Welcome to PlayerSX, an exclusive community where sports enthusiast and fantasy players from around the world can participate in a unique fantasy market while utilizing sports knowledge, skill and to win prizes. Below, you will find the PlayerSX End User License Agreement (the “Agreement”), which outlines all of the terms and conditions for use of the PlayerSX website (the “Site).” In order to access the Site or the service, you are required to accept the terms and conditions found herein, therefore, please review them carefully.
1. Introduction:
The terms and conditions found herein constitute a legally binding agreement between you (also the “Player”, “Your” or “Yourself”) and PlayerSX and affiliated and parent companies (also “We”, “Us” or “Our”) (collectively, the “Parties”) while you access the Site from any jurisdiction other than a jurisdiction where playing fun or prizes, or peer to peer real money, is already a regulated activity.
2. Acceptance of Terms:
From time to time, you may be required to accept the terms and conditions of this Agreement by clicking a checkbox or other method indicated to you at that time; however, by accessing the PlayerSX software, making use of any of the services (the “Services”), creating and registering an account (the “Account”) with PlayerSX or choosing to participate in or use the services offered on the Site (collectively, the “Games”), you acknowledge that you understand and accept the terms and conditions contained herein , as modified or as changed from time to time as may be necessary.
3. Registration:
In order to participate in a contest 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 PlayerSX has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, we may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
4. 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.
Additionally, you must be at least eighteen (18) years of age to open an account, participate in contests, or win prizes offered by the Website. If different than eighteen you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of account creation if you are a legal resident of Alabama or Nebraska or twenty-one (21) years of age if you are a legal resident of Massachusetts.
Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Alabama, Arizona, Delaware, Hawaii, Idaho, Iowa, Louisiana, Montana, Nevada and Washington (the “Excluded States”) are eligible to open an account and participate in contests offered by the Website. Legal residents of the Excluded States are eligible to open and maintain accounts on the Website for use only in games that do not offer prizes. However, legal residents of Alabama, Delaware, or Idaho who are physically located outside of the Excluded States are eligible to deposit funds, enter contests and earn prizes offered by the Website. Legal residents of Canada are eligible to open an account and participate in contests offered by the Website.
You may establish only one account per person to participate in the Services offered on the Website. In the event PlayerSX discovers that you have opened more than one account per person, in addition to any other rights that we may have, PlayerSX reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of this Agreement to allow any other person to use your account to participate in any contest. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.
PlayerSX employees (“Employees”) and Immediate Family Members (an “Immediate Family Member”) means any domestic partner and relative of the employee who resides at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public contests for cash hosted on the website.
5. 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 PlayerSX 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 your Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) keep your Username and Password confidential and not share them with anyone else; (b) immediately notify PlayerSX of any unauthorized use of your Username and Password or account or any other breach of security; and (c) use only your own Username and Password to access the Service’s Restricted Areas. PlayerSX 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 PlayerSX is authorized to act on instructions received through the use of your Username and Password, and that we may 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.
6. Deposits, Withdrawals and Refunds:
By depositing funds or entering paid contests, 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 contests, 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.
Deposit thresholds may be restricted and limited depending on the activity of the user and the jurisdiction in which the user accesses the services from. This may change from time to time and shall be at the discretion of PlayerSX.
All purchases are final and you agree there shall be no refunds unless there are exceptional circumstances, which warrant a refund. In the event you wish to request a refund you mush write to customer services using this email. The customer services team will evaluate your response and either deny the refund or send the request to the accounting department for further consideration. If it is deemed that an honest error or misunderstanding has occurred the accounting department at their full discretion may issue an exception and process a refund or portion of a refund. The accounting departments determination is final.
7. Taxation:
You, not PlayerSX, are responsible for filing and paying applicable state and federal taxes on any winnings. PlayerSX does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice and you must provide all relevant and updated information at all times material.
