MONEYLINE

TERMS OF SERVICE © 2017

MONEYLINE, LLC

1. ABOUT THE APP

By creating a MoneyLine Account, downloading the App, or participating in any MoneyLine Service, including, without limitation, participating in the free-to-play or paid entry, Users: (i) acknowledge that they have read and agree to be bound to and abide by these Terms; (ii) accept and agree to all obligations, and rules for each Contest in which they participate; and (iii) represent and warrant that they are authorized and able to accept these Terms. MoneyLine may also issue additional terms, rules and conditions of participation in particular Contests, which are expressly incorporated by reference. Users agree to be subject to them if they participate in such Contests. If a User does not wish to be bound by the Terms, the User must not download, access or use the MoneyLine Service. By declining to accept these Terms, the User will be unable to create an Account or participate in the MoneyLine Service. MoneyLine reserves the right to change these Terms at any time without prior notice to Users. Users’ continued use of the MoneyLine Service following such changes constitutes acceptance of such changes. If Users do not agree to the changes, their sole remedy is to cease using the MoneyLine Service. If Users breach any of the Terms, their authorization to use the MoneyLine Service automatically terminates.

(a. General) MoneyLine is a game of skill mobile application for iOS that allows users to make “picks” in order to receive real money via PayPal or a payment through another means specified by the app, MoneyLine, or as specified by MoneyLine, LLC. Picks are defined as any sports-related or non-sports related choice that is available to select on the MoneyLine mobile app homepage. After increasing one’s in-app balance to an amount of $25.00 or higher, the winnings tab will have a working cash out method instead of displaying a notification upon a user’s cash out attempt. Users will be required to enter in a valid email address associated with that user’s personal PayPal account.

(b. Picks) Picks are made at the discretion of MoneyLine, LLC’s staff. These picks are subject to change at MoneyLine, LLC’s staff sole discretion. Once a user makes a pick, that pick is locked at the beginning of sporting event associated with that pick. Otherwise, the pick will be locked at the discretion of MoneyLine, LLC and MoneyLine, LLC’s staff. Picks are noted as correct or incorrect after the game has fully ended, in accordance with the official time specified by the sports entity associated with that pick (i.e. NFL, NBA, etc.). If a change is made by a sports entity that affects a pick after the game time’s official ending, picks are subject to change to correct or incorrect and may affect your streak for better or worse. MoneyLine, LLC also has full discretion to decide the outcome of a game based on our own outlook of the game, prop, or other.

(c. Streak) Correct picks will increase a user’s current streak by one, unless other specified within the MoneyLine app. By increasing one’s streak a user may be able to increase their rewards to claim.

A user can lose their streak one of four ways: (1) a user does not make a pick during a day before all the picks have started in relation to the associated sport (if the picks are in progress) OR (2) a user picks incorrectly. In the case that a user loses their streak, that user’s streak is reset back to zero. The MoneyLine app may or may not offer a chance to remedy a missed pick. (3) A user’s streak can also be reset by the MoneyLine staff if there is any suspicion of fraud. (4) If at any time fraud or misuse of the app is suspected, MoneyLine can decrease users’ streaks and suspend their account/put a hold on all winnings. If there is any issue/bug with the MoneyLine app that could be manipulating users’ streaks, MoneyLine Winnings, or deposited balance in any way, the MoneyLine staff may decrease users’ streaks and put a hold on all MoneyLine winnings. MoneyLine reserves the right to withhold all MoneyLine Winnings at their own discretion.

(d. Rewards) Reward levels increase as a user’s streak increases. When a user reaches a threshold for a specific reward, that user will be able to claim that reward. That reward will no longer be available once a user guesses a pick incorrectly. Rewards will also change once a user reaches the next highest threshold. Users can lose a streak if they do not make a pick during a day before all the picks are in progress.

Users will not be able to claim rewards if they have a current pick that is in progress. The user must wait until all in progress picks are no longer in progress. If any of the in progress picks are incorrect, that user’s streak will be reset. If at any time fraud or misuse of the app is suspected, MoneyLine can decrease users’ streaks and suspend their account/put a hold on all winnings. If there is any issue/bug with the MoneyLine app that could be manipulating users’ streaks, MoneyLine Winnings, or deposited balance in any way, the MoneyLine staff may decrease users’ streaks and put a hold on all MoneyLine winnings.

