TERMS OF USE
Last Modified: September 15, 2016
IMPORTANT LEGAL NOTICE REGARDING TERMS OF USE OF THIS WEBSITE EPOPMARKETS.COM
INTRODUCTION TO TERMS OF AGREEMENT
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
epopmarkets.com ("the Website") is owned and operated by FBLAB, LLC.
By using or visiting the Website and its associated products, software, applications (web applications and mobile applications), network connections, promotions, contests, and related content (collectively the "Services", singular or plural) FBLAB, LLC ("us", "we", "our") provides to you ("you", "your", "user"), you signify your agreement to
(1) our terms and conditions ("Terms of Use"),
(2) our Privacy Policy, explaining how user information is collected and used by our Website and Services, found at http://epopmarkets.com/priv.html.
These Terms or Use and our Privacy Policy constitute a legal agreement between you and FBLAB, LLC, and shall apply to your use of the Services, continuing after termination.
IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR RIGHT TO MODIFY THEM AT WILL, DO NOT USE THE SERVICES.
USING OUR SERVICES
You agree that FBLAB is not responsible for:
(1) any incorrect information provided through the Services;
(2) user errors in the interaction with the Services;
(3) technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or related software and hardware, including without limitation any injury or damage to the user's computer or connected electronic devices or relating to or resulting from participation in a Contest; inability to access the Services;
(4) information that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever, typographical, printing or other errors, or any combination thereof;
(5) relieve FBLAB from any and all liability arising from your use of any third-party website or services associated with or linked to the Website or the Services that are not owned or controlled by FBLAB.
You agree that you will not:
(1) disguise or hide your IP address or the source of any Content, User Submissions, or other Information that you may provide or upload to the Services;
(2) remove or amend any proprietary notices or other ownership information from our Services;
(3) interfere with or disrupt our servers or networks that provide our Services;
(4) circumvent, disable or otherwise interfere with security-related features of our Services,
(5) attempt to decompile, reverse engineer, disassemble or hack our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
(6) collect data on, "stalk" or otherwise harass or invade the privacy of another user;
(7) act in any manner possessing the potential to negatively affect a person's ability to use any of our Services;
(8) intentionally or unintentionally violate any applicable local, state, national or international law when using our Services.
ANY ATTEMPT BY THE USER TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGIMATE OPERATION OF THE SERVICES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, FBLAB RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Your access to our Services may be suspended, in our sole discretion, if we suspect any possible misuse of our Services defined by the letter and spirit herein. Additionally, you agree to cooperate with FBLAB if we choose to investigate any suspected or actual activity not in accordance with these terms.
We have the right to withdraw or modify our Services without notice and without liability to you at our sole and absolute discretion.
You are responsible for the internet connection and/or mobile charges that you may incur for accessing our Services.
YOUR BREACH OF TERMS
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
YOUR ACCOUNT
In order to access or use some features of the Services, you must become a registered Member by creating an account. This constitutes a Membership.
By creating an account, you agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and permits your usage of the Services.
When creating your account, you must provide accurate and complete information, including an email address of which you are an authorized owner. "Authorized Account Holder" is defined as the natural person 13 years of age or older who is the owner of the email address submitted at the time of registration.
Once you have registered, you, the user, are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account.
You must update the information requested at the time of registration when it changes. We reserve the right to terminate your access to the services in the event that you fail to provide updated information in a timely manner.
You may establish only one account per person to participate in the Services. It shall be a violation of these Terms of Use to allow any other person to use your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. You, the user are solely responsible for any and all activity that occurs on your account.
By submitting a method of payment, either by debit, credit, or PayPal account, ("payment method account") the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful, authorized owner of the payment method account used to make any purchase on the Website or from the Services. It shall be a violation of these Terms of Use for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
INTELLECTUAL PROPERTY
The content of the Services, including software, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos (collectively the "Intellectual Property"), are owned by or licensed to FBLAB, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website or in the Services is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein.
You agree not to circumvent, disable or otherwise interfere with security related features of the Services that prevent or restrict use or copying of any Intellectual Property.
