Updated September 8, 2020
Welcome to Competition Interactive-Virtual Sports!
You may only use the Services if You are 21 years of age or older, a United States resident, and it is legal for you to do so according to the laws that govern You. You represent and warrant that the registration information provided is correct, accurate, current, and complete of yourself. You understand it is your responsibility to ensure that at all times you comply with the local, federal, state or other laws that govern you and that you have the complete legal right to use the Services. If we determine, in our sole discretion, that a person is under the age of 21, based on the information provided during the registration process, that person will not be permitted to register.
Our Services are intended for persons 21 years of age or older. If you are under 21, you may not access or attempt to access or use our Services. We do not knowingly collect or allow the collection of personal information from persons under 21 years of age.
Wagering Account Procedures
You may access your account and place wagers through the Site or our Application.*
*Arizona customers may utilize the Site to sign up for and manage their accounts, access race and account data, and process deposits and withdrawals. However, wagering is restricted to CI-VS’s automated telephone wagering system.
For your protection and privacy, a wagering account can only be accessed by the registered account holder with either a valid account number and Personal Identification Number (“PIN”) or a valid username and password. If you register for an account that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password), and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other rights of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password or PIN and for restricting access to your device so that others may not access any password or PIN protected portion of the service using your name, account number, username, PIN, or password; (v) You will immediately notify us of any unauthorized use of your account, password, PIN, account number or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
For your benefit, wagers placed through CI-VS wagering systems are sent into combined (commingled) pools at the host racetrack and are subject to all host racetrack rules and restrictions. From time to time, CI-VS may operate separate wagering pools from the host racetrack when pools cannot be commingled. Separate pools will be subject to rules and regulations of the applicable jurisdictional authority.
All wagers are considered final when a confirmation is received from our totalizator service provider. If for some reason, we are unable to commingle your wager with the host pool, your wager will be refunded to your account.
We reserve the right to refuse any wagering transaction for any reason.
Proceeds from successful wagers will be deposited into your account as soon as each race is posted official, and winning payouts are available from the host racetrack.
We reserve the right, at our sole discretion, to terminate any account at any time and for any reason. In the event, your account is terminated, or you close your account, we shall return to you the balance of any funds in your account at the time of termination or closure. If the balance of funds in your account at the time of termination or closure is less than $2.00, we will retain the balance as an account termination fee. If your account is inactive for six (6) consecutive months, a $2.00 per month account maintenance fee may be assessed until the balance reaches zero, and the account is terminated.
We reserve the right, at our sole discretion, to refer any dishonored financial instruments to collection agencies, check registries and credit reporting agencies and to collect any fees or charges incurred due to dishonored financial instruments and expenses incurred as a result of our collection efforts, from the responsible account holder.
You authorize us to obtain, at our discretion, credit bureau reports in connection with your request for an account. If an account is opened, we may obtain, at our discretion, credit bureau reports in connection with the review of your account.
Customers can only wager up to the amount held within their account. CI-VS reserves the right to accept or decline the whole or part of any proposed wager.
Each wager will be given an individual number as confirmation of the wager. Wagers will be valid if accepted by the CI-VS totalizator service provider, whether or not the customer receives the wager code. We are not liable for the settlement of any wagers where we have not issued a written confirmation of acceptance of the wager. It is the customer’s responsibility to ensure that all of the details of their wagers are correct. If you have any concern as to whether your wager has been accepted, please log in and go to the ‘My Account’ page of the Site where details of all live wagers entered into by you will be displayed. You must exercise your own judgment in placing a wager, and you hereby confirm that you have not relied on the advice of any CI-VS employee relating to any wager. You agree to pay us for all wagers that are placed with us using your account.
Please familiarize yourself with wagering terminology and how the various wagers operate. If you have any queries relating to the foregoing, please contact us. CI-VS cannot accept any responsibility if you place a wager in circumstances where you do not fully understand any of the terms involved or how the wager operates. Guaranteed prices and other Promotions (defined below) are available at the discretion of CI-VS and can be restricted on an individual account basis at any time. CI-VS is not responsible for any taxes that may be payable by you, whether on any wagers, on any winnings or otherwise.
CI-VS reserves the right to void any or all wagers made by any group of people acting in conjunction with each other, or any individual acting alone, in an attempt to defraud CI-VS. CI-VS may, at its sole discretion and without any requirement to give reasons, exclude any customer from the service generally or from receiving selected Promotions (e.g., guaranteed best price; bonuses; free bets; enhanced prices; and money-back specials) and any other promotions and offers introduced by us from time to time.
In the event of there being a dispute over the time at which a wager was placed or whether a wager has been placed, then the time at which it was recorded (if recorded) on the transactional log will govern settlement. If an attempted wager was not recorded on the transactional log, no wager shall be deemed to have been placed. You should check your account balance each time you visit the Service.