Rewards are subject to change at any time at the discretion of MoneyLine, LLC. For reward changes because of colored chips please see section “h.”

(e. Refer) Referrals are completed by the user. For the purpose of clear explanation in this paragraph, assume user A is the referrer and user B is the referee. User A who refers user B will not be rewarded until user B downloads the mobile app and creates an account. User B will not be rewarded. If user B for any reason does not download the app or create the account in relation to user A’s referral code and link sent, user A and user B may not be rewarded.

(f. MoneyLine Chips) MoneyLine Chips are used to buy power ups. Users can receive MoneyLine Chips on the earn page, by increasing their streak, or by buying via In-App Purchases.

(g. Power-Ups) Power-ups are used to help users increase their streak. The “Cancel Bet”, “Double Down”, “Late to the Party”, and “Increase Streak” power ups are to only be used once per streak. If at any time fraud or misuse of the app is suspected, MoneyLine can decrease users ‘chips and suspend their account/put a hold on all winnings. If there is any issue/bug with the MoneyLine app that could be manipulating users ‘streaks in any way, the MoneyLine staff may decrease users’ chips and put a hold on all MoneyLine winnings.

(h. Deposits and Colored Chips) Users have the ability to deposit money into the app and buy different chips. Each chip increases the payout structure for the user’s streak. The Chips can only be used when the user is at a streak of 0 and the user has not made a pick. All power ups are disabled when a user is using a colored chip. When the user is using a colored chip and loses their streak, all power ups are enabled again and the payout structure goes back to the free payout structure. As soon as money is deposited into the user’s account, it cannot be taken out. The user must use it on the chips and earn winnings above $25 to cash out. If at any time fraud or misuse of the app is suspected, MoneyLine can decrease users’ streaks and suspend their account/put a hold on all winnings. If there is any issue/bug with the MoneyLine app that could be manipulating users’ streaks, MoneyLine Winnings, or deposited balance in any way the MoneyLine staff may decrease users’ streaks and put a hold on all MoneyLine winnings.

2. FRAUD AND USE

(a. Fraud) Fraud can be defined as the following: (1) Artificially increasing one’s balance or streak through a third party program or any other way. (2) Exploiting the submission to submit multiple gift cards or payments. (3) Implementing any third party program while using the app, MoneyLine. (4) Submitting the form for multiple gift cards or payments. (5) Using different forms of identification in an attempt to receive multiple gift cards or payments. (6) Using more than one email address in an attempt to receive multiple gift cards or payments. (7) Artificially increasing one’s balance or any in-app currency in any way. (8) Artificially increasing one’s streak, any in-app currency, MoneyLine Winnings,or deposited balance in any way.

Any form of fraud will result in the user not receiving payment, or a loss of streak. Any suspicion of fraud will result in the user not receiving his or her payment and could result in a loss of streak. Any suspicion of fraud may result in account suspension. Each user NOT involved with fraud is allowed unlimited payouts.

Any attempt to engage in fraud and/or illegitimately earn a gift card or PayPal payment will be considered theft. Users who commit any fraudulent act may be punished by the highest degree permissible by law.

(b. Use) Users across the United States, Canada, Australia, and the United Kingdom are permitted to use the mobile app and receive payment. All other countries in the world are permitted to use the mobile app, but for recreational purposes only. Any payments may not be sent to users in any other country than those listed.

3. PAYMENT

(a. Cash Outs & Payments) Cash outs are processed via PayPal when, and only when, a user increases his or her in-app balance to an amount greater than $25.00. PayPal payments may be made immediately. In some cases, PayPal payments may take longer to be processed. Users may have to change settings within PayPal to accept payments and it is the user’s sole responsibility to manage their PayPal settings to ensure they are paid by MoneyLine, LLC. Additionally, cash outs that are larger than $200.00 will be reviewed by the MoneyLine, LLC staff before being sent out to any user. If there is any issue/bug with the MoneyLine app that is manipulating users balance in an incorrect way, the MoneyLine staff may decrease users balances at their discretion.

MoneyLine, LLC is in no way responsible for any payment once sent via mail or processed through PayPal. For any reason that your payment is not sent to you, you will not be notified that you will not receive your gift card or payment, nor will you receive any email. If we receive any form of contact from a user whom did not receive his or her gift card or payment, we are in no way obliged to answer or respond in any way.

For any reason a user does not receive their PayPal payment, eGift card, or their gift card code does not work, there are no refunds. We will not send users a second card.

