Terms And Conditions
1. Acceptance of terms Dewlers,LLC. and Dewlers Limited (collectively, “We”, “Us”, or “Dewlers”) provide a social gaming website located at Dewlers.com (the “Site“) and a related mobile app — which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features, contests, Dewls and other services they provide. Residents of the United States will be contracting with Dewlers, LLC. and residents of Canada will be contracting with Dewlers Limited. The Site, the mobile app, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by Dewlers LLC are referred to here as the “Service.” Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Service. By using or otherwise accessing the Service, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and our additional Rules, Stacks system, memberships and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy and (3) any additional terms, rules and conditions of participation in particular Dewls issued by Dewlers from time to time. If you do not agree to the Terms, then you may not access or use the Content or Services. Dewlers may issue additional terms, rules and conditions of participation in particular Dewls. For example, Dewlers may issue conditions as required by various state rules and regulations, which may impact your experience or participation in the Service. You agree to be subject to those additional rules if you participate in such dewls.
2. Modification of Terms of Use Except for Section 15, providing for binding arbitration and waiver of class action rights, Dewlers reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.
3. Eligibility You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms. By depositing money or entering a dewl, you are representing and warranting that:
* you are of 18 years of age or older (21 years of age or older in Massachusetts & Iowa, 19 years of age or older in Alabama)
* you are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada;
* at the time of deposit or dewl entry you are physically located in the United States of America or Canada in a jurisdiction in which participation in the Dewl or contest is not prohibited by applicable law;
* you are not listed on any U.S. Government list of prohibited or restricted parties;
* you will abide at all times by these Terms of Use and any other agreements between you and Dewlers regarding your use of the Service or participation in Dewls;
* you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
If Dewlers determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. Dewlers makes no representation that participation in paid entry Dewl is lawful under Delaware state law. Dewlers may require you to provide proof that you are eligible to participate according to this section prior to receiving rewards. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 4 below). If Dewlers otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Dewlers may have in law or equity, Dewlers reserves the right to terminate your account, withhold or revoke the awarding of any rewards associated with your account or limit your ability to withdraw. In such a situation, Dewlers may pay out any withheld or revoked rewards to the other entrants in the relevant dewls in a manner consistent with the reward structure of the dewl, to be precisely determined by Dewlers in its sole discretion. Dewlers also reserves the right to withhold revoked rewards to use in furtherance of its fraud prevention or anti-money laundering efforts. Dewlers consultants or promoters of the Service may play in Dewls without such limitation, but only if (i) their arrangement with Dewlers 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. Additionally, Dewlers may maintain information about the entrant sufficient to assist Dewlers in blocking the user from entering future Dewlers dewls, unless and until Dewlers determines, in its sole discretion, that the entrant is no longer access to pre-release non-public confidential data about game-related information. Dewlers offers proactive tools and support meant to encourage healthy player behavior and deliver positive player experiences. We also allow qualified third parties, who have concerns about a player’s ability to manage his or her play, to request a limitation on that player’s use of Dewlers. You can learn more about our responsible play policies and tools at www.Dewlers.com Dewlers is not affiliated with or sponsored by the National Football League, the National Hockey League or Major League Baseball.
4. Conditions of participation
4.1 Registration
In order to participate in a dewl on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Dewlers has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Dewlers may deny you access to areas requiring registration, or terminate your account, at its sole discretion. You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event Dewlers determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Dewlers may have, Dewlers reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Stacks. You agree that the sole and specific purpose of creating an account on Dewlers is to participate in dewls on the Service. Dewlers shall be entitled to suspend, limit or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in dewls on the Service. In such circumstances, we may also report such activity to relevant authorities.
4.2 Account Password and Security
At the time of registration for online account access, you must provide a valid email address and 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 Dewlers in its sole discretion deems offensive. Many portions of the Service require registration for access (the “Restricted Areas“). You are responsible for maintaining the confidentiality of Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Dewlers of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. Dewlers 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 Dewlers is authorized to act on instructions received through the use of your Username and Password, and that Dewlers 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. Dewlers may require you to change your Username or may unilaterally change your Username.
4.3 Communications and Information Practices
As a result of your registration for the Service, you may receive certain commercial communications from Dewlers. 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 protected]. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
4.4 Disqualification and Cancellation
Dewlers also reserves the right to cancel a dewl, in our sole discretion, without any restrictions. Dewlers, in its sole discretion, may disqualify you from a dewl or the entire Service, refuse to Stacks and require the return of any Stacks, or suspend, limit, or terminate your account if you engage in conduct Dewlers deems, in its sole discretion, to be improper, unfair, fraudulent 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, including payment information, required to use the Service or claim Stacks or rewards; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or rewards through unauthorized methods such as unauthorized 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 dewlers information and spamming other dewlers; and abusing the Service in any way; or otherwise violating these Terms of Use. You acknowledge that the forfeiture and/or return all Stacks and shall in no way prevent Dewlers from informing the relevant
authorities, and/or 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 dewls in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Dewlers corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Dewlers 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 dewls received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site. The failure of Dewlers to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Dewlers (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
4.5 Deposits and Withdrawals Generally
By depositing funds or entering a dewl, you agree to provide us with a valid mailing address, date of birth and social security number and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to deposit funds into your account and participate in dewls, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you. We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.
