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Terms & Conditions

PreGame Terms and Conditions of Use

Welcome to PreGame’s Terms and Conditions of Use (these “Terms”). This is a contract between you and the PreGame Group (as defined further below) and we want you to know yours and our rights before you use the PreGame website or application (“PreGame” or the “App”). Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms (so probably best to read them first!). Please also read our Community Guidelines (which form part of these Terms) and our Privacy Policy.

PreGame Rules

Before you can use the App, you will need to register for an account (“Account”). In order to create an Account you must:

  1. be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country if that happens to be greater than 18; and

  2. be legally permitted to use the App by the laws of your home country.

Please note that we monitor for underage use and we will terminate, suspend or ask you to verify your Account if we have reason to believe that you may be underage.

You can create an Account via manual registration. For more information about what information we use and how we use it, please check out our Privacy Policy. By using our App, you acknowledge that we may collect and use your data and information in accordance with our Privacy Policy.

Unfortunately, we cannot allow you to use another person’s Account or to share your Account with any other person without permission.

 

You’ll have great fun on PreGame, but if you feel the need to leave, you can delete your Account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Delete account’ link. Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from the App. Your profile information will be treated in accordance with our Privacy Policy. If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you.

We use a combination of automated systems, user reports and a team of moderators to monitor and review accounts and content to identify breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses). For users residing in the European Union (“EU”), we will notify you when we take action against your Account or Your Content (defined below) unless it is not appropriate for us to do so (for example, we are not permitted by law enforcement agencies). For all other users, we may take such action, at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way and unless otherwise prohibited by mandatory laws in the country in which you reside, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these Terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for. If you believe that we’ve made a mistake in taking action on your Account or Your Content (defined below), you can appeal using the processes outlined within the app or by getting in touch at founders@pregame.dating.

For users residing in the EU, you have additional rights under the Digital Services Act to: (i) access third party out-of-court dispute settlement processes; (ii) seek remedies from the courts in the EU member state in which you live; and (iii) lodge a complaint with your local EU regulatory authority. For users residing in the UK, you have a right under local law to bring a claim for breach of contract if you believe we have breached these Terms by removing, restricting or limiting access to, or distribution of, your Content, or suspending or terminating your account.

You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.

You are not authorised to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

  1. You are an individual (i.e., not any body corporate, partnership or other business entity) at least 18 years old;

  2. You are legally qualified to enter a binding contract with PreGame;

  3. You are not prohibited by law from using our Services;

  4. You have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;

  5. You are not required to register as a sex offender with any state, federal or local sex offender registry;

  6. You do not have more than one account on our Services; and

  7. You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.

  8. Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;

  9. Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;

  10. Use the latest version of the Website and/or App;

  11. Review the Safety Tips;

  12. Review and comply with the Community Guidelines, as updated from time to time; and

  13. Take reasonable measures to protect the security of your login information.

  14. Misrepresent your identity, age, or affiliations with a person or entity;

  15. Use the Services in a way that damages the Services or prevents their use by other users;

  16. Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services' networks;

  17. Use our Services for any harmful, illegal, or nefarious purpose, including, but not limited to, using any Virtual Items for purposes of money laundering or other financial crimes;

  18. Harass, bully, stalk, intimidate, assault, defame, harm or otherwise abuse or cause psychological harm;

  19. Post or share Prohibited Content (see below);

  20. Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person's personal information without his or her permission;

  21. Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;

  22. Use another user's account;

  23. Use our Services in relation to fraud, a pyramid scheme, or other similar practice;

  24.  Use our Services in relation to any political campaign financing or for the purpose of influencing any election, other than sharing your own personal political opinions.

