Last Updated: 09-29-2021
MPL offers various skill and learning‑based digital games and other promotional and interactive features (collectively “Services”) including matches, challenges, tournaments and competitions in respect of such skill and learning‑based digital games (“Competitions”). These Terms set out the terms and conditions that apply when you use our Services. If you don’t wish to be bound by the Terms, do not click “I accept” or access the MPL Platform, and do not use the Services. Declining to accept these Terms means you will be unable to participate in Competitions or use the MPL Platform.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND MPL THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 26 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1. Agreement to Terms. BY ACCESSING THE MPL PLATFORM, USING THE SERVICES IN ANY WAY, CLICKING “I ACCEPT”, OR REGISTERING FOR AN ACCOUNT OR PARTICIPATING IN ANY COMPETITIONS, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND ALL OBLIGATIONS AND RULES THAT MAY BE INCLUDED WITHIN EACH COMPETITION IN WHICH YOU PARTICIPATE IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS. If you don’t agree to be bound by these Terms, you shall not use the MPL Platform or the Services or participate in the Competitions. Each time you access and/or use the Services, you agree to be bound by and comply with these Terms, as updated from time to time, and any Additional Terms (defined below).
3. Additional Terms and Rules. In some instances, both these Terms and separate guidelines, rules, or terms of service, setting forth additional or different terms and/or conditions will apply to your use of the Services (in each such instance, and collectively, “Additional Terms”). For example, in addition to these Terms, for any specific events / match / tournaments / competitions we may offer as part of the Services, a description of how you can win the prize in each match / tournament (referred to as the “Initial Rules”). Such Initial Rules will be posted in the Services during the applicable Competition period and which will govern Users’ participation, and our execution, of each such Competition. The Initial Rules are incorporated into these Terms by this reference.
4. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications via e-mail or as in-app notifications. It’s important that you review the Terms whenever we update them. If you continue to use the Services after we have posted updated Terms it shall mean that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
5. Who May Use the Services?
Any user of the Platform must:
(a) be a natural person who is at least the age of majority or older (eighteen (18) years, and nineteen (19) years or older if located in Alabama or Nebraska), and who is personally assigned to the email address and/or other information submitted during your Account (defined below) registration or during the course of use of the Platform;
(b) have the power to enter into a contract;
(c) be physically located within the U.S. when accessing the Platform;
(d) be physically located within a U.S. state in which availing of the specific Services you select is unrestricted by that state’s laws; and
(e) at all times abide by these Terms.
If any one of these requirements is not met at any time, we may suspend or close your User Account with or without notice. MPL officers, directors and employees may use the Services for the purpose of testing the user experience and for any other purpose required to ensure optimal operation of the MPL Platform and Services. MPL contractors, affiliates, or partners may use the Services without such limitation, but only if they do not have any access to non-public information relating to the Services that would lead to any advantage in their use of the Services or participation in the Competitions.
6. Registration and Accounts. In order to avail of the Services, you may first register for an Account (the “Account”) through our sign-up registration process. Individuals who sign-up for the Services and receive an Account are referred to in these Terms as “Users.”
If you register for any feature that requires a password and/or username (which we make available from time to time), then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that:
(a) You will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion;
(b) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete. This shall apply not only to the information provided at the time of registration but also for any subsequent verification processes that we may require during the course of your use of the Services;
(c) You are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. Further, you are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;
(d) You may establish only one (1) Account per person to participate in the Services. In the event MPL discovers that you have opened more than one (1) Account per person, in addition to any other rights that we may have, we reserve the right to suspend or terminate any or all of your Accounts and terminate, withhold or revoke any monetary or other rewards and any amounts accrued or deposited towards the Accounts without further notice.
(e) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device (defined below) so that others may not access any password protected portion of the Services using your name, username, or password;
(f) You will immediately notify us of any unauthorized use of your Account, password, or username, or any other breach of security; and
(g) You will not sell, transfer, or assign your User Account or any account rights, including, without limitation, digital trophies, virtual currency or virtual goods. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your Account.
