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Fantazzy Terms of Use

Last Revised: December 3, 2025

IMPORTANT NOTICES:

THIS AGREEMENT IS SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS AND BINDING ARBITRATION AS DETAILED IN SECTION 21. THIS AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND THRILLZZ.

AS DETAILED IN SECTION 11: WE RESERVE THE RIGHT TO: (A) SET MINIMUM AND MAXIMUM DEPOSIT LIMITS; AND (B) LIMIT
THE AMOUNT YOU CAN WITHDRAW PER DAY AS WELL AS LIMIT THE NUMBER OF WITHDRAWLS YOU CAN INITAITE PER DAY. IN ADDITION, AS DETAILED IN SECTION 12, IF YOUR ACCOUNT IS DEEMED BY US AS INACIVE WE WILL CHARGE YOU AN ADMINISTRATION FEE.

On the website www.thrillzz.com (and all related subdomains) (the “Site”) and/or the Thrillzz mobile application (the “App”), Thrillzz offers Fantazzy skill based contests (the “Fantasy Contests”). These Fantazzy Terms of Use, the Fantazzy  House Rules, the Fantazzy Responsible Play Policy and any additional terms, including, without limitation, any other rules, policies, notices and conditions of participation which relates to the Fantasy Services that are posted on or through the Site, App  or the Fantasy Services or that are otherwise communicated to you, as may be amended from time to time (collectively the “Terms”) form a  legally binding agreement between you (“you” or “your” or the “user”) and Thrillzz Inc. and its affiliates including Geckos Games Ltd (“Thrillzz”, “we”, “our” or “us”).

The Terms govern your access and use of the Fantasy Contests and all related online and offline services thereto (collectively, the “Fantasy Services”). The Fantasy Contests provided on the Site and App are offered and operated by Thrillzz Inc., using software developed by Geckos Games Ltd.

The Fantasy Contests are structured and are intended to constitute contests of skill. Participation in each Fantasy Contest requires participants to apply their expertise and understanding of relevant performance data. Prize values and awards are predetermined and disclosed prior to the commencement of each Fantasy Contest. Entry into any paid Fantasy Contest requires payment of a fixed entry fee. The value of prizes is not influenced by the number of participants or the total amount of entry fees collected. Winner(s) are determined strictly in accordance with the criteria set forth in the Terms.

The Fantasy Services are not to be used for any form of gambling, wagering, sports betting, or other games of chance. By accessing and using the Fantasy Services, you expressly acknowledge and agree that the Fantasy Services which includes without limitation Fantasy Contests do not constitute gambling, wagering, sports betting, or any other game of chance. You further agree not to assert, and not to permit any third party to assert on your behalf, any claim or position to the contrary.

  1. Acceptance of Terms

BY USING OR OTHERWISE ACCESSING THE FANTASY SERVICES, OR TAKING ANY ACTION TO ACCEPT OR AGREE TO THESE TERMS WHERE THE OPTION IS MADE AVAILABLE, YOU, YOUR HEIRS, AND ASSIGNS (COLLECTIVELY, “YOU” OR “YOUR”) AGREE TO BE BOUND BY THE TERMS AND THE PRIVACY POLICY.

  1. Modification to Terms

Except for Section 21 providing for binding arbitration and a waiver of class action rights, Thrillzz reserves the right, at its sole discretion, to modify or replace the Terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Any changes will be incorporated into the Terms and you should check the Terms periodically for updates. We will alert you about any changes by updating the “Last Revised” date of these Terms. If we determine a revision to the Terms, in our sole discretion, is material, we will notify you as required by law. Changes will be effective immediately unless otherwise provided. Use of the Fantasy Services by you following such modification constitutes your acceptance of the Terms as modified.

  1. Eligibility

You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms.

Access to and use of the Fantasy Services is available only to natural persons who are legal residents located in the states of the United States who are: (i) at least19 or 21 years of age (as specified by state laws  which apply to you with respect to the use of the Fantasy Services or as determined by us); or (ii)   the age of majority in their jurisdiction, whichever is higher, and can form legally binding contracts under applicable law. When accessing the Fantasy Services, making a deposit and/or withdrawal, or attempting to enter a Fantasy Contest, you must  not be physically located in any of the following states: Alabama, Arizona, Colorado, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Louisiana, Maine, Maryland, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Virginia and Washington.