  25. Violate the terms of the license granted to you by PreGame (see Section 6 below). 

  26. Disclose private or proprietary information that you do not have the right to disclose;

  27. Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible mark, logo or slogan of PreGame) to direct any person to any other website for any purpose;

  28. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;

  29. Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent, including but not limited to artificial intelligence or machine learning systems;

  30. Use, access, or publish the PreGame  application programming interface without our written consent;

  31. Probe, scan or test the vulnerability of our Services or any system or network; through our Services without PreGame's prior written consent;

  32. Express or imply that any statements you make are endorsed by PreGame;

  33. Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;

  34. Upload viruses or other malicious code or otherwise compromise the security of our Services;

  35. Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;

  36. "Frame" or "mirror" any part of our Services without PreGame's prior written authorization;

  37. Use meta tags or code or other devices containing any reference to PreGame or the platform (or any trademark, trade name, service 

  38. Encourage, promote, or agree to engage in any activity that violates these Terms;

  39. Create a new account after we suspend or terminate your account, unless you receive our express permission; or

  40. Submit a report about a member’s behavior or content that is false, misleading, or otherwise manifestly unfounded, or abuse any PreGame reporting or appeals request system made available.

  41. Could reasonably be deemed to be offensive or to harass, abuse or cause psychological distress to another person;

  42. Is obscene, pornographic, violent or contains nudity;

  43. Is abusive, threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;

  44. Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;

  45. Encourages or facilitates any activity that may result in harm to the user or another person, including, but not limited to, promotion of self-harm, eating disorders, dangerous challenges, violent extremism,

  46. Is defamatory, libelous, or untrue;

  47. Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, sex work, "sugar daddy" or "sugar baby" relationships, links to other websites or premium line telephone numbers);

  48. Involves or facilitates the transmission of spam;

  49. Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or

  50. Infringes upon any third party's rights (including, without limitation, intellectual property rights and privacy rights);

  51. Was not written by you, unless expressly authorized by PreGame;

  52. Includes the image or likeness of another person without that person's consent (or in the case of a minor, the minor's parent or guardian);

  53. Includes an image or likeness of a minor who is unaccompanied by the minor's parent or guardian or not fully clothed or otherwise depicts or implies a minor engaged in sexual activity; 

  54. Is inconsistent with the intended use of the Services; or 

  55. May harm the reputation of PreGame or its affiliates, meaning the uploading or sharing of content on the PreGame platform that is defamatory to PreGame or its affiliates or advocates misuse of the Service or any service provided by PreGame’s affiliates.

TYPES OF CONTENT

There are three types of content that you will be able to access on the App:

  1. content that you upload and provide (“Your Content”);

  2. content that the PreGame Group provides (including, without limitation, database(s) and/or software) (“Our Content”).

  3. Member content

There is certain content we can’t allow on PreGame

Our Community Guidelines form part of these Terms and outline what content and conduct is accepted on and off our App. You agree to comply with our Community Guidelines as may be updated from time to time.

We want our users to be able express themselves as much as possible on PreGame, but we have to impose restrictions on certain content which:

  • is illegal or encourages, promotes or incites any illegal activity;

  • is harmful to minors;

  • is defamatory or libelous;

  • itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

  • shows another person which was created or distributed without that person’s consent;

  • contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;

  • is obscene, pornographic, violent or otherwise may offend human dignity;

  • is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;

  • relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);

  • involves the transmission of “junk” mail or “spam”;

  • impersonates or intends to deceive or manipulate a person (including, without limitation, scams and inauthentic behavior);

  • contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from PreGame or otherwise; or

  • in any other way violates our Community Guidelines.

Your Content

You agree that Your Content must comply with our Community Guidelines as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content. You will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Sorry that was a bit of a mouthful, but you are what you post!

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

As PreGame is a public community, Your Content will be visible to other users of the App all around the world - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other PreGame Users). By uploading Your Content on PreGame, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.

We do not have any obligation to store Your Content - if it’s important, you should make a copy.

So that we can prevent the unconsented use of Your Content by other members or third parties outside of PreGame, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send takedown notices (including, without limitation, pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices)) on your behalf if Your Content is taken and used by third parties outside of PreGame.

Member Content

Other members of PreGame will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.

You do not have any rights in relation to other users’ Member Content, and you may only use other PreGame users’ personal information to the extent that your use of it matches PreGame’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

Our Content

You may be wondering what happens to the rest of the Content on PreGame. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on PreGame, as well as the PreGame software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

  1. you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;

  2. you shall not use our name in metatags, keywords and/or hidden text;

  3. you shall not create derivative works from Our Content or scrape, disable, decompile, analyze or in any way commercially exploit Our Content, in whole or in part, in any way; and

  4. you shall use Our Content for lawful purposes only.