It is a condition of our acceptance of wagers from you, and by offering to place a wager with us, you represent and warrant, that you are not prohibited from entering into the wager by any term of your contract of employment, these Terms and Conditions or any rule of a sport governing body or other professional body of which you are a member, which applies to you. In the event of any representation made by you in this Section proving to be false, CI-VS reserves the right to void wagers, suspend your account, and we shall not be obliged to pay any winnings which might otherwise have been payable in respect of the wager.
CI-VS makes every effort to ensure that no errors are made in prices offered or wagers accepted. However, human and/or systems’ errors may occasionally result in errors. CI-VS reserves the right to correct any obvious errors and to void any wagers placed where such have occurred. In the case of any blatant errors in prices transmitted (including, for example where the price being displayed is materially different from those available in the general market and/or the price is clearly incorrect, depending on all of the circumstances), wagers will be settled at the post-time odds.
Should funds be credited to a customer’s account in error, it is the customer’s responsibility to notify CI-VS of the error without delay. Any winnings subsequent to the error and prior to the notification of CI-VS, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by, CI-VS. Any monies which are credited to your account, or paid to you as a result of an error shall be deemed, pending resolution as set forth above to be held by you on trust for us and shall be immediately repaid to us when a demand for payment is made by us to you. Where such circumstances exist, if you have monies in your account, we may reclaim these monies from your account. We agree that we shall use reasonable endeavors to detect any errors and inform you of any such errors relating to you, your engagement with us, or your account, as soon as reasonably practicable. As soon as you suspect or become aware of an error you shall: (i) immediately cease wagering; and (ii) inform us as soon as reasonably practicable of any such error or suspected error. Where you have used monies which have been credited to your account or awarded to you as a result of an error to place subsequent wagers, we may cancel such wagers and/or withhold any winnings which you may have won with such monies, and if we have paid out on any such wagers, such amounts shall be deemed to be held by you on trust for us and shall be immediately repaid to us when a demand for payment is made by us to you. If you are incorrectly awarded any winnings as a result of (a) any human error; or (b) any bug, defect or error in the Service, then CI-VS will not be liable to pay you any such winnings, and you agree to refund any such winnings that may have been paid to you as a result of such error or mistake.
Wagering Transaction Cancellations
As a CI-VS member, you may request to cancel wagering transactions on any race, with the exception of pools where a cancellation is prohibited by the racetrack (Future Pools) or prohibited by the racetrack’s state jurisdictional authority. You may request to cancel up to a maximum aggregate wagering transaction amount of $5,000 in a day and of $25,000 during that calendar month. Wagering transaction cancellations may be made as follows:
Online wagering transaction cancellations – A wagering transaction with a base amount of $1,000* or less in win, place, or show pools and with a base amount of $500 or less for anyone combination in multiple, exotic or super-exotic pools may be canceled.
Wagering transaction cancellations through CI-VS’s Customer Relations Department – A wagering transaction with a base amount of $1,000* or less in win, place or show pools and with a base amount of $500 or less for anyone combination in multiple, exotic or super-exotic pools may be canceled upon your request and CI-VS’s verification that you have not reached your daily limit of $5,000 or monthly limit of $25,000. Wagering transaction cancellation requests greater than the limits set forth above may be requested by email email@example.com and must be approved by a CI-VS Customer Relations Supervisor in his or her sole discretion. Accountholders requesting cancellations through the CI-VS Customer Relations Department must remain on the line until the wagering transaction cancellation is finalized. You will be notified of the completed cancellation or the reason the wagering transaction could not be canceled. Cancellations that, in the opinion of CI-VS management, may cause substantial altering of odds, prices, or betting totals will be denied.
Important Wager Cancellation Restrictions
CI-VS may refuse to accept a wager transaction cancellation request for any reason. CI-VS may refuse to permit any accountholder the privilege of requesting or processing wagering cancellation requests for any reason. Wagering transactions may be canceled until wagering is closed by the racetrack totalizator company for the racetrack hosting the live race on which the wagering transaction was made. Wagering transaction cancellations made by calling customer relations staff will be processed in the order received. CI-VS does not guarantee the cancellation of a wager. No account holder may cancel wagering transactions over a maximum aggregate wagering transaction amount of $5,000 per day or $25,000 during a calendar month. Wagering transaction cancellations will not be provided via the automated telephone wagering system. As mentioned previously, some jurisdictions and racetracks do not allow wager cancellations.
*AZ Residents Only – Win wagers on Arizona tracks up to $99, and on other tracks, up to $299 can be canceled through mobile phone applications, online or by e-mailing firstname.lastname@example.org. All other wagers are subject to CI-VS’s Cancellation Policy and Restrictions listed above.
*New York Residents Only – Online wagering transaction cancellations are limited to $500 in Win, Place, or Show Pools on any betting entry and $50 for anyone combination in multiple, exotic, or super-exotic pools. Wagering transaction cancellation requests for amounts over $500 on Win, Place, or Show pools on any betting entry and over $50 on any one combination in multiple, exotic, or super-exotic pools may be requested by e-mailing email@example.com. Cancellations that, in the opinion of CI-VS management, may cause substantial altering of odds, prices, or betting totals will be denied.