8. Use of Conduct:
You acknowledge and understand that this is a private and exclusive community. Accordingly, you shall act and behave in good faith and, at all times material, show courtesy, respect and civility to any and all other players, members and/or staff of PlayerSX who join in your experience. Without limitation, you will at no time engage in any of the prohibited activities or fraudulent behavior as set out in Paragraph 3 of this Agreement.
8.1 Fraudulent Behavior:
Without limitation, PlayerSX reserves the unfettered right to determine what constitutes “Fraudulent Behavior.” Where PlayerSX determines or deems that you have conducted yourself in a manner that constitutes “Fraudulent Behavior,” which includes but is not limited to instances where you have engaged in or intend to engage in fraudulent, dishonest, illegal, or improper activities while using the PlayerSX services, including but without limitation to any of the activities set out more fully below. Where your conduct is deemed to constitute “Fraudulent Behavior,” PlayerSX, at its sole discretion is entitled to take any action that it deems fit, which may include but is not limited to, blocking your access to the Site, terminating your Account, revoking any prize and/or award that has been promised to you, and/or taking any legal proceedings that are deemed appropriate.
8.2 Prohibited Language and Content:
You are expressly prohibited from posting inappropriate content and/or language while accessing the Site, including but not limited to any language and/or content that PlayerSX staff deem to be unlawful, obscene, libelous, defamatory, threatening, or other material that would violate any law.
8.3 Impersonation:
You may not engage in any form of impersonation of an entity, an official, an employee, any person whoever, or misrepresenting any relationship or affiliation with another person or entity whoever in connection with your Account, your play of the Games, your use of the Services, and/or your use of the Site.
8.4 Prohibited Commercial Use:
PlayerSX grants you access to its private and exclusive testing community and does so for your personal use only. Any commercial use of the PlayerSX software is strictly forbidden without express written permission from PlayerSX. You shall not post any unauthorized advertising or promotion materials, by way of email, spam, junk mail comment, or any other form of solicitation whatsoever via the software or chat facilities provided to you by PlayerSX. In addition, you are prohibited from posting any harmful, illegal and/or destructive material on or through PlayerSX, including but not limited to software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any and all computer software or hardware or telecommunications equipment or designed for fraudulent, unlawful, dishonest or improper activity (including, but not limited to “phishing” and other scams).
8.5 Prohibited Collusion and External Player Assistance (EPA’s or Bots):
PlayerSX grants you access to its private and exclusive testing community with the vision of building a very personal relationship and dialogue between you and the PlayerSX team. You are strictly prohibited from using any External Player Assistance programs (“EPA”) and/or Bots to play on PlayerSX. In addition, you shall not collude with any other player on the Site while playing the Games or using the Services, nor will you utilize or control, at any time, more than one (1) Player Account while accessing the Site (No Multi-Accounting).
9. Privacy:
PlayerSX appreciates the need to be careful with and protect the confidentiality and identity of its Players. This includes but is not limited to, all information that is collected as a consequence of your participation and interaction with the Site and/or PlayerSX staff. PlayerSX will not, unless required by law or to provide you with improved services, knowingly distribute or allow access to this information by any person, entity and/or group outside of PlayerSX’s operations.
10. Property:
PlayerSX provides you with the use of the Site and grants you a personal, non-exclusive, non-transferable, and non-sub-licensable right to install and use the PlayerSX software only to access the PlayerSX servers, play the Games and use the Services, and is at all times strictly and exclusively limited to your personal use. The PlayerSX software and code are the valuable trade secrets and are the sole property of PlayerSX, and/or its affiliated companies, licensors, and/or parent companies. In addition, all other material used in any media, correspondence, production, or demonstration by PlayerSX, including but not limited to the software, images, graphics, photographs, animations, videos, music, audio, advertisements, text and any and all related intellectual property rights are owned by PlayerSX and/or its affiliated companies, licensors and parent companies its related companies and associated groups. You have no rights in or to any such material. All proprietary rights are reserved.
11. Authority:
As a consequence of the private and exclusive community of PlayerSX, any decisions regarding your interaction with the PlayerSX community are at the sole and unfettered discretion of PlayerSX, and any decision regarding your Account held with PlayerSX is final.