We reserve all other rights.

No Obligation to Pre-Screen Content.

While we don’t assume any obligation to pre-screen any of Your Content or any Member Content, there may be times where we need to step in to help keep our members safe, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages as set out in these Terms.

Use of Recommender Systems.

We have developed matching algorithms to predict your compatibility with other users and so we can show you people we think are a good match for you. You can learn more about our use of recommender systems and the main parameters we use in our Privacy Policy.

RESTRICTIONS ON THE APP

You agree to:

  • comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;

  • use your real name and real age in creating your PreGame account and on your profile; and

  • use the services in a safe, inclusive and respectful manner and adhere to our Community Guidelines at all times.

You agree that you will not:

  • act in an unlawful or disrespectful manner including being dishonest, abusive or discriminatory;

  • misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;

  • disclose information that you do not have the consent to disclose;

  • stalk or harass any other user of the App;

  • use the App in any deceptive, inauthentic or manipulative way, including engaging in conduct or distributing content relating to scams, spam, inauthentic profiles or commercial and promotional activity;

  • submit appeals, reports, notices or complaints that are manifestly unfounded; or;

  • develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from PreGame or its services, or otherwise copy profiles and other data from the services.

We don’t like users misbehaving in the PreGame community. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Block & Report’ link. We reserve the right to investigate any possible violations of these Terms, any PreGame user’s rights, or any third party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the App without prior notice, as set out further in Section 1 above, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to the App.

We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App.

IN CERTAIN CIRCUMSTANCES, SUCH AS IN RESPONSE TO MEMBER-GENERATED OR PRESS REPORTS OF SUSPECTED MISCONDUCT, THE PreGame GROUP MAY INVESTIGATE WHETHER A MEMBER HAS A CRIMINAL HISTORY, WHICH MAY, DEPENDING ON THE CIRCUMSTANCES, INCLUDE SEARCHING SEX OFFENDER REGISTRIES OR OTHER PUBLIC RECORDS. IF SUCH INVESTIGATIONS IDENTIFY A PERSON WITH A CRIMINAL CONVICTION, THE PreGame GROUP MAY USE AVAILABLE INFORMATION TO DETERMINE WHETHER THE PERSON IDENTIFIED BY THE INVESTIGATION IS THE SAME PERSON AS THE MEMBER ABOUT WHOM THE INVESTIGATION WAS CONDUCTED. FOLLOWING ANY SUCH INVESTIGATION, WITH RESPECT TO ANY MEMBER THAT THE PreGame GROUP REASONABLY BELIEVES TO HAVE BEEN CONVICTED OF A SEX OFFENSE (SUCH AS SEXUAL ASSAULT OR SEXUAL HARASSMENT, AND INCLUDING ANY REGISTERED SEX OFFENDERS), OR A CONVICTION FOR HUMAN TRAFFICKING, STALKING, KIDNAPPING, CHILD ABUSE, DOMESTIC ABUSE, MURDER, HATE CRIMES, OR TERRORISM OR VIOLENT EXTREMISM, THE PreGame GROUP MAY TAKE STEPS TO BLOCK THAT PERSON FROM USING THE SERVICE AND COMMUNICATING WITH OTHER MEMBERS OVER THE PLATFORM. THE PreGame GROUP RESERVES THE RIGHT TO BLOCK MEMBERS FOR OTHER OFFENSES, OR FOR OTHER VIOLATIONS OF THESE TERMS, OR FOR OTHER REASONS IN THEIR SOLE DISCRETION. CRIMINAL BACKGROUND INVESTIGATIONS, WHEN CONDUCTED, ARE NOT TYPICALLY UPDATED BY THE PreGame GROUP. ADDITIONALLY, WHILE INVESTIGATIONS FOR CRIMINAL HISTORIES MAY BE CONDUCTED ON SOME MEMBERS, THEY ARE NOT FOOLPROOF AND MOST MEMBERS ARE NOT EXPECTED TO BE SUBJECT TO ANY FORM OF CHECK FOR CRIMINAL HISTORIES. ANY INVESTIGATIONS FOR CRIMINAL HISTORIES MAY GIVE MEMBERS A FALSE SENSE OF SECURITY. THE CHECKS FOR CRIMINAL HISTORIES THAT MAY BE CONDUCTED BY THE PreGame GROUP ARE NOT A PERFECT SAFETY SOLUTION. CRIMINALS MAY CIRCUMVENT EVEN THE MOST SOPHISTICATED SEARCH TECHNOLOGY. NOT ALL CRIMINAL RECORDS ARE PUBLIC IN ALL STATES AND NOT ALL DATABASES ARE UP TO DATE. ONLY PUBLICLY AVAILABLE CONVICTIONS ARE INCLUDED IN CHECKS, AND CHECKS DO NOT COVER OTHER TYPES OF CONVICTIONS OR ARRESTS OR ANY CONVICTIONS FROM FOREIGN COUNTRIES.