Larger payments, above $200.00, may have to be split up in payment arrangements that are financially feasible to MoneyLine, LLC. Payment arrangement amounts and dates are set at the sole discretion of MoneyLine, LLC. Payment arrangement amounts and dates may be different for different users. By using MoneyLine, LLC, you agree that you may be subject to be paid in payment arrangements that are created by MoneyLine, LLC.

(a. Tax) Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. Prize winners will be issued a 1099 tax form for the actual retail value of prize.

All users must complete a form of verification if their payout is at or greater than a taxable amount. This may include the need to provide a social security number and other information. Please see our privacy policy on how this information is collected and used. Failure to complete this form and return the form to MoneyLine within 30 days of receiving that form will result in forfeiture of any size balance that user was attempting to cash out.

You may request a Withdrawal from Your available balance in Your Account at any time when your MoneyLine winnings is above $25 via PayPal. All withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. There may be a charge if you are not located in the US. To withdraw You must provide Your first and last name, address, e-mail address and payment account information. MoneyLine, at its sole discretion, may request additional information to ascertain the validity of a redemption request and Your identity. Withdrawal payments will not be made until such information is received; if We have not received the information within ten (10) days, the redemption request will be cancelled and the Account in question may be suspended.

The processing of requested redemptions back to Your PayPal account may take up to five (5) business days; provided, however, MoneyLine reserves the right to freeze Your Account and/or delay a request for redemption pending completion of any investigation of reported or suspected abuse by a User requesting redemption, and/or compliance with all applicable Federal and State laws and regulations including but not limited to the Bank Secrecy Act, the Patriot Act and IRS regulations. If You do not receive Your redemption within five (5) business days, please contact customer support at support@MoneyLineapp.com.

Any prizes that are mistakenly credited as winnings to Your User Account remain Our property and will automatically be deducted from Your User Account upon confirmation of the error. Any winnings mistakenly credited to Your User Account that have been withdrawn by You before confirmation of the error will constitute a debt owed by You to Us in the amount of such wrongfully attributed winnings. In the event of a contest, Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time for any reason.

5. APP CHANGES

The payout structures, amounts, payout threshold, and any activity related to payouts offered are subject to change. By accepting our terms of service, you agree to this possible sudden change.

Any concept of MoneyLine LLC is subject to change. Furthermore, any third party pressure that forces us to change our policy, we must comply. By accepting our terms of service, you agree to this possible sudden change.

6. APPLE AFFILIATION

(a. Payments) PayPal payments are in no way affiliated with Apple. Additionally, the process of giving out the payment is in no way affiliated with Apple.

(b. Store) The app itself, MoneyLine, is hosted on the app store. Apple has the ability to remove the app from the app store. In the event that MoneyLine is completely removed from the App Store, MoneyLine, LLC may stop all payment and app activity.

7. ELIGABILITY

To be eligible to create an Account and become a registered User, participate in contests, or win prizes offered by MoneyLine, You must, at the time of registration: (i) be at least eighteen (18) years of age or you must be at least nineteen (19) years of age at time of account registration if you are a legal resident of Alabama or Nebraska or twenty-one (21) years of age if you are a legal resident of Massachusetts; (ii) be physically located in any of the fifty (50) states and Washington, DC excluding Arkansas, Iowa, Louisiana, Michigan, Montana, South Carolina, Tennessee, Vermont, Florida, Arizona, Colorado and Washington (the “Excluded States”) (the “Jurisdiction”) in which participation in the Service and the Contests offered thereon is unrestricted by law; and (iii) at all times abide by these Terms. You are subject to the laws of the Jurisdiction in which You reside and/or from which You access the MoneyLine Service. Legal residents of the Excluded States are eligible to open and maintain accounts on MoneyLine for use only in contests that do not require paid entry. Access to the MoneyLine Service and the Contests offered thereon may not be legal for some or all residents of, or persons present in, certain Jurisdictions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

To be eligible to enter any contest or receive any prize, the Registered User may be required to provide MoneyLine with additional documentation and/or information to verify the identity of the Registered User, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of a Registered User, MoneyLine will, in its sole and absolute discretion, utilize certain information collected by MoneyLine to assist in verifying the identity and/or eligibility of such Registered User.