*VA Residents Only –Wagering transaction cancellations are limited to $250 online. All wagering transaction cancellation requests over $250 must be reviewed and approved by a CI-VS customer relations supervisor and will be reported to the VA Racing Commission.
By law, any wager that results in proceeds of $600.00 or more must be reported to the Internal Revenue Service (IRS), if the amount of such proceeds is at least 300 times as large as the amount wagered. Any wager that results in proceeds of more than $5,000.00 is subject to reporting and withholding if the amount of such proceeds is at least 300 times as large as the amount wagered. If you are subject to IRS reporting and/or withholding requirements, we will send you Form W2-G summarizing information for tax purposes following the winning wager, less any applicable withholding, being deposited into your account. Upon written request, we will provide you with summarized tax information on your wagering activities.
*Arizona Residents Only: By law, any wager which results in proceeds of more than $5,000.00 is subject to a state withholding tax of 5% if the amount of such proceeds is at least 300 times as large as the amount wagered.
*Illinois Residents Only: By law, any wager which results in proceeds of more than $5,000.00 is subject to a state withholding tax of 3.75% if the amount of such proceeds is at least 300 times as large as the amount wagered.
*Massachusetts Residents Only: By law, any wager that results in proceeds of $5,000.00 or more is subject to a state withholding tax of 5% if the amount of such proceeds including the cost of the wager is at least 300 times as large as the wager amount.
Wagering Account Balance, Deposit, and Withdrawal Procedures.
Account deposits will be made available for customer use in accordance with normal financial industry availability standards. Deposits may be subject to deposit fee charges. Withdrawal requests will be processed within five (5) business days after receipt. The availability of withdrawn funds is subject to standard banking restrictions.
Your account balance bears no interest.
You can check account balances through our various wagering platforms or by e-mailing firstname.lastname@example.org.
Disclosures and Policies
Your wagering account is for your personal use and is non-transferable. We reserve the right to void any wagering transaction if there is reason to believe that someone other than you deposited funds in or placed a wager from your account. By law, you must immediately notify us of a change in your state of residency by e-mailing email@example.com. If you move to a state where wagering services are not available, we are required to terminate your account and return to you all remaining funds subject to the termination fee for accounts with an account balance of less than $2.00. We reserve the right to terminate any account at any time and for any reason.
For your information, the data we (or any of our suppliers) provide or compile generally is accurate, but occasionally errors and omissions occur as a result of incorrect data received from others, mistakes in processing and other causes. Accordingly, we, along with our data providers and suppliers disclaim responsibility for the consequences, if any, of such errors and omissions, but would appreciate notification of any errors.
CI-VS will report any activities that we reasonably believe constitute fraud or theft to the appropriate law enforcement authorities and may prosecute such activities to the full extent of the law. To the extent permitted by law, CI-VS will retain the proceeds resulting from such fraudulent activity or theft and use those funds to pay for damages and losses resulting from such fraudulent activity or theft.
CI-VS reserves the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard. CI-VS reserves the right to suspend or terminate any account it believes to be involved in fraud, money laundering, and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities. You represent and warrant that all money that you deposit in your account is untainted with any illegality and, in particular, does not originate from any illegal activity or source.
Right to Use Services and Site
Subject to your acceptance of and full compliance with these Terms, CI-VS grants to you a limited, non-exclusive, non-transferable, revocable license to access and use this Site, the Services and related software (excluding source and object code) (“Software”), for your non-commercial personal entertainment use only, by accessing the Services through your web browser or other application provided by CI-VS, authorized social networking websites, service providers or partners. You agree that you may not use the Services for any other purpose, or copy or distribute the Services except as specifically allowed in these Terms. You may download and install the Software onto one or more computers owned by you or under your legitimate control for your non-commercial personal entertainment use only, which must include copyright and trademark notices as required by these Terms.
Right to Terminate or Change Services
Your use of the Services and this Site is conditioned upon your continued full compliance with these Terms. Any use of the Services in violation of these Terms will be treated as an infringement of CI-VS‘s copyrights in and to the Services. We reserve the right to change or modify the Services or limit the features or services on this Site at any time, without or without notice to you, without liability.
We reserve the right to terminate your access and use of the Services without notice if you violate these Terms. We also reserve the right to temporarily suspend or permanently discontinue the Services, any portion of the Services, or the Site at any time, with or without notice to you, without liability. In such events, you must immediately and permanently destroy all copies of the Software in your possession and remove the Software from your hard drive. In such events, you will lose access to your Account, password, user name, persona, and you will forfeit all related entitlements, including Virtual Currency, Virtual Goods (including virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site). You agree that these Terms will survive the termination of the Services or your Account for any reason.