Deposits, and player winnings after dewls are finished, are held in a separate, segregated bank account by a subsidiary of Dewlers, LLC. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and Dewlers may not use them to cover its operating expenses or for other purposes. Your withdrawals will be made from this segregated bank account, and checks issued from that account may bear the name of Dewlers’ subsidiary. Dewlers may limit the amount a user can deposit into his or her account in accordance with state-imposed deposit limits. In cases where you have participated in a promotion to receive a bonus or other benefit, you may be required to play through your deposit (by entering dewls) whose total entry fees equal the value of the deposit to receive the entirety of such bonus.
4.6 Taxation
Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to Dewlers. These details will be used to allow Dewlers to comply with tax regulations and may be shared with appropriate tax authorities. You, not Dewlers, are responsible for filing and paying applicable state and federal taxes on any winnings. Dewlers does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
4.7 Publicity
By entering a dewl, you consent to Dewlers' and its service providers' and business partners' use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected dewl and/or other Dewlers promotions and Dewlers generally, unless otherwise prohibited by law. Dewlers LLC and its business partners reserve the right to make public statements about the dewlers and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Dewl or contest. Dewlers agree that Dewlers LLC 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 Dewlers or other contests, Dewls or games operated by Dewlers LLC. You agree that participation in and (where applicable) the winning of any prize and Stacks in connection with a dewl constitute 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 or dewls may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
5. Game Rules
5.1 Game of Skill
Dewlers is a game of skill. Winners are determined by the criteria stated in each Dewls' rules. For each dewl, winners are determined by the individuals who use their skill and knowledge of relevant professional information and rules to accumulate the most Stacks. Stacks are accumulated through the performance of individual Dewlers.
5.2 Entry fees Each Dewlers contest or Dewl is listed in stacks. When you opt to participate in a dewl, that amount in stacks will be debited from your Dewlers account. Then, follow the links and instructions provided for entry. 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 Dewlers’ opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Dewlers reserves the right not to award Stacks to an individual it believes in its sole discretion did not submit the winning entry. Users may not cancel dewls at anytime before 24hrs, then dewl expires unless a chosen block of dates for dewl then dewl will expire 24hrs after last day of the created dewl. If you timely cancel your dewl, your dewl fee will be refunded back into your Dewlers account. Dewlers has no obligation to honor cancellation requests received within before 24hrs of or after game start. Similarly, dewls lock when the dewl starts and no more entries or any changes may be made at that time.
5.3 Contest/Create a Dewl Term
Dewlers offers Dewls and in the near future contests for members to create their own challenges against other members, these challenges generally take place in a single day or specified date range by dewl creator.
5.4 Prizes
After each Dewl or contest ends, the winner is chosen immediately by a witness, by the creator or Dewlers LLC of the Dewl or contest but remains subject to final verification. Stacks are added to the winning player's account balance. Dewlers offers a number of different types of Dewls and contests. For each Dewl the Dewl creator chooses the amount of stacks they want to Dewl for and has to wait for the chosen opponent to accept the terms of Dewl before the Dewl can become live and ready for play. In a Dewlers created contest, we announce the entry fees and prizes in advance on the contest page. For a summary of entry fees and prizes for currently open contests please login and visit the main lobby. Stack calculations are based on the results as of the time when the final decision by the witness or dewl creator is confirmed by Dewlers. Once winners are initially confirmed by Dewlers, the results will not be changed, though we reserve the right to make adjustments based on any errors. We also may make adjustments in the event of noncompliance with the Terms. Dewlers has no obligation to delay the awarding of a Stacks 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 Stacks is permitted. All taxes associated with the receipt or use of any Stacks are the sole responsibility of the winner. In the event that the awarding of any Stacks to winners of the dewls is challenged by any legal authority, Dewlers reserves the right in its sole discretion to determine whether or not to award or adjust such Stacks. In all disputes arising out of the determination of the winner of Dewlers dewls, Dewlers LLC is the sole judge and its actions are final and binding.