MoneyLine makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the MoneyLine Service or that the Contests provided through Our Service are appropriate or available for use in the Jurisdiction in which You are located, nor shall any person affiliated, or claiming affiliation, with MoneyLine have authority to make any such representations or warranties. We do not intend for the MoneyLine Service or any offerings made available thereon to be used by persons present in Jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the MoneyLine Service does not constitute an offer, solicitation or invitation by Us for the use of the MoneyLine Service in any Jurisdiction in which such activities are prohibited or restricted. If You choose to access Our Service, You do so at Your own risk. You hereby agree that We cannot be held liable if laws applicable to You restrict or prohibit Your participation. If You open an Account and/or participate in the Contests made available in the MoneyLine Service while located in a Jurisdiction that prohibits such activities, You will be in violation of the law of such Jurisdiction and these Terms, and subject to having Your Account suspended or terminated.

These Terms prohibit entering a Contest if the entrant is:

Except as otherwise stated in the Eligibility section above, Employees, officers, directors, investors, agents, and representatives of MoneyLine or any of its parents, subsidiaries or affiliates, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such are NOT eligible to win prizes. Such persons may, however, use the MoneyLine Service, and will from time to time do so for the purpose of testing the Website and/or App, evaluating user experience and Contests, socializing and competing with customers to build community, and other reasonable and fair uses at the sole discretion of MoneyLine. If such persons are deemed to be winners, any prizes won will be forfeited. MoneyLine consultants or promoters of the MoneyLine Service may play in the Contests without such limitation, but only if (i) their arrangement with MoneyLine does not permit them to have any access to non-public MoneyLine Service data or any other data not made available to all Users on the MoneyLine Service that may impact contest outcome and (ii) they do not receive any other unfair advantages in their play in the Contest. MONEYLINE RESERVES THE RIGHT TO DENY ACCESS TO THE MONEYLINE SERVICE TO ANYONE AT OUR SOLE DISCRETION.

In addition, conduct that would be deemed improper also includes, but is not limited to:

Falsifying personal information required to enter a Contest or claim a prize; Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize; Colluding with any other individual(s) or engaging in any type of syndicate play; Any violation of rules or the Terms of Use; Using a single Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest; Using automated means (including but not limited to scripts and third-party tools) to interact with the App in any way; Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the App or of any User for any purpose; Any type of bonus abuse, abuse of the refer-a-friend program, or abuse of any other offers or promotions; Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with the MoneyLine service; Obtaining other entrants information and spamming other entrants; or Abusing the App in any way. Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent MoneyLine from pursuing criminal or civil proceedings in connection with such conduct. By accessing or using the MoneyLine Service, You represent and warrant that You are at least eighteen (18) years of age, have the right, authority and capacity to enter into this Agreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the MoneyLine Service. If You do not meet the eligibility requirements of this section, then You are not authorized to use the MoneyLine Service. MoneyLine reserves the right to verify Your age, identity and eligibility at any time. This includes requesting that You provide proof of identity documentation such as drivers license, passport or birth certificate. Any failure to cooperate with MoneyLine in this respect may result in the suspension and/or termination of Your Account. To the extent MoneyLine requests proof of identity and You fail to do so within seven (7) days, or MoneyLine otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that MoneyLine may have in law or equity, MoneyLine reserves the right to terminate Your Account and withhold or revoke the awarding of any prizes associated with such Account.

By inputting a payment method to buy coins, the registered User hereby affirms that the registered User is the lawful owner of the payment method account used to make any deposit(s). It shall be a violation of these Terms of Use for any registered User to submit payment using any payment method that is not owned by the registered User.

7. CHEATING

MoneyLine endeavors to host fair contests/services and exercises reasonable efforts to create a level playing field and to detect and prevent cheating. Notwithstanding such efforts, there will be Users who attempt to cheat and MoneyLine does not guarantee that all such instances of cheating will be detected or prevented. Users therefore acknowledge and agree to participate in the Contests/ MoneyLine Services at their own risk. If MoneyLine suspects that a User is violating these Terms, including, without limitation, committing any of the following actions, MoneyLine reserves the right to terminate the infringing User’s User Account and ban such individual from future participation in the Contests without notice, forfeiture of winnings, and take any other actions in accordance with applicable state and federal laws:

Using or attempting to use automated tools, script software, bots, or other unauthorized software, hardware, or modifications to simulate a User or otherwise obtain an advantage over other Users;

Exploiting vulnerabilities or glitches in the Contests;

Directly or indirectly disabling, circumventing, or otherwise interfering with the operation of software designed to detect or prevent cheating; or

Colluding with a User who is using unauthorized software, hardware, or modifications to obtain an advantage over other Users;

The foregoing actions shall constitute a material breach of these Terms for which offending Users will be liable to MoneyLine for any resulting damages. You acknowledge and agree that We shall not be responsible or liable for cheating that is not detected or prevented or for any resulting losses related thereto.