You agree to, and hereby do, release PreGame Group and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by PreGame Group or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.

PRIVACY

For information about how the PreGame Group collects, uses, and shares your personal data, please check out our Privacy Policy. By using PreGame, you acknowledge that we may use such data in accordance with our Privacy Policy.

PAYMENT TERMS

Generally. PreGame may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”). Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

Subscriptions and Auto-Renewal: PreGame may offer some services as automatically-renewing subscriptions (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT PreGame’s THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If PreGame changes these prices and you do not cancel your subscription, you agree that you will be charged at PreGame’s then-current pricing for subscription.

Cancelling Subscriptions. If you purchased a subscription directly from PreGame, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.

Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account as set forth in Section 15.

The PreGame Group operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options. The PreGame Group reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering or to honor any offer.

Free Trials. If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial on PreGame through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the terms below apply:

YOU, THE BUYER, MAY CANCEL YOUR SUBSCRIPTION, WITHOUT PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SUBSCRIBED (EXCLUDING SUNDAYS AND HOLIDAYS). IN THE EVENT THAT YOU DIE BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOUR ESTATE SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DEATH. IN THE EVENT THAT YOU BECOME DISABLED (SUCH THAT YOU ARE UNABLE TO USE PreGame) BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOU SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DISABILITY BY PROVIDING THE COMPANY NOTICE IN THE SAME MANNER AS YOU REQUEST A REFUND AS DESCRIBED BELOW.

To request a refund:

To request a refund: In addition to canceling, eligible subscribers must request a refund to receive one. If you subscribed using your Apple ID, refunds are handled by Apple, not PreGame. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at Apple Support.

Taxes

The payments required under this Section 5 do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If PreGame determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, PreGame will collect such Sales Tax in addition to the payments required under this Section 5. If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to PreGame, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

VIRTUAL ITEMS

At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special limited-use features from PreGame, referred to here as “Virtual Items.” You can only purchase Virtual Items through PreGame or PreGame’s partners. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement, and your purchase of Virtual Items, does not constitute the sale of any rights in Virtual Items.

Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead shows the extent of your license to access Virtual Items. Virtual Items do not incur fees for non-use. Your license in Virtual Items will terminate on the earlier of PreGame ceasing provision of services or your account closing or terminating. PreGame may also at times provide Virtual Items as bonuses to, or parts of, paid subscriptions for its services. Your ability to use Virtual Items you have access to in this manner may terminate at the end of each of your subscription periods and your access to Virtual Items may not “roll over” or accumulate through additional subscription periods. Your access to Virtual Items gained through subscriptions may also end if you cancel your subscription.

PreGame, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. PreGame may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items and PreGame shall have no liability to you for doing so. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT PreGame IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

PUSH NOTIFICATIONS; LOCATION-BASED FEATURES

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the PreGame services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at founders@pregame.dating

The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the App uses and retains your information, please read the Privacy Policy.

