Terms and Conditions
TERMS & CONDITIONS
LAST UPDATED: 2022-05-18
TERMS OF SERVICE
Terms & Conditions & Scoring on ASX.ai website are final.
Terms & Conditions & Scoring on ASX.ai website are final.
The following terms of service (“the Terms”) apply to use of all the tools available through ASX and its affiliates (“the Company”, “us”, “our”, “we,” “ASX” ), and distributed through the ASX website ("the Website"), the Website, Mobile Application or Services ("ASX Platform", and the ASX Application (“The App”). The Company offers a number of free-to-play games, pay-to-play games, daily fantasy sports contests, web content, sports information, and a platform for creating and trading electronic-based collectible cards called Non-Fungible Tokens (“NFTs”),(collectively, “the Services”), access to which, is made available to eligible registered users (“the User”, “You”) through the App or the Website or both. Our services are available through www.asx.ai or through the App on google play or apple store.
PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of all elements of the Agreement.
By accessing or using the Website or App, and the Services contained therein, you agree to be bound by these Terms. If the terms of this Agreement are considered an offer, then acceptance is expressly limited to such terms. If you disagree with any part of this Agreement, you may not access the Website or ASX Application.
The Terms of this Agreement are accessible at any time on the Website and shall prevail over any prior version of this document.
SERVICES & ACCEPTABLE USE
Be responsible for Your, and any authorized Users’ compliance with these Terms.
Be responsible for the content that You create and distribute using the Services including the accuracy, quality and legality of this content.
Make efforts to avoid unauthorized access to the Services by any person other than yourself, other than authorized Users. Your efforts should including securing your password and username.
Notify the Company immediately if you believe your account has been compromised or is in use by another party.
Ensure you are aware of and stay up to date with any laws and regulations regarding your position as a medical professional and your responsibilities with respect to what content you distribute and the advice that you give.
As between You and Us, We retain all right, title, and interest in and to the Services. Nothing within the Terms shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of the Company’s rights or interests of the Services or any other intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible.
All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by the Company.
YOUR CONTENT ON THE WEBSITE
You grant the Company limited, worldwide, non-exclusive, non-transferable license, without a right of sublicense, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index User content for the purpose of supporting your use of the Services and providing Services to you.
The Company may also use User content for the purpose of building, developing and creating new Services, or personalizing the Website to your profile.
RESPONSIBILITY FOR YOUR CONTENT
You are solely responsible for the User content that is uploaded, published, displayed, linked to, or otherwise made available via the Services.
LINKS TO OTHER WEB SITES
Many of the Services provided via the Website provide links to content created by, hosted and supplied by third-parties (“Third-Party Content”).
The Company has no say over the production of Third-Party Content. The Company takes no responsibility for any content delivered to you via the Services.
You must be at least eighteen (18) years of age to open an account and to participate in contests, or win prizes offered on the ASX platform. The legal minimum age that is permissible to use the ASX platform may vary and be higher in different jurisdictions, where this is the case, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at the time the ASX account is created if you are a legal resident of Nebraska. Legal residents physically located in the following states :Alaska, California, District of Columbia, Florida, Georgia, Illinois, Kansas, Kentucky, Minnesota, Nebraska, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, and Wyoming are eligible to open an account and participate in paid Contests, or other offering on the ASX platform.
Employees and Immediate Family Members of ASX Sports Ltd ("Employees") are not permitted to participate in any public contests for cash or cash equivalent held on the ASX Platform; nevertheless, Employees and Immediate Family Members are permitted to participate in the following: A "Private Contest" is one that is held by another participating Employee, relative, friend, or immediate family member and is not posted on the ASX Platform’s public domain.
Employees and family living in the same home, however, are prohibited from participating in any fantasy competitions sponsored by any fantasy contest operator that provides a monetary award.
Professional or amateur players, sports agents, coaches, team owners, team workers, referees or league officials, and their immediate family members are not permitted to enter any competitions or contests on the ASX Platform in the sport in which they are involved.
To use the ASX Platform’s Services, you may only create one account per user. To establish an account, you must be of legal age in the local jurisdiction from where you are physically accessing the ASX Platform or Services. If ASX Sports Ltd learns that you have established multiple accounts, in addition to any other rights ASX Sports Ltd may have against you, ASX Sports Ltd retains the right to suspend or close any or all of your accounts, as well as cancel, withhold, or revoke any rewards awarded.