8. WINNERS

The results and winners of each Contest/MoneyLine services will be determined by Us at Our sole discretion and such determinations are final. Winners will be notified by e-mail or other means of communication available including in-app messages once the final results of a given Contest/Services are determined. Once winners are initially announced by MoneyLine. We reserve the right to make adjustments. Any decision by MoneyLine as to the winner(s) of a Contest shall stand as a final and binding decision. MoneyLine has no obligation to delay the awarding of a prize in anticipation of any adjustment, but We reserve the right to reverse payment in the event of any adjustment. By registering an Account and/or participating in any Contest, You unconditionally agree that MoneyLine shall serve as the sole judge and arbiter as to the determination of a winner(s) in all Contests/MoneyLine services in the event a dispute arises and agree to cooperate with Our efforts to reverse prizing, as necessary.

MoneyLine also reserves the right to cancel contests, in our sole discretion, without any restrictions.

MoneyLine, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct MoneyLine deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms of Use. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent MoneyLine from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.

If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of MoneyLine corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), MoneyLine reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site. MoneyLine may also decrease or end a users streak or take away any MoneyLine winnings that are associated with any MoneyLine issue.

The failure of MoneyLine to comply with any provision of these Terms due to an act of God, for example hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of MoneyLine (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.

10. TAXES

MoneyLine’s prize winning Users may be required via e-mail or U.S. Mail to receive and return an executed affidavit of eligibility, a liability release and, where lawful, a publicity release (collectively, the “Affidavit”) and/or appropriate tax forms within seven (7) days of notification. By participating in the Contest within the Service, You agree to receive via e-mail or U.S. Mail and return an executed Affidavit and/or appropriate tax forms, as applicable, and You agree that if such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if You are not in compliance with these Terms, the prize will be forfeited.

By participating in the Contests within the Service, You agree that all tax liability relating to Your receipt of a prize are the sole responsibility of You. It is the policy of MoneyLine, in compliance with United States Internal Revenue Service (IRS) regulations, to send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 USD on the Service in any given year. If You have thus won a cumulative net profit of $600 USD or more in a calendar year, You will be contacted by MoneyLine and required to submit Your residential address and tax ID number (social security number). If You have a cumulative net profit of $600 USD or more in a calendar year, You will be prevented from redeeming until this requested information is received by MoneyLine.

You, not MoneyLine, are responsible for filing and paying applicable state and federal taxes on any winnings. MoneyLine does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice. By participating in the Contests within the Service, You agree that if You are contacted by MoneyLine, You will immediately provide Your residential address and tax identification number (i.e., social security number) as MoneyLine will need these details in order to file a IRS Form 1099. MoneyLine reserves its right to request any other information from You necessary for MoneyLine to submit a IRS Form 1099 to the IRS. Depending on the Jurisdiction in which You reside, the Service may also send You additional, similar tax forms. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in Your Jurisdiction of residence. MoneyLine will attempt to contact the prize winning User through e-mail and U.S. Mail to obtain the necessary information. However, if MoneyLine fails to contact the prize winner and obtain the required information after one (1) year, the prize winner forfeits the funds to MoneyLine.

MoneyLine warrants and represents that all personal information, including, but not limited to Your social security number, will be maintained in confidence and used solely for the purposes of submitting the 1099-MISC form to the IRS.

11. DEPOSITS AND WITHDRAWALS

By depositing funds, you agree to provide us with any information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your account is pending verification, you may be able to deposit funds into your account and participate in contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.

We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.

Deposits, and player winnings, are held in a separate, segregated account. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and MoneyLine may not use them to cover its operating expenses or for other purposes.
MoneyLine may limit the amount a user can deposit into his or her account in accordance with state-imposed deposit limits.

In cases where you have participated in a promotion to receive a bonus or other benefit, you may be required to play through your deposit (by entering contests) whose total entry fees equal the value of the deposit to receive the entirety of such bonus or other requirements as may be specified for each promotion.