DISCLAIMER: THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. THE PreGame GROUP IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. PREGAME GROUP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

 

LIMITATION OF LIABILITY: NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

INDEMNITY

 

All the actions you make and information you post on PreGame remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

  1. any negligent acts, omissions or willful misconduct by you;

  2. your access to and use of the App;

  3. the uploading or submission of Content to the App by you;

  4. any breach of these Terms by you; and/or

  5. your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

The foregoing provision does not require you to indemnify PreGame Group for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

11. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe any content on PreGame infringes the copyright in a work that you own, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to PreGame Group’s Copyright Agent. The Takedown Notice must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

 

Takedown Notices should be sent to founders@pregame.dating

THIRD PARTY APP STORE

The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:

  1. These Terms are concluded solely between you and the PreGame Group and not with the providers of the Third Party Store, and the PreGame Group (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.

  2. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The PreGame Group is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the PreGame Group.

  3. The PreGame Group, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.

  4. The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

DISPUTE RESOLUTION

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. This Arbitration Agreement requires you and PreGame Group to resolve disputes by binding arbitration instead of in court, and limits the manner in which we may seek relief from each other.

1. When Does This Arbitration Agreement Apply? This Arbitration Agreement applies to any disputes or claims of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory) between you and the PreGame Group arising out of or relating to the Terms, prior versions of the Terms, your use of our App, or any other aspect of your relationship with PreGame, including claims or disputes arising (but not actually filed in arbitration) before the effective date of these Terms. It requires that, and by entering into these Terms you and PreGame Group agree, that such disputes or claims will be resolved by binding arbitration, rather than in court, except (i) that you or PreGame may assert individual claims in small claims court if your claims qualify; (ii) that you or PreGame may seek equitable relief in court for infringement or misuse of intellectual property rights, and (iii) to the extent the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act precludes arbitration of the disputes or claims.

2. Notice of Dispute and Informal Resolution. Before beginning the arbitration process, you and PreGame Group agree to first notify one another of the dispute in writing at least 60 days in advance of initiating an arbitration. Notice to PreGame Group must be sent by email to founders@pregame.dating, and must provide your name, current email address, mailing address, and telephone number, as well as the name, email address, and telephone number associated with your PreGame account (if different from your current information); and describe the nature of the claim and the specific relief being sought.

You and PreGame agree to meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim or dispute covered by this Arbitration Agreement. If either party is represented by counsel, that counsel may participate in the informal dispute resolution conference. During this process, you may be provided with an offer of judgment. A party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.

All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process.

The informal dispute resolution conference shall occur within 60 days of receipt of the written notice described above, unless an extension is mutually agreed upon. If, after participating in that conference, the parties are unable to resolve the dispute, the claimant may commence an arbitration in accordance with this Agreement. Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration. Failure to do so is a breach of this Agreement, and no demand for arbitration shall be valid unless such written notice is provided and good faith discussions have been conducted.

Any statute of limitations will be tolled while the parties engage in the informal dispute resolution process described in this section.

How Do You Start The Arbitration Process? If you and PreGame Group are unable to resolve the dispute within 60 days, either party may proceed to file a claim for arbitration. To begin the arbitration process, you or PreGame Group must submit notice by certified mail of the claim with an individualized arbitration demand. To be valid, the demand must contain the name of the claiming party (you or PreGame Group), your or PreGame Group’s mailing address, the email address or phone number associated with your PreGame account (if applicable), and a detailed description of the dispute and the relief sought. Notice to PreGame Group must be submitted to our registered email: founders@pregame.dating

The initiating party must pay all filing fees for the arbitration. Your and PreGame Group’s responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim.