(h) By providing an email address, you authorize us to provide you with important announcements, relevant promotions, and other related communications relating to the MPL Platform, Services and Competitions. You may opt out of these communications at any time.
We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability. You represent and warrant to us that: (i) you have the right, authority, and capacity to agree to these Terms, to register for a User Account, and to avail of the Services for which you register, including, without limitation meeting the eligibility requirements set forth in Section 1 above; (ii) you will comply with these Terms when participating in / receiving Services, and/or using the Services; and (iii) all information you supply to us is complete, accurate and current. Failure to comply with these Terms and/or knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information may result, without limitation, in immediate termination of your User Account and forfeiture of any monetary or other rewards and any amounts accrued or deposited towards the Account, without MPL being liable in any manner for such termination or suspension of the Account.
8. Minors. We do not knowingly accept personal information from anyone under 18 years of age and have taken commercially reasonable response to restrict access to the MPL platform and use of the Services to only those who are over 18 years of age. If you believe that a child under 18 has gained access to the Services or the MPL Platform, please contact us at email@example.com.
10. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
11. Beta Releases. If any version of the Services are identified as a “beta” version, you agree that it may contain fewer or more features than the final version of the relevant Services and that no final version may be released in respect of the said “beta” version. The features, capabilities and other characteristics of the said “beta” version may be subject to change or variation at our discretion and may not be suitable for production use and may contain errors that may affect its operation and functionality.
12. Prohibited US States/Countries. You acknowledge that various rules, regulations and laws addressing matches and tournaments with entry fees and/or prizes govern your participation or availing of the Services (“Gaming Laws”), and that Gaming Laws are set up by each individual state within the United States. Therefore, we DO NOT permit Cash Competitions (as defined in Section 15) to be offered to users participating from any state in which such Cash Competitions violates its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Competitions. In the United States, Prohibited Jurisdictions, as of the “Updated” date above, include: Arizona, Arkansas, Louisiana, Maryland, Michigan, Montana, Nevada, South Carolina, South Dakota, Tennessee, Vermont and Washington. For card games, Prohibited Jurisdictions also include Indiana and Maine. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access Services, we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing.
13. Additional Laws. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to some or all of the Services may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. You agree that availing of Services is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.
14. DISCLAIMERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR USE OF THE MPL PLATFORM OR AVAILING OF ANY SERVICES OR PARTICIPATING IN ANY COMPETITION, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
(a) Access. To access and use the Services, and participate in Competitions, you may be required to download and install the MPL Platform, and such access entails the use of hardware, software and Internet access (which you acknowledge play a crucial role in your user experience). You agree that we are not responsible for any hardware, software or Internet access, quality, suitability or unavailability issues. We do not provide Internet access, and you are responsible for all fees relating to telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the servers.
(b) Competitions. Each Competition description will include a description of how you may win a monetary reward (if applicable). Some Competitions require cash consideration to participate (“Cash Competitions”). You must register and complete the entry process to participate in a Competition. Competitions offered through the Services are skill‑based gaming environments and winners are determined by the specific criteria described in the Competition Initial Rules. The Services may not be used for any form of gambling.
(c) Cash Prizes. At the conclusion of each Cash Competition, cash prizes (“Cash Prizes”) will be awarded up to seven (7) business days thereafter, except in circumstances where technical failure, inability of MPL to verify your compliance with these Terms, or other reasons prevent such timely payout. Cash Prizes shall be listed in the Initial Rules. Cash Prizes won are added to the winning Users Account balance. In the event of a tie, Cash Prizes are divided evenly amongst the Users that have tied unless otherwise specified in the Initial Rules. Cash Prizes is non-transferable within the Services to other Users.
(d) Eligibility for Cash Prizes. If you are eligible to receive a Cash Prize, we may require that you provide proof that you are or were at the time of your participation in the subject Cash Competition, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. If you do not provide such proof to our / our third party payment processor / other applicable partners’ reasonable satisfaction, then you will not receive the relevant Cash Prizes. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment.