Our Intellectual Property Rights
Competition Interactive, LLC, and its related and affiliated companies, including CI-VS, are the sole and exclusive owners of all right, title and interest, including without limitation, copyright, patent, trademark and other intellectual property rights, in the Services and this Site, including without limitation, all games, programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions and other materials, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories and equipment, user Accounts, passwords, Virtual Currency, Virtual Goods, concepts, technology, architecture, logic, structure, sequence, organization, themes, symbols, methods of operation, and other materials, all of which are protected by U.S. and international copyright laws, and may not be reproduced, modified, distributed, transmitted, displayed, performed, rented, altered, stored for subsequent use, republished or used in any manner without our prior written consent. Any use of the materials appearing in the Services or this Site not expressly authorized by these Terms is a violation of copyright, trademark, and other applicable laws and may result in criminal prosecution or civil penalties.
Except for the limited right to access and use the Services and this Site, we do not grant or transfer to you any other rights of any kind, including any rights in any Virtual Currency, Virtual Goods (including virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site), or any other attributes appearing in, originating from or associated with the Services or this Site. No ownership rights of any kind, including any patent, trademark, copyright or other intellectual property rights, are assigned or transferred to you, by accessing or using the Services or this Site, downloading material from or uploading material to this Site, or by purchasing any Virtual Goods.
You agree not to copy, redistribute, publish or otherwise exploit material from the Services or this Site, except as expressly permitted herein, without our prior written permission. All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to us in connection with the use of the Services is the exclusive property of CI-VS. You agree that we may use, sell, exploit, and disclose any of your comments in any manner, without restriction and without compensation to you.
Intellectual Property Rights of Others
All trademarks, service marks, and trade names associated with the products or services that appear on or are referenced in this Site are the exclusive property of their respective owners.
All other product names and logos are the trademarks of their respective owners. In addition, other images, logos, pictures, or other material may be trade names or registered trademarks of their respective owners and may be protected by the U.S. and international copyright laws. We grant no right to copy or use any of these materials.
Virtual Currencies and Goods
The Services may include virtual game currency (“Virtual Currency”), including, but not limited to currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with this Site, that may be acquired for real-world money. The Services may also include virtual horses or vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site (“Virtual Goods”) that may be purchased from CI-VS for real-world money or exchanged for Virtual Currency.
CI-VS has the absolute right to administer, control, modify, adjust, and eliminate any Virtual Currency, Virtual Goods, or any other attributes associated with the use of our Services or this Site in its sole discretion, with or without notice, and without liability to you or anyone else. You have a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Goods and Virtual Currency in our Services and this Site. However, you have no right or title in or to any Virtual Currency, Virtual Goods, or any other attributes associated with the use of the Services or this Site.
Regardless of the means of transfer, the direct or indirect redemption or transfer of Virtual Goods and Virtual Currency for real-world money, goods, or other items of value by or from any party is strictly prohibited except where expressly authorized within the Services. Any attempt to do so is in violation of these Terms and may result in an immediate termination of your user account and access to the Services, as well as possible legal action.
Any purchases of Virtual Goods or Virtual Currency by you from CI-VS are final. No refunds will be given, except in the sole discretion of CI-VS. If your user account or your use of this Site is terminated or suspended for any reason, or if we permanently discontinue the Services or this Site for any reason, then all of your Virtual Goods and Virtual Currency will be immediately forfeited.
Promotions and Offers
CI-VS may conduct promotions on or through the Service. Each promotion may have additional terms and/or rules of participation, which will be made available to you on the site. The promotion term for each promotion in which you participate will be deemed incorporated into and form a part of these terms. It is your responsibility to read the promotion terms to determine whether or not your participation, registration, or entry will be valid or restricted, and to determine your participation requirements. We reserve the right to restrict participation in any promotion for any reason in our sole discretion.
The Services may allow or invite you to chat or participate in blogs, message boards, online forums, and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to CI-VS and/or to or through this Site, including, without limitation, text, writings, graphics, comments, forum posts, chat posts, communications, messages, profiles, personally identifiable information, suggestions, links, e-mails, music, sound, graphics, images, pictures, video, software, technology, code and other material and information perceived, made available, or emanating to and/or from the Services (collectively, “Content”). Content may be provided by you or third parties, and also includes any feedback, comments, or suggestions you may provide regarding the Services, other Content, or this Site, including any responses provided through user surveys.
You agree that your Content is wholly original to you and you exclusively own the rights to your Content, including the right to grant the rights and licenses described in these Terms, without CI-VS incurring any obligations or liability to third parties arising out of its exercise of the rights granted by you. You have sole legal responsibility for your Content. We do not pre-screen any Content posted by anyone, and we are not responsible for your Content. We have no obligation to monitor or enforce any intellectual property rights that may be associated with your Content.
You agree that you will only upload to, distribute, transmit, publish or post through this Site or through our Services Content that does not infringe the intellectual property rights of any third parties; is not indecent, libelous, defamatory, obscene, harmful, threatening, abusive, vulgar, harassing, sexually explicit, or otherwise offensive or objectionable; does not contain expressions of hatred, bigotry, or racism; does not constitute or encourage a criminal offense; is not embarrassing, unwanted, or invasive of another’s right of privacy or right of publicity; and does not violate the rights of any party or violate any laws.