We may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to FBLAB, a non-exclusive, worldwide, royalty-free, fully sub-licenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products.
You hereby waive any moral rights you may have in your User Submissions.
By using our website User Submission functionality, you agree not to use it to:
(1) upload, post, or otherwise make available any Content that is in violation of any law threatening, harmful, abusive or harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(2) act in any way harmful to minors;
(3) pretend to be someone that you are not, including being an FBLAB employee or agent;
(4) upload or post any information you do not have the right to post or upload, including any information which would violate any intellectual property laws (which includes information that is protected by a patent, trademark, copyright) or information which you do not have the right to upload or post because it is proprietary;;
(5) upload or post any files, information or links to any information which can harm another person's computer or equipment, or which attempts to collect data about other users or the systems, networks, and servers that provide our Services;
(6) that none of your User Submissions are defamatory or violate any rights of third parties including rights of publicity or privacy.
We may refuse or remove a User Submission without notice to you.
We have no obligation to monitor User Submissions, and we will not be liable for User Submissions or any loss or damage resulting from User Submissions. User Submissions or any loss or damage resulting from User Submissions. However, we will respond promptly to claims of copyright infringement that are reported to us and deal with the offending users accordingly.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will retain all ownership in your uploaded content, subject to any rights granted in the Terms of Use and any access granted to others.
It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your uploaded Content; we make no claim of doing this for you. We offer no guarantee of confidentiality with respect to your uploaded content.
If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.
We do not consider or accept unsolicited proposals or ideas, including, for example, in-game features, ideas for new games, mechanics, technologies, promotions, game feedback and improvements ("Unsolicited Proposals"). If, despite this, you send any Unsolicited Proposals to us, you acknowledge and agree that we are not required to keep them confidential and that we are permitted to use them for any purposes whatsoever without any liability or payment to you of any kind.
CONDITIONS OF CONTEST
Usage of the Services may constitute the entrance of the user into Contests for prizes. All entrants agree to be bound by these Terms of Use.
Any and all decisions we make regarding Contests or prizes are final and binding.
Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. Each Contest or promotion is governed by its own set of official rules. Each entrant must read applicable Contest Rules before participating.
We, at our sole discretion, may disqualify any entrant from a Contest, refuse to award prizes or any other form of compensation or require the return of any prizes if the entrant engages in conduct that in letter or spirit disagrees with these Terms of Use.
In the event FBLAB, LLC discovers that you have opened more than one account per person, FBLAB, LLC reserves the right to suspend or terminate any or all of your accounts at its sole discretion, as well as deny any prizes previously associated with any or all accounts in question.
Contests offered through the Services shall be deemed contests of skill. Winners are determined by the objective criteria described in the relevant Contest Rules. Winners are objectively determined to be the entrants who use their skill and knowledge of relevant sports information and dynamics to accumulate the most points according to the corresponding scoring rules.
While FBLAB and any third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, FBLAB shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Services, and shall not be responsible or liable for any error or omissions in that information, including any results the usage of such information may have in the results of a contest.
To the extent that we offer the user sports statistics during gameplay, all such statistics, including but not limited to team scores, score spreads, time-related information, provided through the Services are unofficial and should be treated as such. All statistics are offered for entertainment purposes only and should not be relied on in critical moments of competition or contests.
In our Real Time Sports Exchange, market liquidity can and will sometimes be inadequate at providing a stimulating gameplay experience for all interested players. You agree that we reserve the right to provide market liquidity and activity through unintelligent robots to create a liquid market for all participants until real participants create enough interest for there to be a player-only market. These robots will in no way have a bias for or against any particular user will be operating without any discretion from anyone affiliated with FBLAB or any outside party. They will strictly be used to facilitate a steady game-play experience for all players. We hold no responsibility for game-play outcomes or contest results due to the participation of such robots.
FBLAB offers purchasable in-game content. Although FBLAB markets this content with the full intention of allowing users to enhance their gameplay experience, FBLAB does not make any claim that purchasing such content will enhance or in any way affect the ability of the purchasing user to win in-game contests.