(e) Taxes. Users will be solely responsible for all international, federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. You agree to promptly pay for any taxes incurred resulting from your receipt of any prizes. We reserve the right to withhold and/or deduct such taxes and charges from the prize if and to the extent required by Applicable Law. You will provide us any information we may require in order to file informational tax returns with respect to any prizes awarded to you including specific information / forms required by us for this purpose, as may be communicated from time to time. Specifically, if you are a US resident, we may require you to fill and submit an IRS Form W-9 and 1099-MISC if your net winnings total $600 or more in any given calendar year. On the basis of your state of residence, we may also send you additional federal or state tax forms. If you fail to provide the information requested by us for this purpose, which may include your Social Security Number, or provide information that is found to be inaccurate, your access to the MPL Platform and Services may be restricted.
16. Fees and Payments. MPL may require payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees.
(a) Fees. At present, MPL does not charge Users a fee for accessing the MPL Platform and for certain Services.
(d) Entrance Fees for Cash Competitions. Users may purchase access to Cash Competitions via the Services. You may need to provide additional information to access certain Cash Competitions as part of our compliance with Applicable Laws or our third party compliance obligations. If you purchase access to a Cash Competition via the Services (a “Transaction”), you expressly authorize MPL (or our third-party payment processor) to charge you for such Transaction or deduct the applicable Transaction fee from your Account. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us) to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in the Terms. All fees and applicable taxes, if any, are payable in United States dollars. MPL does not issue receipts for entries in the Cash Competitions. The entries are accounted within the User’s account on the Platform.
(e) Bonus Program. MPL may run a Bonus Cash promotion which is a cash discount program whereby the user is allowed to accumulate cash discount eligibility points (referred to as “Bonus Cash”) in a separate wallet known as “Bonus Wallet”. Such Bonus Cash is granted as per various business promotion strategies run by MPL from time to time. The Bonus Cash is subject to control by MPL and MPL is free to put such restrictions on its availability, utilization, inherent discount benefits, time validity etc. as it may decide from time to time. MPL may allow upfront Cash Discount from the Platform Fee in lieu of the accumulated Bonus Cash in accordance with the conversion ratio as the Company may be decided from time to time for each Contest. The Bonus Cash may only be used on the MPL Platform and cannot be withdrawn from the MPL Platform.
(f) Cancellations. Please read the Initial Rules and other applicable terms before purchasing access to a Cash Competition. ALL TRANSACTIONS VIA THE SERVICES ARE FINAL. We reserve the right to cancel your Transaction or the Cash Competition for any reason; provided that in the event we cancel your Transaction or the Cash Competition due to an error on the MPL Platform, we’ll work with you to return the entry fee to your MPL wallet.
(g) Refunds. Unless otherwise required by law, no refunds are given. Users who close the App or are disconnected before finishing a Competition for any reason, including for poor internet connectivity, shall not be entitled to receive a refund.
(h) Withdrawals. If you are a Cash Player, you may request a withdrawal of funds from your available Account balance at any time. Only funds accrued as winnings may be withdrawn. Processing of requested funds is made by remitting the funds to the payment method used to make your deposit and may take up to ninety (90) days; provided, however, that we may freeze your Account and/or delay a request for withdrawal of funds pending successful KYC process, completion of any investigation of reported or suspected Abuse, verification of eligibility or to comply with Applicable Laws. A check request processing fee of up to $2.00 for any withdrawal of less than $10.00 may be assessed. When you withdraw funds from your account, you may be required to submit your social security number or other identifying information. Failure to provide your social security number or other requested identifying information at that time may result in inability to process your withdrawal for any winnings.
(i) Closing Accounts; Forfeiture of Funds. If you close your Account, funds in your Account will be returned subject to the terms herein. If your Account is unilaterally closed or terminated for cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you. If your funds are forfeited by you in accordance with this Section or under any other section of these present terms hereof, these funds may be used to defray the costs of administration and enforcement of these Terms, allocated or disbursed such amounts to other Services or donated or dealt with in accordance with applicable laws.