An account can only be used by the ‘Authorized Account Holder’. You assume responsibility for any actions, charges, and damages that occur under your account, and you are responsible for keeping your login credentials and passwords secure. You promise that you will not provide anybody else access to your login details. Allowing anyone else to use your account to engage in or access the Services is a violation of these Terms. If you have reason to think that someone is using your account without your permission, please inform us as soon as possible. You accept that ASX Sports Ltd is not responsible for any loss or damage incurred as a consequence of your failure to alert us of unauthorized usage.
An Authorized Account Holder is a natural person that has registered with ASX Sports by providing the relevant personal details and verifying the contact details via a valid email address or 3rd party service. By entering a payment method to participate in real money Events, the Authorized Account Holder certifies that the payment method account used to make any deposit(s) on the Website is owned by the Authorized Account Holder. Any Authorized Account Holder who submits payment using a payment method that is not owned by the Authorized Account Holder is in violation of these Terms.
Please contact ASX Sports Ltd at firstname.lastname@example.org if you feel your account or monies held by your account have been misallocated, hacked, or otherwise mistreated. ASX Sports Ltd will reply to complaints within five (5) days after receiving them.
Players can also write to ASX Sports Ltd customer care at email@example.com at any time to permanently deactivate their account for any reason.
For private and locked contests where an entrance code is required, the player will be selected based on an agreed set of selection criteria to be determined solely by ASX.
By entering into a Contest on the ASXPlatform, you agree that ASX Sports Limited has the final decision regarding the ultimate prizewinners based on its internal objective award criteria. ASX Sports Limited has the right to reject the payment of prize monies where it has a reasonable belief or suspicion that a participant or participants have engaged in fraudulent behavior with respect to the contest or have engaged in gaming or manipulative behavior to skew the results of the contest. ASX Sports Limited reserves the right to reject the payment of prize monies in the event of an unforeseen technical beta issue, bugs or failure in deployment of updates or coding during the running of the contest which ASX Sports Limited could not have reasonably foreseen in advance and which could have the effect of rendering the contest to some or all of the registered participants null and void.
After supplying the appropriate information,if you are located in a State that allows access to paid contests, you can deposit US dollars and other currencies or cryptocurrencies only if offered into your account. ASX Sports Ltd retains the right to set a restriction on the amount of money you can deposit at any moment, at our discretion. If any deposit is charged back or is otherwise uncollectible for any reason, the initial deposit amount, as well as any winnings generated from your participation in real money contests from the time of the applicable deposit until its reversal or uncollectibility, will be invalidated, forfeited, and deducted from your account balance. If a deposit is charged back, or if it is proven that you are not of legal age to access the ASX Platform or Services, or that you have broken any of the Terms, ASX Sports Ltd retains the right to terminate your account - without notice.
You must be the authorized user of the credit card in order to make any credit card deposits. In order to make deposits using your credit card, you agree to promptly notify us of any changes to your credit card account number, expiration date, or billing address. If your credit card has been canceled or expired, you must update it promptly before using it again. We are not responsible for any loss resulting from a third-unauthorized party's use of your credit card or other means of payment in connection with the Services. Any effort to defraud using credit cards or other methods of payment, failure to fulfill lawful charges or demands for payment, or any other violation of these Terms will result in immediate account termination, loss of wins, and civil and/or criminal prosecution.
Customers will not be given credit by ASX Sports Ltd.
If a deposit limit exists in the state where the consumer resides, the customer is subject to it.
Customers can write to firstname.lastname@example.org to seek an increase in their deposit limit.
When you make a deposit on the ASX Platform using a third-party payment service provider, the third-party payment service provider is responsible for payment and payment-related customer assistance. The conditions between a third-party payment service provider and consumers who use the third-services party's are regulated by a separate agreement and are not covered by these Terms. You accept that ASX Sports Ltd is not liable for any damages resulting from your usage of such third-party payment service provider.
POLICY OF REFUND
All transactions are final. There will be no refunds. If there is a disagreement about who made an entry or market order (together, a "Transaction"), the Transaction shall be deemed submitted by the person whose name the account was registered in.
Users will be able to go to the ASX Platform and look at the events that are open for registration. There will be an admission charge indicated in US dollars for any event that is not free to enter. When you choose to participate in a Contest and complete the Transaction procedure, your account will be debited for the amount specified in the currency displayed.