CI-VS has no obligation to accept, display, review, monitor, distribute, store, maintain or delete any Content that you submit or post. We reserve the right, in our sole discretion, to refuse to post, delete or remove any Content that you posted to this Site without notice for any reason at any time. We may also move, reformat, distort, obscure, edit, modify or alter any Content without notice to you and without liability.
Our Rights to Content
You grant to CI-VS the unrestricted, unconditional, unlimited, worldwide, irrevocable, sublicensable, transferable, perpetual, fully-paid, and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, transfer, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache, use, practice or otherwise exploit in any manner and for any purpose, all or any portion of your Content to which you have contributed, in any and all formats, on, with or through any websites or other media, software, formula, technology or devices now known or hereafter developed, and in any advertising, marketing or promotional materials produced by us, our sponsors or affiliates. To the greatest extent permitted by law, you waive any moral rights or rights of publicity or privacy you may have in and to your Content. If, for any reason, you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of your Content, you agree to and hereby do assign to CI-VS all of your right, title and interest in and to your Content, without additional consideration, under applicable patent, copyright, trade secret, trademark, and other similar laws or rights, in perpetuity.
Posting on Other Sites
Subject to your acceptance of and full compliance with these Terms, CI-VS grants to you a limited, revocable license to post an image of your own virtual horse or vehicle, game character, screenshot from your Account, or any other Content that we specifically authorize to be posted on other websites, including your own personal website, so long as the website complies with all applicable laws, does not obtain any rights to such Content other than a non-exclusive license to post it at your direction, and does not in any way infringe the rights of a third party (“Authorized Web Site”). An Authorized Web Site may not be competitive with, and may not criticize, ridicule or disparage in any manner the Services, this Site, CI-VS, or its sponsors or affiliates, their products, services, or web sites; may not charge a fee for access to such Content; may not post, publish, distribute, disseminate or facilitate any content that infringes the intellectual property rights of any third parties; is indecent, libelous, defamatory, obscene, harmful, threatening, abusive, vulgar, harassing, sexually explicit, or otherwise offensive or objectionable; contains expressions of hatred, bigotry, or racism; constitutes or encourages a criminal offense; is embarrassing, unwanted, or invasive of another’s right of privacy or right of publicity; or violates the rights of any party or violates any laws.
User Account and Password
Some Services may require you to create a password, user name or persona to set up your Account. You may not use a password, user name or persona that is used by someone else; is indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing; that contains expressions of hatred, bigotry, racism, pornography, or is otherwise objectionable; that infringes any trademark or other proprietary rights of others, violates the rights of any party, or violates any laws; or that is used in any way that otherwise violates these Terms. You may not impersonate another person or user, attempt to get a password, other account information or other private information from a user, or collect or harvest e-mail addresses or other information.
You are responsible for maintaining the confidentiality of your Account information (including passwords and user name) and are responsible for any and all activities that occur under your Account. You are also liable for any losses or damages incurred by CI-VS, any other users of the Services, or any other parties resulting from someone else using your Account, with or without your knowledge. You must notify us immediately of any unauthorized use or theft of your Account or other breaches of security. Your Account may be terminated if someone else uses it to engage in activity that violates these Terms or is otherwise improper or illegal.
You may not use anyone else’s Account, password, user name, or persona, and you may not purchase, sell, trade, rent, lease, license, grant a security interest in, transfer to or allow any other person to use your Account, password, user name, persona, Virtual Currency, Virtual Goods (including virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site).
You may be required to open an Account directly with CI-VS by completing the registration process and providing true, accurate, current, and complete information about yourself. The Services may also be offered to you through a social networking website through which you access this Site. Information collected from you is subject to the social networking website’s policies. By accessing or using a game, application, or activity on this Site, you may be granting the social networking website permission to share your e-mail address and any other personally identifiable information with us.
By accessing and using the Services or this Site, our servers automatically collect and store certain information about you, including the name of the domain from which you accessed the Internet, the date and time you accessed this Site, the Internet address of the web site you used to link to this Site, your IP address, hard drive serial number, browser type, and language. We use this information for authentication, copy protection, account blocking, as well as the system, rules, game management, and other purposes. We may also use software programs to gather and assess certain information, including the number of visitors to different sections of this Site, what information is of most and least interest, the need for technical design specifications, and to identify system performance or problem areas. For website security purposes, and to ensure that this Site remains available to all users, we also use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Finally, we may use built-in tracking features or a technology known as “cookies” to send a small file to your computer that uniquely identifies your browser to obtain information regarding your use of this Site.
By accessing and using the Services and this Site, you consent to our collection and use of your personal information, including the transfer of this information outside the State of California and/or the United States for storage, processing and use by CI-VS. In addition, as part of the Services, we may provide you with certain communications, such as service announcements and administrative messages.