What Can The Arbitrator Decide? The arbitrator has the exclusive authority to resolve any and all threshold arbitrability issues, including whether this Arbitration Agreement is applicable, enforceable, or unconscionable. Courts, however, shall have the exclusive authority to determine (i) whether any provision of this Arbitration Agreement should be severed and the consequences of said severance, (ii) enforceability of any or all of the mass arbitration procedures set forth in Section 13(8), (iii) whether you have complied with conditions precedent to arbitration, and (iv) whether an arbitration provider is available to hear the arbitration(s) under Section 13(4). The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available in an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

No Jury Trials. By agreeing to arbitration, YOU AND PreGame ARE EACH AGREEING TO WAIVE THEIR RIGHTS TO A JURY TRIAL. Instead, you and PreGame Group are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in Section 13(1) above. An arbitrator can award the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

 

One At A Time. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU AND PreGame GROUP GIVE UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. However, this shall not preclude the use of bellwether arbitrations, global mediation, or batch arbitrations as described in Section 13(8) below, nor preclude the application of the arbitration provider’s fee schedules for mass arbitrations, as applicable. Only relief that would be permitted in an individual lawsuit is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user, except as provided in Section 13(8) below, nor shall this preclude application of the arbitration provider’s fee schedules for mass arbitrations, as applicable. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties , except as provided in Section 13(8) below, nor shall this preclude application of the arbitration provider’s fee schedules for mass arbitrations, as applicable.

 

Offer of Judgment. At least 14 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

Severability. Except as provided in subsection 13(7), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If a court decides that any of the provisions in the Arbitration Agreement above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Arbitration Agreement shall be arbitrated under its terms.

Survival of Agreement. The terms of this Arbitration Agreement will continue, even after your relationship with PreGame has ended.

 

USE OF THIRD PARTY INTEGRATIONS

If you use any feature offered in our Apps belonging to a Third Party, you will be subject to the Terms of Service of that provider.

TERMINATION AND REMEDIES

These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.

You can delete your Account at any time by logging into the App, going to the “Settings” tab (the gear icon), and following the instructions to terminate your account. Please note that if you delete your Account, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 5. In addition to deleting your account, you will also need to cancel/manage any recurring subscriptions purchased via a Third Party Store (e.g., iTunes, Google Play) to avoid additional billing.

In the event that PreGame Group determines, in its sole discretion, that you have breached any portion of these Terms, have misused the App, or have otherwise demonstrated conduct which the PreGame Group regards as inappropriate or unlawful (whether on or off the App), PreGame Group reserves the right to: (a) warn you via email (to any email addresses you have provided to PreGame Group) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s) without refund; (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which PreGame Group deems to be appropriate. You agree that all terminations for cause shall be made in PreGame Group’s sole discretion and that PreGame Group shall not be liable to you or any third party for any termination of your Account.

Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.

If your account is terminated by you or by the PreGame Group for any reason, all provisions of these Terms which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability. Your information will be maintained and deleted in accordance with our Privacy Policy.

MISCELLANEOUS

There are a few more things we need to mention before you can use PreGame.

These Terms, which we may amend from time to time, constitute the entire agreement between you and the PreGame Group. The Terms supersede all previous agreements, representations and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

The PreGame Group has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on PreGame and provides that information on an "as is", "as available" basis. The PreGame Group does not give or make any warranty or representation of any kind about the information contained on PreGame, whether express or implied. Use of PreGame and the materials available on it is at your sole risk. The PreGame Group is not responsible for any loss arising from the transmission, use of data, or inaccurate Member Content.

You are responsible for taking all necessary precautions to ensure that any material you may obtain from PreGame is free of viruses or other harmful components. You accept that PreGame will not be provided uninterrupted or error free, that defects may not be corrected or that The PreGame Group, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. The PreGame Group is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

The communications between you and PreGame Group may take place via electronic means, whether you use the App or send PreGame Group emails, or whether PreGame Group posts notices in the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from PreGame Group in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PreGame Group provides to you electronically satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.

We know our Terms are awesome, but we may have to change them now and again.

As PreGame grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. It’s also possible that we might ask you to agree to our Changes, but we’ll let you know. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.

Your continued use of PreGame following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using PreGame immediately (uh oh, that’s going to be hard!).

Additional items:

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

You represent and warrant that:

  1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

  2. you are not listed on any U.S. Government list of prohibited or restricted parties.

By using the App, you agree and acknowledge that PreGame is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on PreGame, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.

The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:

  1. the availability or accuracy of such websites or resources; or

  2. the content, products, or services on or available from such websites or resources

Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.

If you have any questions, complaints or claims with respect to the App, please contact us at founders@pregame.dating

 

 

GOVERNING LAW AND FORUM.