17. Your Content.
(a) Posting Content. Our Services may allow you to store, share, post, upload, publish, submit or transmit content (in posts, profiles, or communications with others), such as text, files, documents, graphics, images, music, software, audio and video. Any content (other than Feedback) that you post or otherwise make available on or through the Services is referred to as “User Content” and must be in compliance with MPL’s Community Guidelines at Annexure I herein. MPL does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. Your User Content may be publicly viewable via the Services by other MPL Users as well as the public at large. You should only make available User Content that you are comfortable sharing publicly and for which you have no expectation of privacy. MPL strongly encourages you not to make available User Content that contains your personally identifiable information, or your confidential or proprietary information. Any User Content shall be deemed non-confidential.
(b) Permissions to Your User Content. By creating, displaying, posting, publishing, sharing, submitting or transmitting any User Content, you hereby grant to MPL and its Users a non-exclusive, transferable, worldwide, royalty-free, fully paid up, sublicensable license, with the right to access, store, reproduce, use, copy, modify, adapt, create derivative works from, distribute, publish, transmit, display, broadcast and perform your User Content in any and all media or distribution methods (now known or later developed) in connection with operating, developing, promoting, using, and providing the Services.
(c) Responsibility for User Content. You are solely responsible and liable for all User Content made available by you. You are solely responsible for your interactions with other Users of the Services. MPL reserves the right, but has no obligation, to monitor disputes between you and other Users. You represent and warrant that you have (and will have) all rights, licenses, consents, and releases that are necessary to grant MPL and its users the rights in your User Content under these Terms. Neither your User Content, nor your creating, displaying, posting, publishing, sharing, submitting or transmitting of your User Content or the use of your User Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation. We do not endorse, support, represent, warrant, guarantee or verify the appropriateness, accuracy, reliability, or legality of any User Content. All User Content made available by you must be in compliance with MPL’s Community Guidelines at Annexure I herein.
You understand that by using our Services, you may be exposed to User Content or other user conduct that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, User Content that has been mislabeled, are deceptive or otherwise unsuited to your purpose. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review your User Content and other conduct to ensure that you are complying with these Terms and our policies, and to edit, refuse to post or remove User Content at any time and for any reason that we believe violate these Terms or our policies. In any forums, message boards or chat functions, we also reserve the right, and have absolute discretion, to moderate any interactions and remove any participants, including you, at any time and for any reason that we believe violate these Terms or our policies. However, under no circumstances will we take any responsibility for the User Content or other conduct of Users of our Services.
(d) Your Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(e) MPL’s Intellectual Property. The Services are comprised of works that are owned or licensed by and between affiliate members of MPL, and they are protected by intellectual property rights. We retain all rights to the Services and any content in the Services. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services.
18. General Prohibitions and MPL’s Enforcement Rights. You agree not to do or attempt to do any of the following:
(a) Post, upload, publish, submit, create, display, share or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity, privacy, or other personal or proprietary rights; (ii) violates, or encourages any conduct that violates, any applicable laws, rules, or regulations or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) contains any information that we deem to be defamatory, obscene, sexually explicit or pornographic, vulgar or offensive, discriminatory, racially or ethnically offensive, hateful, harmful, abusive, violent, infringing, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (v) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; or (vi) links to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
(b) Use, replicate, display, mirror or frame (whether directly or through the use of meta tags) the Services or any individual element within the Services, MPL’s name, any MPL trademark, logo or other proprietary information or intellectual property, or the layout and design of any page or form contained on a page in any manner or format, including the development of any third party applications that interact with our Services, without MPL’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services, MPL’s computer systems, or the technical delivery systems of MPL’s providers;
(d) Probe, scan or test the vulnerability of any MPL system or network or breach, compromise, or circumvent any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MPL or any of MPL’s providers or any other third party (including another user) to protect the Services;
(f) Access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MPL;