Purchases and Paying for Charges
You may be required to pay for certain Services, including an exchange for Virtual Currency, a purchase of Virtual Goods, and upgrades. You must have a valid Account to pay for and participate in these Services. You are responsible for all charges and usage on your Account, including applicable taxes, including all purchases made by you or anyone that uses your Account.
You may pay using the methods available for the particular Services, including credit card, debit card, PayPal, or other similar accounts, and you agree to the terms and conditions applicable to each payment method you choose. When you provide credit card or other payment information, you represent that you are the authorized user of the credit card or other payment method. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your credit card is canceled, lost or stolen. We may use a third-party credit card updating service to obtain current expiration dates on credit cards provided by you. Customers who use a payment method other than credit card may incur an additional payment-processing fee.
Sponsor and Other Linked Websites
This Site may include hyperlinks to the websites operated by third parties, including sponsors, advertisers, and content providers. These websites may collect data or solicit personal information from you. Any website links are provided to you as a convenience only. CI-VS makes no representations or warranties and does not endorse any content, goods or services provided by any other party’s website that may be linked from this Site, whether or not they are sponsors. We do not control these websites, and we are not responsible for their content, any claims relating to their goods, services, privacy policies, or for the collection, use, or disclosure of any information those websites may collect.
Rules of Conduct: Your Responsibilities
You are legally responsible and liable for all of your activities using the Services and this Site. You agree to follow posted forum guidelines and code of conduct within the game, fan page, and any official CI-VS websites.
Your use of the Services and this Site is governed by the following Rules of Conduct, which are maintained and will be enforced by CI-VS. The Rules of Conduct are illustrative only and are not meant to be exhaustive. We reserve the right to determine what additional conduct may be a violation and to take appropriate action as we consider necessary, including termination of your Account and exclusion from further participation in the Services. We reserve the right to modify the Rules of Conduct at any time. By accessing and using the Services, you agree that you will not engage in, attempt, or encourage any of the following activities:
No disruptive use
- Cheat, or use, launch, develop, or distribute any spider, “bot,” “macro,” or other “cheat utility” software program or applications which are designed to cheat, hack, crack, interfere with, disrupt, or modify the intended operation and experience of the Services;
- Upload, disseminate or transmit files that contain viruses, Trojan horses, worms, time bombs, spyware, adware, cancelbots, corrupted files or data, or any other similar invasive software or programs designed to damage, interrupt, destroy, or limit the functionality or disrupt the operation of the Services, any software, hardware, telecommunications, networks, servers or other equipment, or other users’ computers, or that launches any unauthorized script or other software;
- Disrupt, attempt to, or otherwise assist in the disruption of any computer used to support the Services or any other party’s uninterrupted use and enjoyment of the Services;
- Interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services;
- Restrict, disturb, disrupt or inhibit any other user from using or enjoying the Services, for example, by repeatedly posting the same message or excessive posts within chat rooms (“flooding”), disrupting the flow in chat rooms by hitting the return key repeatedly, inputting excessively large images, so the screen goes by too fast to read, using of excessive “shouting” (all caps), or “spamming”;
No commercial use
- Reproduce, transmit, sell, use or exploit the Services or this Site for commercial purposes that are not expressly authorized in these Terms, including use as a cybercafé, computer gaming center, network play over the Internet, gaming network, or connection to an unauthorized server that emulates the game experience;
- Use the Services or this Site to advertise, market, or promote any goods, services, website, pyramid scheme, or other multi-tiered marketing scheme; solicit funds or goods; or solicit anyone to join or become a user of any other website or other organization;
- Post messages for any purpose other than personal communication as an individual user, including advertising or promotional messaging, chain letters, surveys, contests, chain letters, junk e-mail, spam, other unsolicited messages, or other commercial activities;
- Purchase, sell, trade, rent, lease, license, grant a security interest in, transfer to or allow any other person to use or access your Account, password, user name, persona, Virtual Currency or Virtual Goods, whether or not in exchange for real currency or items of monetary value; or offer, advertise, market, or promote any of the foregoing.
No fraudulent use
- Use the Services or this Site for fraudulent transactions or for any purpose that violates any applicable federal, state, local, or foreign laws, regulations, ordinances or treaties;
- Impersonate another person or user, create a false identity, trick, defraud or mislead CI-VS or any users, for any purpose, including misleading others to attempt to access an Account, user name, password, persona, Virtual Currency or Virtual Goods, or any personal information about a user;
- Create an Account based on information that is untrue, inaccurate, not current or incomplete;
- Create an account for a person under the age of 21 years old;
- Make improper use of CI-VS support services or submit false reports of abuse or misconduct;
- Disguise or mislead any person as to the source of your Content or other information you submit or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Services or this Site;
- Collect, gather, harvest (in an automated manner or otherwise), disclose, reveal or use in any manner the Account, user name, password, persona, Virtual Currency or Virtual Goods, or any personal information about another individual, including address, phone number, e-mail address, credit card number, or any information that may be used to track, contact or impersonate the individual.