Subject to Section 13(3) and any mandatory laws that may apply in the country in which you reside, your access to the App, Our Content, and any Member Content, any claims arising from or related to your relationship with the PreGame Group, and these Terms are governed and interpreted by the laws of the Laws of India. All claims arising out of or relating to these Terms and/or your relationship with the PreGame Group that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in India. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on an inconvenient forum. You agree that you will not file or participate in a class action against us.

The PreGame Group

The Terms constitute a binding legal agreement between you as user (“you”) and the PreGame Group (“we” or “us”). 

Effective date

The Terms were last updated on: August 24, 2024.

 

PreGame Community Guidelines

PreGame is a space to make kind connections in a safe, inclusive, and respectful way. In order to foster healthy and equitable relationships, we hold our members accountable for the way they treat each other.

Our Community Guidelines help keep our members safe. They make it clear what content and conduct is not acceptable (on our platform and off).

Profile Guidelines

  • Age. You need to be at least 18 years old to join PreGame. Creating a profile that intentionally misrepresents you as being under the age of 18 is not allowed. We reserve the right to ask for your ID to verify your age, and we’ll block you from the platform if you’re underage.

  • Profile Photos. We want your profile to celebrate your authentic self! That’s why we require at least one of your profile photos to depict only you and to clearly show your full face. We do not permit:

  • Profile photos that are heavily distorted or contain exaggerated or unnatural digital effects to the point where it cannot be clearly determined that you’re the person in the photos

  • Any overlaid symbols, icons, frames, or stickers that aren’t from PreGame on your profile photos

  • Memes or photos with only — or primarily — text as a profile photo

  • Profile photos of children on their own

  • Profile photos with unclothed children

  • Username. Members are allowed to use initials, abbreviations, contracted or shortened versions of their name, nicknames, full names, and middle names. Members do not have to use their legal name or full name, but usernames should be an authentic representation of the name you use in everyday life. We do not permit:

  • Any words or phrases that violate our Community Guidelines

  • Using the name of a celebrity or fictional character

  • Words or characters (other than a valid name) including descriptive words, symbols (e.g. $, *, @,), emojis, numbers, or punctuation

Content and Conduct Guidelines

Adult Nudity and Sexual Activity

We don’t permit nude, sexually explicit, or sexually vulgar profile content. We also don’t allow the commercial exchange of any romantic or sexual activity, content, or services, including attempts to sell, advertise, or buy adult sexual content.

Bullying and Abusive Conduct

Our community is for creating kind connections. We don’t allow content or behavior that makes any individual or group feel harassed, bullied, or targeted. This includes belittling, insulting, or intimidating behavior; making unsolicited comments about someone’s appearance; engaging in emotional abuse; blackmail; repeated unwanted contact; or wishing, encouraging, or praising acts of violence.

Child Sexual Exploitation and Abuse

We have a zero tolerance policy towards any form of child sexual exploitation and abuse. We don’t allow content that sexualizes or endangers children, real or fictional (e.g. anime, media, text, illustrations, or digital images). This includes any visual depictions or discussions of sexually explicit conduct involving a child. For the purposes of this policy, a child is anyone under the age of 18. It’s prohibited to upload, store, produce, share, or entice anyone to share child sexual abuse material, even if the intent is to express outrage or raise awareness about this issue. 

Commercial and Promotional Activity

Our platform is not a marketplace. We don’t allow using PreGame for unsolicited commercial or promotional purposes. 

Controlled Goods and Substances

We don’t allow members to use our platforms to buy, sell, supply, distribute, or directly facilitate the purchase, sale, supply, or distribution of illegal drugs and/or the misuse of controlled goods and substances. This includes: e-cigarettes, marijuana, drug paraphernalia, or the misuse of legal substances like prescription drugs, tobacco, or alcohol. 

Dangerous Organizations and Individuals

We don’t permit organizations or individuals that proclaim, glorify, condone, or are known to support a violent, dangerous, or terrorist-based mission to have a presence on PreGame.