(g) Interfere with, disrupt, interrupt, negatively affect or inhibit other Users from enjoying the Services, or take actions that could damage, interrupt, disable, overburden or impair the functioning of the Services in any manner, including without limitation: (i) sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (ii) sending altered, deceptive or false source-identifying information, including by forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (iii) scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Services; or (iv) abusing or exploiting a bug, glitch or similar issue in the Services;
(h) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party without our express written approval to do so or in any manner not permitted by these Terms;
(i) Decipher, decompile, disassemble or reverse engineer or otherwise derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application or software used to provide the Services);
(j) Interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(k) Collect, harvest, publish, or store any personally identifiable information from the Services from other users of the Services without their express permission or use automated means (including, but not limited to, harvest bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Services or of any User for any purpose;
(l) Create a false identity or a User Account for anyone other than yourself, impersonate or misrepresent your affiliation with any person or entity or falsify personal information or location information required to enter a Competition or claim a prize or Cash Prize;
(m) Transfer, sell, or trade your User Account, credentials, or access to the Services to anyone without written permission from MPL;
(n) Create or operate multiple User Accounts, log into a User Account from multiple devices simultaneously, or log into multiple User Accounts from the same device, without MPL’s express written consent;
(o) Participate in a Competition on behalf of multiple entrants (including through multi-accounting) or otherwise collaborate with others to participate in any Competition;
(p) Engage or assist in anticompetitive behavior such as colluding with any other individual(s), engaging in any type of syndicate play, match or matchmaking manipulation, or engaging in intentionally poor play to achieve competitive advantage;
(q) Use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other users of the Services, or modify, interfere or otherwise act in any manner that may negatively affect other Users’ experience with the Services (such as win trading, any kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other Users and any other act that intentionally abuses or goes against the design of the Service);
(r) Violate Competition Initial Rules, these Terms or any applicable law or regulation;
(s) Engage in any type of financial fraud including reversal of refund abuse, credit card charges and/or chargebacks, or unauthorized use of credit instruments to enter a Competition or claim a prize or Cash Prize or deliberately transfer money between multiple User Accounts;
(t) Commit any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions;
(u) Tamper with the administration of a Competition or tamper with the computer programs or any security measure associated with a Competition;
(v) Solicit or obtain other Users’ User Account credentials or confidential information or spam other Users;
(w) Abuse the Services in any way;
(x) Engage in any act that MPL deems to be in conflict with the spirit or intent of the Services or make improper use of MPL’s support services ;or
(y) Encourage or enable any other individual or User to do any of the foregoing.
By entering a Competition or availing any of the Services, Users agree to be bound by these Terms, Additional Terms, Competition Initial Rules, and other applicable rules and terms, and our decisions, which shall be final and binding in all respects. We may, in our sole discretion, disqualify any User from a Competition, refuse to award benefits or prizes and require the return of any prizes, if the User engages in conduct or otherwise utilizes any information or tactics we deem to be improper, unfair or otherwise adverse to the operation of the Competition or is in any way detrimental to other Users.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent us from pursuing criminal or civil proceedings in connection with such conduct.
19. DMCA/Copyright Policy. MPL respects copyright law and expects its Users to do the same. It is MPL’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. The Digital Millennium Copyright Act (“DMCA”) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that may constitute copyright infringement, you can provide notice of your claim to the designated agent listed below. For your notice to be effective, it must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MPL’s Designated Agent is: Mobile Premier League Inc. Attn: Legal Department, 77 Sands Street, 6th Floor, Brooklyn, NY 11201; Legal.US@mplgaming.com.
20. Links to Third Party Websites or Resources. The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
21. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you and without any liability. Upon any termination, discontinuation or cancellation of the Services or your account, any payment obligations to us will survive. Any and all portions of these Terms that are intended to survive termination, discontinuation or cancellation will survive and shall continue to be in full force.
22. Warranty Disclaimers. THE SERVICES (INCLUDING USER CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. You acknowledge that MPL has no control over, and no duty to take any action regarding what effects the Services (including User Content) may have on you; how you may interpret or use the Services (including User Content); or what actions you may take as a result of having been exposed to the Services (including User Content).