12. Account Closure/Termination:
Notwithstanding any provision of this Agreement to the contrary and not by limitation, PlayerSX has the right to close your Account and/or terminate this Agreement, suspend your Account, limit the features and/or Services available, confiscate and forfeit any fees, shares, or other Account attributes where you are in breach of this Agreement, or where your conduct is deemed to be inappropriate towards the PlayerSX community.
13. No Warranties of Services:
THE SERVICES ARE PROVIDED TO YOU BY PLAYERSX “AS IS” WITHOUT ANY WARRANTY OF ANY NATURE. IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED. PlayerSX does not guarantee that the Services will be provided error free and/or secure, nor is it guaranteed that you will experience the Services uninterrupted, timely or bug/virus free. PlayerSX also maintains the right to suspend, discontinue, modify, remove or add to any of the Games and/or Services provided in its absolute discretion with immediate effect and is under no obligation to provide notice of any such modification, addition or subtraction of Games or Services provided, and PlayerSX shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made in this regard.
14. Technical and Administration Errors:
PlayerSX thanks you for your participation in this private and exclusive testing community, where testing the software, processes and administration channel remain its ultimate purpose. As a consequence of the foregoing, you agree that technological or system errors may occur from time to time. In the event of a systems error or failure, or game error that affects odds calculations, bonuses or payouts, PlayerSX will act in a reasonable manner to attempt to compensate for any deleterious effects resulting from such an error. However, you assume the risks of such errors and/or behavior, and there is no guarantee that you will be fully compensated or made whole under such circumstances. In addition, PlayerSX will apply the same policy to circumstances where a player has gained an unfair advantage and profited from any type of system error. In the event that PlayerSX deems you to have gained or profited from a system error or failure, PlayerSX may take any and all action that it deems appropriate, including but not limited to, closing your Account and/or terminating this Agreement.
15. Indemnity:
PlayerSX provides the Services but does not make any other promises or warranties about the Services. YOU AGREE TO HOLD PLAYERSX, ITS PARENTS, SUBSIDIARIES, ITS EMPLOYEES, OFFICERS, DIRECTORS, LICENSEES, SERVICE PROVIDERS, DISTRIBUTORS, WHOLESALERS, AFFILIATES, PARTNERS, ADVERTISERS, CREDITORS, PROMOTIONAL OR OTHER AGENCIES, MEDIA PARTNERS, AGENTS AND RETAILERS ( “PLAYERSX GROUP”) HARMLESS AND AGREE TO FULLY INDEMNIFY THE SAME FROM ANY AND ALL COSTS, EXPENSES, LIABILITIES AND DAMAGES WHATSOEVER THAT MAY ARISE AS A RESULT OF YOUR USE OF THE SERVICES, YOUR BREACH OF THIS AGREEMENT, YOUR CONDUCT, OR YOUR INTERACTION WITH ANY OF THE ABOVE LISTED PARTIES. ALL MEMBERS OF THE PLAYERSX GROUP SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSE OF USE, PROCUREMENT OF SUBSTITUTE GOODS, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE (OR MISUSE) OF ANY OF THE SERVICES, SERVER, SOFTWARE OR GAMES, WHETHER OR NOT PLAYERSX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The maximum liability for any game failure, abuse or misconduct is limited to your “buy-in” plus fee and not any prize or award offered in such a game. Nothing in this Agreement shall exclude any liability PlayerSX may have in respect death or physical injury caused by willful misconduct.
16. Dispute Resolution:
PlayerSX will respond to any player complaints, claims disputes or grievances. You agree that if you have any complaints, claims, grievances or disputes with PlayerSX regarding any of its Services, the Games, staff, promotions you will first contact PlayerSX in writing by email, as soon as practicable, to voice your concerns, complaints, claims, disputes or grievances. In all circumstances you must notify PlayerSX of your concern, complaint, dispute or grievances no later than one month from the day the concern, complaint, dispute or grievance was discovered or should have been discovered.