By participating in a Contest and/or using the ASX Platform’s Services in any other way, you agree to be bound by these Terms, the Official Rules for that contest or tournament, and ASX Sports Ltd's decisions, which are final and binding in all respects.
If you engage in conduct, or otherwise use any information, that ASX Sports Ltd deems to be improper, unfair, or otherwise adverse to the operation of the contest, or is in any way detrimental to other entrants, ASX Sports Ltd may disqualify you from the contest, refuse to award benefits or prizes, and/or require the return of any prizes. If it is decided that your use of the Website, Mobile Application or Services is in violation of these Terms, ASX Sports Ltd retains the right, in its sole discretion, to suspend or terminate your access to the ASX Platform or Services with or without notice and without incurring any responsibility to you.
The following actions are specifically forbidden and will result in your accounts termination or suspension :
Colluding with another individual(s) or engaging in any type of syndicate play;
Submitting false, misleading, or inaccurate personal information to create an account, enter a Contest, or claim a prize;
Reproducing, duplicating, copying, selling, distributing, trading, exploiting, or using any portion of the Website for any purpose not expressly permitted by these Terms;
Running, framing, or otherwise displaying the Website;
Engaging in any type of financial fraud, including unauthorized use of credit instruments to create an account, enter a Contest or tournament, or claim a prize;
Using a single account to participate in a Contest on behalf of another individual(s);
In any manner abusing the Website or Services. Taking any action that infringes or violates ASX Sports Ltd's rights (including, but not limited to, proprietary and intellectual property rights), violates the law, or breaches any legal duty you may have to ASX Sports Ltd or a third party;
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY EVENT VIOLATES CRIMINAL AND/OR CIVIL LAWS, AND ASX SPORTS LTD. RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE FURTHER THAT THE FORFEITURE AND/OR RETURN OF ANY PRIZE IN NO WAY PREVENTS ASX SPORTS LTD. FROM SEEKING CRIMINAL OR CIVIL PROSECUTION IN RELATION TO SUCH CONDUCT.
By using the ASX Platform, participating in a Contest, or accepting a prize, you agree to indemnify, release, and hold harmless ASX Sports Ltd, its parents, subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims, or actions of any kind, including but not limited to injuries, damages, and claims of infringement.
To the extent permitted by law, by entering a Contest or accepting a prize, you grant ASX Sports Ltd and our affiliates, suppliers, licensors and licensees a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use your name, voice, likeness, digital and/or electronic image or likeness, and any biographical information about you, and to reproduce, modify, adapt, publish, publicly and digitally display, translate, create derivative works based on such information As a condition of being granted any prize or receiving any compensation, ASX Sports Ltd may, in its sole and absolute discretion, ask you to sign a separate release of claims.
ASX Sports Ltd is not liable for any incorrect, invalid, or inaccurate information provided by users of the ASX Platform; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions, or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that are not developed by ASX Sports Ltd); or omissions, interruptions.
Incomplete, illegible, misdirected, or stolen entries are not the responsibility of ASX Sports Ltd. If, for any reason, a Contest is unable to run as planned, or if a Contest, computer application, or website associated with it (or any portion thereof) becomes corrupted or does not allow proper entry to a Contest in accordance with the Terms or applicable Official Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind. An impacted user who has registered for the contest will receive a notification on the ASX App if such cancellation, termination, modification, or suspension happens.
Only the terms and conditions set out in these Terms and any applicable Official Rules apply to each Contest. Disqualification and, if applicable, prize loss will occur if these Terms or any Official Rules are not followed.
ASX Sports Ltd will retain ownership of all Contest entries. In certain circumstances, ASX Sports Ltd retains the right to transfer participants from one Contest to another that is substantially comparable, as assessed by ASX Sports Ltd in its sole discretion.
Customers may access their account's recent contest entry history. Customers can email email@example.com to request a lengthier history than is currently available.
REFUND POLICY FOR CONTEST ENTRANTS
If all requirements are satisfied, ASX Sports Ltd will offer refunds to users who paid into a Contest during IPO or LIVE period.
ASX Sports Ltd retains the right to cancel a Contest at any time, including, without limitation, if the administration, security, fairness, integrity, or proper functioning of the Contest is compromised by virus, bugs, unauthorized human intervention, or other reasons. Except as otherwise stated in these Terms, all admission fees will be reimbursed to the client in the case of a cancellation.