MPL is not responsible or liable for any damage, loss or injury resulting from, relating to or arising out of (1) use, access or attempted use or access of the Services; (2) downloading any information during the course of use of the Serviced; and/or (3) violation of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user.
Some states do not allow the disclaimer of implied warranties, as such the foregoing disclaimer may not apply to you in its entirety.
23. Indemnity. You will indemnify and hold MPL and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the MPL Platform or Services; (b) your participation in Competitions; (c) your User Content; (c) your violation of these Terms, (d) your violation of Applicable Laws; and/or (iv) your negligence or misconduct.
24. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL MPL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID FOR AVAILING OF THE SERVICES FORMING THE SUBJECT MATTER OF THE GRIEVANCE OR FIFTY DOLLARS ($50).
(b) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MPL AND YOU.
25. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 26 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and MPL are not required to arbitrate will be the state and federal courts located in Delaware, and you and MPL each waive any objection to jurisdiction and venue in such courts.
26. Dispute Resolution.
(a) Claims or Disputes. To the extent permitted by applicable law, any claims or disputes in respect of or relating to the Services shall be filed within a period of one year from the date of the occurrence of the cause of action (in the manner agreed to in these Terms). If a claim or dispute isn’t filed within one year, it is permanently barred.
(b) Equitable Relief. You agree that we would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.
(c) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and MPL agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and MPL are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(d) Exceptions. As limited exceptions to Section 26(c) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(e) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(f) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(g) Injunctive and Declaratory Relief. Except as provided in Section 26(d) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(h) Class Action Waiver. YOU AND CLIENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(i) Severability. With the exception of any of the provisions in Section 26(h) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
27. General Terms.
(a) Reservation of Rights. MPL and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between MPL and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between MPL and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without MPL’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. MPL may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(c) Notices. Any notices or other communications provided by MPL under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(d) Waiver of Rights. MPL’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MPL. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
28. Contact Information. If you have any questions about these Terms or the Services (including all inquiries unrelated to copyright infringement), please contact MPL at:
Mobile Premier League Inc.
77 Sands Street, 6th Floor
Brooklyn, NY 11201
Annexure I -MPL Community Guidelines
We at MPL, are committed to providing a fun and safe environment for everyone explore various skill‑based digital games and range of content in the form of audio, video, text and/or image media etc.
These Community Guidelines (“Community Guidelines”) are incorporated into MPL’s Terms of Service and provide general guidance and overview of what is allowed and what is not allowed on the MPL Platform, and applies to all User Content. We have created these Community Guidelines in order to ensure that you help us to grow and protect the values that form the foundation of our community at MPL. These Community Guidelines reflect our principles and a common code of conduct for the MPL Platform.
We ensure that any violation of these Community Guidelines, either reported to us, or noted by us, shall be taken very seriously, reviewed by an internal team at MPL and appropriate actions shall be taken and may result into deleting such content, disabling/deleting of accounts, and other restrictions as deemed appropriate, or may even be reported to legal authorities if required. Any action or decision taken by MPL for violation of the Community Guidelines shall be at the sole discretion of MPL, without any liability to MPL.
At the outset, please note that any content including any communication / interaction of the following nature is prohibited and may warrant action from MPL and also for external law enforcement agencies:
- Sexually explicit content (including pornography) is prohibited on MPL, including any animated content of such nature. Such content is illegal in certain jurisdictions and may also attract action from law enforcement agencies.
- Users on MPL are required to meet minimum age requirements for use of the MPL app (as stipulated in our Terms). We also do not allow content that depicts or disseminates child abuse, child nudity, or sexual exploitation of children. Such content is illegal in certain jurisdictions and may also attract action from law enforcement agencies.
- We as a platform encourage everyone to create and share original content that does not infringe any intellectual property rights of anyone else. If we note that any User Content comprises of plagiarized or infringing content, we will be constrained to take such User Content down immediately.
- We do not allow content that encourages dangerous or illegal activities that risk serious physical harm or death.
- We do not allow content that is excessively gruesome or shocking, especially that promotes or glorifies violence or suffering or content intended to shock or disgust viewers or inciting others to commit violent acts. If you believe anyone is in imminent danger, you should reach out to your legal authorities to report the situation immediately.