5.5 Notification
Winners are notified of results of each dewl immediately after a Winner is chosen by witness or dewl creator. 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 Stacks notification returned as undeliverable may result in disqualification and selection of an alternate winner. In addition, a list of winners and winner's names for each dewl may be obtained by writing to: Dewlers,LLC.,
United States Corporation Agents, Inc Legal Zoom
300 Delaware Ave #210-A Wilmington, DE 19801
5.6 Bonuses and Promotions
Full offer details available here
We frequently offer bonuses to newly depositing users and for other marketing purposes. Certain bonuses are awarded as a “pending bonus” earned gradually when users enter and complete paid Dewls. A user’s pending bonus is converted into a monetary credit that can be used to play on Dewlers as the user enters real money contests and Dewls in accordance with the terms of the offer or promotion. 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 Dewlers. Any credit a new user receives is for entry into competitions or Dewls on Dewlers and can only be withdrawn if they have been previously entered into at least one dewl. Additionally, if a user immediately withdraws money after a deposit which delivers a deposit bonus then the bonus will be retracted. In the event of abuse of the bonus system by any user, Dewlers reserves the right to retract your user bonuses or stacks. Dewlers may also offer Dewlers Points, or FDP, in accordance with the terms of a promotion or for other marketing purposes at Dewlers’ sole discretion.
We frequently offer monetary credits for dewlers competing in competitions, Dewls and Giveaway/Freeroll tournaments or for referring new users to Dewlers. Dewlers reserves the right to reclaim these credits if players do not use them to enter real money contests or Dewls within 1 month of their initial crediting, or within the minimum amount of time allowed by applicable law. These credits can be used to enter real money contests but cannot be immediately withdrawn.
5.7 Stats Providers
Dewlers utilizes third-parties to provide statistics for most contests. STATS Inc. provides statistics for all NFL, MLB, NHL, NASCAR, College Football, and College Basketball contests. SportRadar provides statistics for all NBA, PGA, WNBA and Tennis contests.
6. 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 Dewlers. By way of example, and not as a limitation, you agree not to:
* abuse, harass, impersonate, intimidate or threaten other Dewlers users;
* post or transmit, or cause to be posted or transmitted, any Content that are 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;
* 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 Dewlers user;
* create or submit unwanted email ('Spam') to any other Dewlers users;
* infringe upon the intellectual property rights of Dewlers, 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;
* use artificial means, including creating multiple user accounts, to inflate your position and standing with the Dewlers leader boards and community;
* use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry;
* 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 users without their prior explicit consent;
* sell or otherwise transfer your profile;
* attempt to influence the play in any sporting event from which athletes are available for selection in Dewlers contests and Dewls on Dewlers.com in which you are involved or in which you have a direct or indirect interest.
* enter into contests and Dewls, by any means including multi-accounting, for which you are ineligible (e.g., beginner contests when you are not a beginner). Violation of our rules may result in the removal of your Content from the Service, forfeiture of winnings, and/or the canceling of your account. You acknowledge and agree that Dewlers may remove any User Content (as defined below) and terminate any Dewlers 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). To report Terms of Use violations, please contact us.
6.1 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 Dewlers, 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 Dewlers be liable in any way for any User Content.
You acknowledge that Dewlers may or may not pre-screen User Content, but that Dewlers 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, Dewlers and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Dewlers’ 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 Dewlers 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. Dewlers reserves the right, but has no obligation, to monitor disputes between you and other users.
7. Indemnity
You agree to release and to indemnify, defend and hold harmless Dewlers and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Dewlers reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Dewlers in the defense of such matter.
8. Warranty disclaimers
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 Dewlers 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 Dewlers 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. Dewlers makes no representations concerning any Content contained in or accessed through the Service, and Dewlers will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
9. 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 DEWLERS 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 DEWLERS 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; 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 AN ENTRANT 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, DEWLERS 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 DEWLERS FOR GENERAL USE OF THE SITE OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS AND DEWLS 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.
10. Our proprietary rights
All title, ownership and intellectual property rights in and to the Service are owned by Dewlers or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Dewlers, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
11. Links
The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because Dewlers has no control over such sites, applications and resources, you acknowledge and agree that Dewlers is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Dewlers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Termination and suspension
Dewlers may terminate or suspend all or part of the Service and your Dewlers account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Dewlers account, you may contact us via the contact form with a note to say you wish to terminate your account. The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); GAME RULES (only Bonuses and Promotions); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION. If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Dewlers regarding restoration of your account only via [email protected].
13. No third party beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
14. Notice and procedure for making claims of copyright infringement
Dewlers may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property 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 Dewlers’ Copyright Agent 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 above 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. Dewlers' Copyright Agent can be reached in the following ways: Mail: Dewlers,LLC.,
United States Corporation Agents, Inc
Legal Zoom
300 Delaware Ave #210-A
Wilmington, DE 19801 Email: [email protected] You can leave a voicemail for our Copyright Agent at 1-800-475-2250, but you cannot use this number to submit a Notice or to otherwise inform us of alleged copyright infringement. To be valid, a Notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.