No unauthorized use
- Host, or intercept, emulate or redirect the proprietary communication protocols used by CI-VS in connection with the Services and this Site, regardless of the method used, including protocol emulation and reverse engineering, or create derivative works of the Services or this Site, in whole or in part;
- Copy, reproduce, translate, reverse engineer, modify, disassemble, decompile, reverse assemble, or attempt to discover any software (source code or object code) related to the Services and this Site;
- Modify, impair, disrupt, alter or interfere with the use, features, functions, operation or maintenance of the Services and this Site, including adding unauthorized components or modifying this Site or the online game experience;
- Use any third-party software or other means that intercepts, mines or otherwise collects information from or through this Site;
- Frame or otherwise impose editorial comment, commercial material or any information on this Site, or cover, remove, obliterate, obscure or obstruct any notice, banner, advertisement, proprietary notices or labels, or any portion of the Services or this Site;
- Remove, obscure, or alter notices of copyright, patent, trademark, or other proprietary rights affixed to any Content or this Site;
- Sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any Content;
- Attempt to use the Services or this Site on or through any service that is not controlled or authorized by CI-VS; and
Our Service may use location-based services associated with your wireless device to verify your location. If the location is not confirmed, you will not be permitted to use the Services. We cannot guarantee that your device will be able to successfully use the Location Services. We are not liable for your inability to access or use the Services.
Notices and Communications
CI-VS may provide you with notices, including but not limited to e-mail, SMS, MMS, text messages, or other reasonable means now known or hereafter developed. These notices may include marketing communications about the Service as well as other promotional offers. Your use of service will serve as your express agreement to receive these communications and notices from CI-VS.
Terminating Your Account
We reserve the right to terminate or suspend your Account or your access to any or all of the Services at any time and for any reason, including a violation or breach of these Terms. In our discretion, we may issue you a warning, or we may elect to immediately terminate any and all of your Accounts. You acknowledge that CI-VS is not required to provide you notice before terminating your Account. If we terminate your Account, you will lose access to your Account, password, user name, persona, and you will forfeit all related entitlements, including Virtual Currency, Virtual Goods (including virtual vehicles, equipment, points, standings, rankings, ratings, or any other digital items appearing in, originating from or associated with this Site). You agree that these Terms will survive the termination of your Account for any reason.
Services Provided “As-Is”
The Services and this Site are provided on an “AS IS” and “AS AVAILABLE” basis, without warranty of any kind, and subject to all risks. You agree that your access and use of the Services is at your own risk. You assume all risks that the Services and this Site are suitable, accurate for your needs, and will be uninterrupted, timely, secure, or error-free. Any software or applications downloaded from this Site are at your own risk, and you are solely responsible for any loss of data, ISP disruption, software or hardware failures, or damage to your computer. The entire risk of satisfactory quality, performance, accuracy, and experience in connection with the Services and this Site is borne by you.
No Warranties of Any Kind
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT (EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAWS).
Limitation of Liability
CI-VS PROVIDES THE SERVICES, AND THIS SITE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES OR THIS SITE AT ALL TIMES OR ALL LOCATIONS, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPETITION INTERACTIVE, LLC, ITS RELATED OR AFFILIATED COMPANIES, SUBSIDIARIES, SPONSORS, PARTNERS, CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS AND OTHER PARTIES AFFILIATED WITH THE SERVICES OR THIS SITE, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, PARENT COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ATTORNEYS (COLLECTIVELY, “COMPETITION INTERACTIVE, LLC PARTIES”) IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT THE COMPETITION INTERACTIVE, LLC PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THIS SITE TO THE FULLEST EXTENT PERMITTED BY LAW. THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR THIS SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE CI-VS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER, IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE COMPETITION INTERACTIVE, LLC PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE COMPETITION INTERACTIVE, LLC PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF SOCIAL NETWORKING WEBSITES OR MOBILE VERSIONS THEREOF THROUGH WHICH THE SERVICES OR THIS SITE ARE MADE AVAILABLE, AND THAT THE RISK OF THE SERVICES AND THE THIRD PARTY WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU, INCLUDING DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) LOSS OR INABILITY TO USE THE SERVICES FOR ANY REASON, INCLUDING COMPUTER FAILURE, MALFUNCTION, ERROR, DEFECT, DELAY IN OPERATION OR TRANSMISSION; (B) THE LOSS OR DAMAGE TO ACCOUNTS, USER ACCOUNT INFORMATION AND OTHER DATA, VIRTUAL CURRENCY OR VIRTUAL GOODS, (C) THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, OF ANY CONTENT, INFORMATION OR OTHER MATERIAL PRESENTED ON THIS SITE; (D) THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF ANY CONTENT, INFORMATION OR OTHER MATERIAL PRESENTED ON THIS SITE; OR (E) INTERRUPTION OF THE SERVICES FOR ANY REASONS, INCLUDING ANY NETWORK OR TELECOMMUNICATION LINES, COMPUTER ON-LINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, TRAFFIC CONGESTION ON THIS SITE, THE INTERNET OR ANY OTHER WEBSITE, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF THE SERVICES; AND (F) ANY VIRUSES, CORRUPTED FILES OR PROGRAMS, WORMS, TROJAN HORSES, OR OTHER CODE OR OTHER HARMFUL COMPONENTS WITH CONTAMINATING OR DESTRUCTIVE EFFECTS.