To be eligible to receive any prize, the Authorized Account Holder may be required to provide FBLAB with additional documentation and/or information to verify the identity of the Authorized Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, FBLAB will, in its discretion, utilize certain information collected by the Services to assist in verifying the identity and/or eligibility such Authorized Account Holder.
If we are unable to verify identity or eligibility of the Authorized account Holder to receive a prize, we reserve the right to deny any prizes.
Where legal, all entrants consent to the use of their name, voice, and likeness/photograph, in connection with the development, production, distribution of any contest or promotion of the Services.
Winners agree that from the date of notification by FBLAB of their status as a potential winner and continuing until such time when FBLAB informs them that they no longer need to do so that they will make themselves available to FBLAB for publicity, advertising, and promotion activities if FBLAB so requests.
REFUND POLICY:
FBLAB does not offer any refunds for purchases made in or through the Services.
FBLAB will not be held responsible for providing refunds or any other form of compensation for unauthorized charges resulting from any user's failure to properly secure their account credentials, although we may amend such incidents solely at our discretion.
Any points, features, awards, points, or any other digital Content, whether purchased or provided, are not redeemable for any monetary value.
INDEMNIFICATION
You agree to indemnify and hold harmless FBLAB and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with:
(1) your access to or use of any of our Services;
(2) Content or User Submissions provided by you through use of your Membership;
(3) any actual or alleged violation or breach by you of these Terms of Use, or any other Rules;
(4) any information posted or uploaded to the Services which may be defamatory or falsely represents another user or third party;
(5) any acceptance of a solicitation within the Services or your future acceptance of such solicitation which may have originated on the Website or in the Services.
You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK.
OUR WEBSITE AND SERVICS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, FBLAB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY:
(1) WARRANTIES THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS;
(2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR SERVICES;
(3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
(4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR OUR WEBSITE OR IN OUR SERVICES;
(5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES;
(6) WARRANTIES THAT YOUR USE OF THE WEBSITE AND SERVICES WILL BE SECURE OR UNINTERRUPTED;
(7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
FBLAB DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE OR SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS THE SERVICES PROVIDED BY FBLAB. FURTHER, FBLAB DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
FBLAB AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE OR SERVICES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL FBLAB OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FBLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE OR SERVICES INCLUDING, WITHOUT LIMITATION, IS TO STOP USING THE WEBSITE AND SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS CONTAINED IN THE SERVICES AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON OUR WEBSITE OR IN OUR SERVICES.
TERMINATION
FBLAB reserves the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Services for any reason including, without limitation.
You agree that FBLAB shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to our Services.
Any suspension or termination shall not affect any rights or obligations under these Terms.
All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our failure to exercise or enforce any of our rights under these terms does not waive or in any way terminate our right to enforce such rights. Any waiver of such rights shall only be effective if it is in writing and signed by us.
AMENDMENT OF THESE TERMS OF USE
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, or unique parts of our Services, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use.
To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
Modifications to these Terms of Use or Additional Terms will be effective immediately upon notification by email, on the Website or through the Services. Although we may attempt to notify you when changes are made to these Terms of Use, it is your responsibility to review these Terms of Use periodically.
Your access and use of any our Website and Services following modifications of these Terms of Use or the provision of Additional Terms will signify acceptance of the new Terms of Use. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you shall immediately discontinue use of our Website and Services.
If any part of our Rules are deemed invalid or unenforceable by an agency of authority, then such nullification shall be contained only to the Term in question. All other Terms of Use shall remain in force.
NOTICES
All notices, requests, and communications hereunder shall be in writing, and any such notice, request or other communication shall be deemed to have been given or made when delivered by hand, transmitted by fax and confirmed or, in the case of delivery by mail, when deposited in the mail, certified mail, return receipt requested, postage prepaid, to:
FBLAB, LLC
4507 North Ravenswood Avenue
Suite 102
Chicago, IL 60640