15. Binding arbitration and class action waiver PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
15.1 Initial Dispute Resolution Our Customer Support Department is available by phone (646-930-0860) or via the web address any concerns you may have regarding the Service. Our Customer Service Department can resolve most concerns quickly to our players’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.
15.2 Binding Arbitration If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, 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 Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its
Streamlined Arbitration and Procedures, excluding any rules or procedures governing or permitting class or representative actions. Except as set forth in Section 15.5, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. 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. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Dewlers to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Dewlers will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11). The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate,
provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 15 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction. 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.
15.3 Location 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 in Canada, arbitration shall be initiated in the State of Delaware, United States of America, and you and Dewlers agree to submit to the personal jurisdiction of any federal or state court in Delaware, 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.
15.4 Class Action Waiver The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND DEWLERS 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. If there is a final judicial determination that applicable law precludes enforcement of this Paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. If no parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
15.5 Exception - Litigation of Intellectual Property and Small Claims Court Claims Notwithstanding the parties' decision to resolve all disputes through arbitration, either 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 elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
15.6 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: Dewlers,LLC., (Business Address Here). The notice must be sent within 30 days of 08/20/2013 or your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Dewlers also will not be bound by them.
15.7 Changes to this Section Dewlers will provide 30 days’ notice of any changes to this section. Changes will become effective on the 30th day. If you continue to use the site after the 30th day, you agree that any unfiled claims of which Dewlers does not have actual notice are subject to the revised clause. For any dispute not subject to arbitration you and Dewlers agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Delaware. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. The Terms and the relationship between you and Dewlers shall be governed by the laws of the State of Delaware without regard to conflict of law provisions.
16. APPLICATION LICENSE Subject to your compliance with these Terms, Dewlers grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use. Dewlers reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device. If you have downloaded our 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.
17. ADDITIONAL TERMS FOR OUR iOS APP You acknowledge and agree that (i) these Terms are binding between you and Dewlers only, and Apple is not a party hereto, and (ii) as between Dewlers and Apple, it is Dewlers that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app. You acknowledge that Apple is 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 Dewlers, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Dewlers’ responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Dewlers’ 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.
18. GENERAL INFORMATION
18.1 Entire Agreement These Terms (and any additional terms, rules and conditions of participation in particular contests and Dewls that Dewlers may post on the Service) constitute the entire agreement between you and Dewlers with respect to the Service and supersedes any prior agreements, oral or written, between you and Dewlers. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests and Dewls, the latter will prevail over the Terms to the extent of the conflict.
18.2 Waiver and Severability of Terms The failure of Dewlers to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
18.3 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. 18.4 Section Titles The section titles in the Terms are for convenience only and have no legal or contractual effect. 18.5 Communications Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above. 18.6 Account Inactivity Fee If your Dewlers account has no activity for twenty-four (24) months, it will be considered inactive. Dewlers will assess fee of $2.99 per month on all inactive accounts until the account is reactivated by entering a contest or Dewl making a deposit, or withdrawing funds. Dewlers will provide all users subject to an inactivity fee with at least thirty (30) days notice prior to deducting any fees. If your account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, Dewlers is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. Dewlers may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency. Thank you for using Dewlers!
19. User Responsibility:
a. Users are responsible for adhering to this policy and ensuring their bets and activities on Dewlers comply with the guidelines outlined herein.
b. Users must refrain from engaging in any form of sports betting or gambling activities on the Dewlers platform.
c. Users are encouraged to report any suspicious or inappropriate behavior related to gambling or sports betting to Dewlers' support team.
20. Enforcement:
a. Dewlers will enforce this policy by monitoring user activities and investigating reported violations.
b. Users found to be in violation of this policy may face consequences, including the suspension or termination of their accounts.
21. Virtual Currency:
a. Dewlers utilizes a virtual currency system to facilitate friendly bets between users.
b. The virtual currency used within Dewlers holds no real-world monetary value and cannot be exchanged for actual currency or prizes.
c. Users may acquire virtual currency through various in-app activities, such as completing challenges, participating in contests, or receiving bonuses.
22. Prohibition of Sports Betting and Gambling:
a. Dewlers strictly prohibits any form of sports betting or gambling activities within the app.
b. Users are not permitted to place bets on the outcome of sporting events, casino games, lotteries, or any other form of gambling activities through Dewlers.
c. Dewlers reserves the right to monitor user activities and take appropriate action, including the suspension or termination of accounts, for any violations of this policy.