Identity-Based Hate

We aim to foster a diverse and inclusive community on PreGame. We prohibit content or behavior that promotes or condones hate, dehumanization, degradation, or contempt against marginalized or minoritized communities based on the following protected attributes: race/ethnicity, national origin/nationality/immigration status, caste, sex, gender identity or expression, sexual orientation, disability or serious health condition, or religion/belief.

Inauthentic Profiles

PreGame celebrates authenticity, and we expect all our members to represent themselves accurately on their profile. We don’t allow impersonation or misrepresentation on our platform. This includes catfishing (i.e. creating an online persona that isn’t you) or falsely stating facts about yourself (including name, gender, age, and permanent location).

Misinformation

We prohibit the sharing of demonstrably false or substantially misleading content that’s likely to cause serious harm or negatively impact individual or public safety. This includes content that directly contradicts information and guidance from leading and reputable global health organizations and public health authorities, false or misleading information on any civic process, and dangerous and unproven conspiracy-type theories.

Physical and Sexual Violence

We don’t tolerate any content, imagery, or behavior that commits or threatens credible acts of physical or sexual violence. This includes physical stalking, using our platform to assist, facilitate or support exploitation or human trafficking, and sexual assault of any kind, which we define as unwanted physical contact or attempted physical contact that is sexual in nature. 

Scams and Theft

PreGame prohibits any scam or theft activity intended to defraud or manipulate members out of financial or material resources. This includes requesting or seeking financial support, lying about your intentions for financial gain, or faking romantic intentions to deceive members out of financial or material resources. 

Sexual Harassment

We do not tolerate sexual harassment. We consider sexual harassment to be any non-physical, unwanted, and unwelcome sexual behaviors between members. This includes cyberflashing (i.e. sharing unsolicited sexually explicit images), in-person indecent exposure, sharing or threatening to share sexual or intimate images without the consent of the person involved or depicted, sending unwanted sexual comments or images, and fetishization. 

Spam

We do not permit any kind of unwanted or irrelevant content sent in bulk or high frequency. This includes sharing misleading or misdirecting links, creating an excessive number of accounts causing disruption to other members, or having multiple active profiles on our platform to engage in unwanted interactions. 

Suicide and Self-Injury Promotion

We care deeply about our members and understand that some may struggle with mental health, self-injury, suicidal thoughts, substance use, or eating disorders. While we do allow members to share personal experiences with these issues in a safe way, we don’t allow any content that depicts, promotes, glorifies, or assists in activities that could lead to suicide, self-injury, or disordered eating or body image. 

Violent and Graphic Content

We don’t permit violent, graphic, or gory content. This includes descriptions of violence in usernames or profile content, photos containing real or realistic-appearing blood, bodily fluids, or injury, or images depicting guns of any kind (except on a uniformed member of law enforcement or military personnel). 

Platform Manipulation

We prioritize fostering a community built on genuine connections, so any attempts to artificially influence connections, matching, conversations, or engagement through the use of automation or scripting is strictly prohibited.

Safety Reporting

Safety is a top priority at PreGame. We use a combination of human moderators and automated systems to monitor and review PreGame accounts and interactions for content that may be against our Community Guidelines, against our Terms and Conditions, or otherwise harmful.

 

Enforcement Philosophy

All members must comply with the platform rules described and referenced in our Community Guidelines. If you behave in a way that goes against PreGame’s Community Guidelines, values, or otherwise act in any way we believe to be potentially harmful to PreGame or its members, we may take a range of actions on your account. When determining the penalty for violating our community guidelines, we consider a number of factors.

For example, we may:

  • Remove the content

  • Issue a warning

  • Ban the offending member from some or all PreGame Inc. apps

When necessary, we also may cooperate with law enforcement to assist in potential criminal investigations related to member conduct.

Your treatment towards others outside of the PreGame app can also result in action against your account. If we’re made aware of harm between members on dates, meetups with friends, via text message or direct messaging platforms, or relevant alleged criminal or harmful conduct committed in your past or outside of PreGame, we may take action as if it happened on our platform.

(such as our competitions or surveys) (together, referred to in this Privacy Policy as our “Sites”),

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