The refund amount will be equal to the buy-in amount in US dollars.
Refunds will be processed within 72 hours after the event's end.
If any unanticipated events occur, or a unique circumstance emerges that ASX Sports Ltd determines is not adequately addressed by the Refund Policy, ASX Sports Ltd will determine the most equitable and suitable course of action.
GAMING WITH CONSCIENCE
Please visit the National Council on Problem Gambling website at http://www.ncpgambling.org or contact their national helpline at 1-800-522-4700 if you have any questions or concerns regarding your gaming activity, or that of a friend or family member.
The goal of participating in ASX Sports Ltd activities is for users to have a good time. If you ever feel the need to take a break from ASX Sports Ltd, you can opt out of ASX Sports Ltd events for a certain period of time, up to and including indefinitely. Simply email firstname.lastname@example.org with the topic "SELF EXCLUSION" in the subject line. Include the username and the exclusion period in the email body. ASX Sports Ltd will keep the members of the self-exclusion list confidential.
ASX Virtual Currency (SportzCoins)
ASX Sports Ltd may provide and/or enable you to purchase ASX currency ("SportzCoins") for use on the ASX Platform, including, but not limited to, Contests. You accept that the ASX Currency has no real-world value and cannot be exchanged for real money, products, or other monetary things (from us or any other party). You agree to get ASX Currency exclusively from us and not from any other source.
You acknowledge that the ASX Currency does not belong to you. You recognize that by purchasing ASX Currency, you have gained a limited and revocable license to a digital product for use exclusively on the ASX Platform, including, but not limited to, the Contests. ASX Currency may not be sold, transferred, given, gifted, traded, or sublicensed, and this license is personal to the owner of the account participating in such Contests (including for monetary exchange or for any other value). ASX Currency cannot be combined, transferred, or shared between account holders.
Any attempt to transfer, sell, or execute any activity connected to your use of ASX Currency in violation of these Terms may result in account termination, a lifetime ban from accessing the Website or Services, and/or legal action against the account holder. In the event that we determine (in our sole judgment) that an account holder has violated these conditions, we reserve the right to take any other action or further action we consider appropriate.
The ASX Platform’s contests are skill-based games and meet the common description of a Daily Fantasy Sport (DFS) game . All ASX Platform contests meet the necessary requirements to be deemed as such, for example all entrants must select a minimum of three players to qualify for the contest and therefore, no entrant can succeed off the performance of an individual or individual event. An Entrants' ability and knowledge determines the majority of winning outcomes. Any type of illegal gambling is prohibited on the ASX Platform, or Events.
LIVE SCORING AND STATISTICS
All 'live' scores and other information given through the ASX Platform are unofficial to the degree that ASX Sports Ltd supplies 'live' scoring during gaming. While ASX Sports Ltd and the third-party providers who provide the Services make reasonable efforts to include accurate and up-to-date information, neither ASX Sports Ltd nor its third-party providers warrant or make any representations about the information provided through the Services and related information sources.
ASX Sports Ltd and its third-party providers are not responsible or accountable for the accuracy, usefulness, or availability of any information transmitted or made accessible by the ASX Platform and linked information sources, or for any errors or omissions in such information.
Rewards Guaranteed prizes will be given out only if a Contest is completed. ASX Sports Ltd retains the right to cancel a Contest at any time, including, without limitation, if the administration, security, fairness, integrity, or proper functioning of the Contest is compromised by virus, bugs, unauthorized human intervention, or other reasons. Except as otherwise stated in these Terms, all admission fees will be reimbursed to the Entrants in the case of a cancellation. The Official Rules for each Contest are different. Before entering, ASX Sports Ltd recommends that you read the Official Rules. Prizes for events are detailed in a reward table that is publicized and/or made available to each user prior to their participation in a Contest. Winnings are credited to the winning participant's account. If there is a tie, the awards may be distributed equally among the tied competitors. Prizes will be delivered within twenty-four (24) hours unless otherwise specified.