UNDER NO CIRCUMSTANCES WILL THE COMPETITION INTERACTIVE, LLC PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID CI-VS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Indemnification by You
You agree to defend, indemnify and hold the Competition Interactive, LLC Parties harmless from and against any claim, liability, loss, injury, damage, cost, or expense, including attorneys’ fees and costs, incurred by any of the Competition Interactive, LLC Parties, arising out of or resulting from your access or use of the Services and this Site; your breach or alleged breach of any term, condition, obligation, representation or warranty contained in these Terms; any Content posted, transmitted or provided by you or on your behalf; your violation of any third party’s intellectual property or other legal rights; and the illegal or improper use of your Account.
Limitations Period for Making Claims
You acknowledge and agree that the rights granted to you, and your obligations to CI-VS under these Terms are unique and irreplaceable in nature and the loss of which will irreparably harm CI-VS and cannot be compensated by monetary damages alone. You agree that the Competition Interactive, LLC Parties shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to monetary damages only.
Governing Law and Jurisdiction
Making Copyright Infringement Claims
We will investigate notices of copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). DMCA provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this Site in a way that may constitute copyright infringement, you may provide notice of your claim to our designated agent listed below.
For your notice to be effective, it must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on this Site;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- 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; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notice of any claimed copyright infringement must be submitted to the following designated agent for this Site:
Competition Interactive-Virtual Sports · 3251 East Warm Springs Road Suite 300, Las Vegas, NV 89120
Export Control Laws
The software (“Software”) related to the Services and this Site may be subject to export controls of the United States and other jurisdictions. By downloading the Software, you represent and warrant that you are not located in any country and are not exporting the Software to any person or place that is prohibited by applicable laws of the United States or any other jurisdiction. You agree to comply with all applicable export control laws and not to transfer, by electronic transmission or otherwise, the Software or any Content subject to restrictions under such laws to any person or destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Services or this Site any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
Laws of Other Jurisdictions
CI-VS operates and controls the Services and this Site from locations within the State of Nevada, United States of America. We make no representation that the Services or this Site is or will be appropriate or available in any other locations. The Services and this Site are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CI-VS to any registration requirements within such jurisdiction or country. Anyone who accesses or uses the Services or this Site from outside the State Nevada does so at his or her own risk and is legally responsible for complying with any applicable federal, state, local, or international laws, regulations, ordinances or treaties.
We reserve the right to change these Terms in any way and at any time. We will attempt to give you advance notice of any change in these Terms by posting on this Site, or by sending a message informing you of the modified terms with a link to the posting on this Site. However, we reserve the right to make changes immediately, as appropriate determined in our sole discretion. You agree to periodically check this Site for new information and terms that govern your use of this Site and to read any changes to these Terms. Using our Services after any changes to these Terms become effective constitutes your acceptance of the new Terms. If you do not agree to these Terms or any future changes to these Terms, you do not have permission to use the Services and you must immediately discontinue any further use of this Site.
At CI-VS, we promote and encourage responsible gaming. Gaming is an enjoyable, leisurely activity, but CI-VS recognizes that unfortunately, it can become an issue for some. Gambling problems can affect anyone regardless of gender, age, ethnicity, or financial status.
In order to keep gambling a fun activity for our gamers, we promote responsible gaming by enforcing the Nevada State law, which requires gamers to be 21 years of age to participate in gambling activities. We advertise our interactive games responsibly throughout casinos and online.
For those concerned they may have an issue or are worried about a loved one, here are some warning signs to be aware of:
- Gambling in order to escape responsibilities or worries
- Gambling to win money to resolve financial problems
- Being unable to stop playing; winning or losing
- Gambling until you have spent all of your money
- Selling personal property to continue gambling
- Your family and loved ones suffer from neglect due to gambling
- Borrowing money to gamble or pay gambling debts
- Gambling more money in order to recover from previous loses (chasing)
- Feelings of hopelessness, depression, or suicide as a result of gambling
Help is available 24 hours a day, 7 days a week.
If you suspect that you or someone you know may have a problem related to gambling, or for additional information, please call one of the organizations below for help:
Nevada Council on Problem Gambling at 1.800.522.4700 or visit their website at https://www.nevadacouncil.org.
Gamblers Anonymous Hotline at 213.386.8789 or visit their website at www.gamblersanonymous.org.
National Problem Gambling Hotline at 1.800.522.4700 or visit their website at www.ncpgambling.org.