virtual in-game currency, virtual goods, additional levels and content packs (collectively, “Virtual Goods”), which iPro may award to you for free or make available to you for purchase using real-world money. When you use Virtual Goods within the Services, any Virtual Goods that you have purchased will be deemed used before any Virtual Goods that you have earned.
Any purchase or award of Virtual Goods provides you a limited, non-transferable, revocable license to use those Virtual Goods solely within the Services, which license is subject to your continued compliance with this Agreement. Virtual Goods may never be sold or redeemed for real money, goods, or any other item of monetary value from the Company or any other party. You have no right or title in Virtual Goods other than the extent of your limited license. Virtual Goods have no economic value and provide no economic advantage or gain to you.
Any purchase by you of the limited license for Virtual Goods is final and is not refundable or exchangeable, except in iPro’s sole discretion. You may not, directly or indirectly, purchase, sell, transfer, or exchange Virtual Goods or your account outside the Services. Doing so is a violation of this Agreement that will void all of your Virtual Goods. It also may result in legal action by the Company to disgorge the proceeds of any transaction in violation of this Agreement and for other available legal relief.