- We do not promote any content intended to praise, promote, or aid violent organizations such as criminal organization or terrorist organization.
- We do not permit any content that encourages self-harm or suicide or that which encourages other users to take part in dangerous activities. However, this does not include content that provides support, resources, or coping mechanisms for those struggling with mental health issues or thoughts of self-harm or suicide. We encourage users who are struggling with thoughts of self-harm or suicide, or contemplating suicide, to immediately contact legal authorities or a suicide prevention hotline. If found to be necessary, MPL may also report risky behavior to relevant authorities, helplines or third party experts and block your access to MPL.
- We do not tolerate content or any communication between users that attacks or incites violence against an individual or a group of individuals on the basis of certain attributes. We do not condone any communication between users that includes hate speech, content promoting violence or hatred against individuals or groups based on any of the following attributes: age, disability, ethnicity, gender, nationality, race, immigration status, religion, sex, sexual orientation, veteran status. Any such action may result in immediate blocking of the perpetrators’ account.
- We deeply understand the psychological distress that abusive content can have on individuals, and we do not tolerate abusive content or behavior on our platform. Users should feel safe to express themselves responsibly without fear of being shamed, humiliated, bullied, or harassed. Content that threatens individuals is not allowed on MPL. We also do not allow content that targets an individual with prolonged or malicious insults based on intrinsic attributes, including their group status or physical traits.
- We do not allow content that is intended to deceive or mislead any of our users including activities such as spamming, impersonation, and disinformation campaigns
- We do not allow users to impersonate other individuals or organizations in order to deceive the public. If we learn of incidents of impersonation, we remove the violating accounts
- We prohibit the trade, sale, promotion, and use of certain regulated goods, as well as the depiction or promotion of criminal activities. Some content may be removed if it relates to activities or goods that are illegal or regulated in the majority of the region or world, even if the activities or goods in question are legal in the jurisdiction of posting.
- Revealing or threatening to reveal personally identifiable information can cause serious emotional distress and lead to real-world harm. If someone posts your personal information without your consent, please report this to MPL so that we can take necessary action.
ACTIONS THAT WILL BE TAKEN IF YOU POST ANY CONTENT THAT VIOLATES THE COMMUNITY GUIDELINES
If you see something that you think may violate our Community Guidelines, please help us by reporting the same on our reporting option available on the users’ profile. We will review these reports internally and will work as quickly and as efficiently as possible to remove content that does not meet our Community Guidelines, or take actions appropriate for such content after review. Please help us by providing as much information as possible, such as links, usernames, and descriptions of the content, so we can find and review it effectively.
We also take intellectual property infringement complaints very seriously. If you come across any content that you feel may be infringing any intellectual property, please report to us at the earliest and we shall review such complaint as quickly as possible. While doing so, we request you to provide us as much information as possible such as the reason why you feel the content infringes any intellectual property.
We may work with law enforcement whenever necessary, including when we believe that there’s risk of physical harm or threat to public safety.
Part II – Playing safely and responsibly on the MPL Platform
- MPL recommends that Users adopt a balanced approach while engaging with any of Services and safeguard themselves against any adverse effects and to use the Services responsibly
- The Users should take standard health and safety precautions using the Services, including taking adequate breaks, sitting at a reasonable distance from the screen, playing in a well-lit environment, and avoiding playing when tired, drowsy, intoxicated etc.
- Avoid playing without breaks over long periods of time as this could affect your performance and could negatively impact hand-eye coordination, balance etc.
- The Services may contain flashing lights, realistic images, patterns and simulations which may cause certain side effects. If your hands, wrists, arms, eyes or other parts of Your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest before playing again and seek medical attention, if necessary.
- While using the Services, give yourself plenty of room to play and always be aware of your surroundings. Never handle sharp or dangerous objects while using the Services.
- Please note that it is your responsibility to be mindful of your surroundings and movements at all times when using the Services and MPL will not be liable for any failure on your part to do so.