12. CONDUCT ON SERVICE

Users agree not to use the MoneyLine Service for any unlawful purpose or for any purpose that is prohibited by this Agreement. Users further agree not to:

Engage in any illegal activity, including gambling, or the planning of any illegal activity;

Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates the law or the rights of MoneyLine, its Users, or any third-party;

Threaten, harass, abuse, or otherwise intimidate any User(s);

Send or cause to be generated any unwanted e-mail to any User(s);

Inflict or cause to be inflicted in any manner whatsoever software viruses or any other code designed to interrupt, destroy, limit, or otherwise affect the functionality of any software or hardware or telecommunications equipment associated directly or indirectly with the MoneyLine Service;

Employ any automated means, including, without limitation, bots, scrapers, or spiders to access or participate in the MoneyLine Service for any purpose;

Using any artificial means to alter a User’s position in the Contests; Improperly using support or complaint features of the MoneyLine Service or making false reports to MoneyLine;

Use the MoneyLine Service for any purpose other than that which is authorized in this Agreement or in a manner that violates any laws including intellectual property laws;

Seek to or in any way assist others in obtaining Account, password, or personal information from any User(s);

Create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication;

Creating more than one (1) Account;

Selling or transferring an Account or any attributes related thereto; or

Engaging in any other activity deemed by MoneyLine to be in conflict with the spirit or intent of this Agreement.

Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any MoneyLine user;

create or submit unwanted email (“Spam”) to any other MoneyLine users;

submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;

post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;

use artificial means, including creating multiple user accounts, to inflate your position and standing with the MoneyLine leader boards and community;

use unauthorized scripts; all authorized scripts will be made available through the Service prior to game entry; advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;

sell or otherwise transfer your profile;

attempt to influence the play in any sporting event from which athletes are available for selection in MoneyLine contests on MoneyLine in which you are involved or in which you have a direct or indirect interest;

enter into contests, by any means including multi-accounting, for which you are ineligible (e.g., beginner contests when you are not a beginner).

Any use of the MoneyLine Service in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, Account suspension and/or termination, prohibition from using the MoneyLine Service, and/or legal action. Users understand that any attempt to deliberately damage the MoneyLine Service or undermine any Contest may also be a violation of criminal and/or civil laws and MoneyLine reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If Users wish to report any abuses, inappropriate online conduct, or a violation of this Agreement, please forward all evidence of the same to support@MoneyLineapp.com. Please report responsibly.

13. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Initial Dispute Resolution

Users agree to work with MoneyLine in good faith to resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out of or relating to this Agreement or their use of the MoneyLine Service before escalating the Dispute to binding arbitration or litigation, as addressed below. Users must give MoneyLine an opportunity to resolve the Dispute by sending written notification to support@MoneyLineapp.com with the subject line “DISPUTE”. The written notification of Dispute must include: (i) the User’s name and address; (ii) a written description of the Dispute; and (iii) a description of the specific relief the User seeks. The parties agree to use their best efforts to resolve Disputes using this Initial Dispute Resolution process.

Binding Arbitration

By entering into this agreement, You agree that all Disputes between You and MoneyLine that cannot be resolved through MoneyLine’s Initial Dispute Resolution procedure shall be resolved exclusively and finally by binding arbitration conducted before a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and expedited hearing procedures. TEXCEPT AS OTHERWISE PROVIDED BELOW, NO DISPUTE MAY BE BROUGHT AS A CLASS ACTION AND YOU DO NOT HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION WITH RESPECT TO ANY DISPUTE.

You further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding on You and MoneyLine and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator.

Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. USERS AND MONEYLINE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Litigation of Intellectual Property and Small Claims Court

Notwithstanding the parties’ decision to resolve all disputes through binding arbitration, either party may bring an action in a state or federal court l to protect or enforce intellectual property rights. Intellectual property rights include patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt Out

YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). The written notification must include (i) the User’s name and address and (ii) a clear statement that the User does not wish to resolve disputes with MoneyLine through binding arbitration. A decision to opt-out of these provisions will have no adverse effect on the User’s relationship with MoneyLine. If Users opt-out of these provisions, MoneyLine also will not be bound by them. ANY OPT-OUT REQUEST RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND USERS MUST PURSUE THEIR DISPUTE THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT.

14. UPDATES

Please note that this Terms of Service is subject to change. Please visit http://www.moneylineapp.com for the most updated version of our Terms of Service.

By using MoneyLine, you agree to our Terms of Service.