PRIZE PAYMENT AND WITHDRAWAL
Before paying a prize, ASX Sports Ltd may require an entrant to provide their social security number to verify their personal information for tax purposes. ASX Sports Ltd may also need an entrant to complete and sign an affidavit of eligibility, stating that the entrant is eligible to participate in a Contest and is otherwise in compliance with these Terms and Official Rules, as well as providing documentation or proof of eligibility and compliance. If an entrant fails to complete and sign such an affidavit within ten (10) days, or if ASX Sports Ltd otherwise determines that the entrant does not meet the eligibility requirements or is in violation of these Terms, ASX Sports Ltd reserves the right to terminate the entrant's account and withhold or revoke the awarding of any prizes associated with such account.
To make a withdrawal from your account, you must complete the relevant processes, and you may request a withdrawal of any amount up to the full balance of your account. We may place a hold on your account and/or defer a withdrawal request while we investigate any reported or suspected breach of these Terms, verify your eligibility, or comply with relevant legislation.
Withdrawals will be processed within five (5) days if there are no ongoing investigations. Manual withdrawal review is required for new accounts.
Contact email@example.com for a manual withdrawal request or further information.
The winner is solely responsible for any taxes related with the receipt of any prize. If any legal authority disputes the granting of any prizes to Contest winners, ASX Sports Ltd has the right to decide whether or not to award such awards in its sole discretion.
Prizes may not be substituted or transferred. If the stated prize is unavailable, ASX Sports Ltd retains the right to replace a reward of equal or higher value. All awards are given "as is" and without any express or implied warranties (including, without limitation, any implied warranty of merchantability for a particular purpose).
For users with $600 or more in net winnings for a calendar year, we require a valid mailing address and a social security number.
THE COMPANY MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, OF ANY KIND REGARDING THE WEBSITE AND THE APP WHICH ARE PROVIDED ON AN AS-IS BASIS AND EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE OR THE APP OR BOTH WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED.
All content included on the Website and the App, such as text, logos, images, audio, data compilations, databases and software, is the property of the Company or, where applicable, third-party copyright holders, and are protected by intellectual property law. ASX Sports Limited is the owner of the ASX Sports® mark displayed on the Website, the App, Services and other Company content. This mark may be used only with prior express written permission from Us.
The compilation of all content on the Website is the exclusive property of the Company and protected by intellectual property law. All software, ideas and code used on the Website, are the property of the Company and are protected by intellectual property laws.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, NOR ANY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES, BE LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR THE APP, WHETHER SUCH LIABILITY IS UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE OR THE APP.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent from You. However, you shall not be permitted to assign, transfer, or subcontract any of Your rights and/or obligations under these Terms.
To the fullest extent possible by local laws, you agree to indemnify the Company and any service providers linked to through the Website against any and all claims and expenses arising out of your use of the Website.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The version applicable to a User's use of the Website or App is the one in-force on the Website or App on the date that a User accesses the Website or App.
These Terms, any legal notices and disclaimers contained on this Website or the App and documents referenced in these Terms, constitute the entire agreement between the Company and You in relation to Your use of this Website, and supersede all prior agreements and understandings with respect to the same.
WEBSITES OF THIRD PARTIES
ASX Sports Ltd may provide links to third-party websites ("Third Party Websites") from time to time, including, without limitation, those referring to goods, products, and/or other services that you may find useful. ASX Sports Ltd has no responsibility for, and no control over, the information, content, accuracy, goods, services, or other materials supplied by or via Third Party Websites. The fact that ASX Sports Ltd links to or is connected from Third Party Websites does not mean that ASX Sports Ltd approves or endorses that Third Party Website. You agree that ASX Sports Ltd is not liable for the contents or content on any Third Party Websites. Any reliance on or use of information or content found on or via Third Party Websites is at your own risk.
We may terminate or suspend your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
The company can terminate the Website immediately as part of a general shut down of Our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Company may suspend your use of the Website if your practices lead in any way to the degradation of performance of the Services for you or any other customer of the Company.
GOVERNING LAW & JURISDICTION
The Program Terms will be construed and governed in accordance with the laws of Delaware, excluding provisions relating to choice of law or conflicts of law. Any disputes arising out of or relating to the Website or the App, shall be brought exclusively in Delaware. By agreeing to these Terms, you agree to submit to the jurisdiction of such courts in the disputes we have described and you agree not to challenge the venue of such courts or to claim that such a forum is inconvenient.
Please contact us at firstname.lastname@example.org if you have any questions or issues about these Terms, the Website, or the Services.
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