Employees and former employees (less than 3 years since cessation of employment) of Thrillzz, any of its respective affiliates including Geckos Games Ltd, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Fantasy Services and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) and household members (people who share the same residence at for least 3 months of the year) may only use the Fantasy Services for the purpose of testing the end-user experience, but may not make any deposits and/or withdrawals in any form. Thrillzz consultants or promoters of the Fantasy Services may use the Fantasy Services without such limitation, but only if (i) their arrangement with Thrillzz does not permit them to have any access to the source code underlying the Fantasy Services and (ii) they do not receive any other advantages in their participation in the Fantasy Services. By using or otherwise accessing the Fantasy Services, you represent and warrant that you are eligible.

Without limitation, professional league and collegiate (collectively, “League and Collegiate”) athletes, players, coaches and other team management, team support personnel (e.g., without limitation, team physicians) and team owners may not use the Fantasy Services. League and Collegiate team owners, referees, employees, commissioners, and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.

Thrillzz is not affiliated with or sponsored by any professional sports league or university, including those within the definition of League and Collegiate above.

By using or otherwise accessing the Fantasy Services, you are further representing and warranting that:

  • you are a natural person of at least 19 or 21 years of age (as specified by state laws which apply to you or as determined by us with respect to the use of the Fantasy Services) or the age of majority in your jurisdiction, whichever is higher, who is personally assigned to the email address and/or other information submitted in relation to your account;
  • you are physically located in a state of the United States in which no portion of your use of the Fantasy Services is prohibited by applicable law;
  • you will abide at all times by these Terms, regarding your use of the Fantasy Services;
  • the name on your bank account, credit card, and other payment and redemption information provided matches the name on your account;
  • you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.
  • you do not, by virtue of affiliation with Thrillzz or a service provider, have access to source code underlying the Fantasy Services.

Thrillzz may require you to provide proof that you are eligible to participate according to this Section 3 at its discretion at any time. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Sections 4, 5 and 10 below).

If you do not meet the eligibility requirements of this Section, then you are not permitted to use the Fantasy Services and you agree that you will not use the Fantasy Services. If Thrillzz otherwise determines, in our sole discretion, that you do not meet or have otherwise violated the eligibility requirements of this Section, in addition to any rights that Thrillzz may have in law or equity, Thrillzz reserves the right to terminate your account. In such a situation, Thrillzz may pay out any withheld or revoked prizes to the other participants in the relevant Fantasy Contest in a manner consistent with the prize structure of the Fantasy Contest to be precisely determined by Thrillzz in its sole discretion. Thrillzz also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.

  1. Conditions of Participation

In order to use the Fantasy Services, you are required to register for an account, unless you already have an open account with Thrillzz in which case you may use your current account to use the Fantasy Services. Many portions of the Fantasy Services require registration for access (the “Restricted Areas”). By registering for an account, you agree to: (i) provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”); (ii) maintain the security and confidentiality of the Registration Data; (iii) promptly update the Registration Data to keep it accurate, current and complete; (iv) ensure that others do not use your account; and (v) notify Thrillzz immediately in the event of unauthorized use of, or any other breach of your Registration Data.

You may not use a username that promotes a commercial venture or a username that Thrillzz in its sole discretion deems offensive. Thrillzz may require you to change your username or may unilaterally change your username.

If you provide any Registration Data that is inaccurate, not current or incomplete, or Thrillzz has reasonable grounds to suspect that such Registration Data is inaccurate, not current or incomplete, Thrillzz may deny you access to areas requiring registration or terminate your account, at its sole discretion. You agree that Thrillzz is not liable for any loss or damage resulting from your failure to maintain the confidentiality of your account as provided herein. Thrillzz may assume that any communications Thrillzz receives under your password have been made by you. You are fully responsible for all uses of your account, whether by you or others. You acknowledge and agree that Thrillzz is authorized to act on instructions received through use of your Registration Data, and that Thrillzz may, but is not obligated to, deny access or block any transaction made through use of your Registration Data without prior notice if we believe in our sole discretion such information is being used by someone other than you, or for any other reason.

You may establish, maintain, use and control only one account on the Fantasy Services. Each account on the Fantasy Services may only be owned, maintained, used and controlled by only one individual. For avoidance of doubt, you may not “co-own” accounts on the Fantasy Services. In the event Thrillzz determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Thrillzz may have, Thrillzz reserves the right to suspend or terminate any or all your accounts and revoke the awarding of prizes.

You agree that your use of the Fantasy Services is for the sole and specific purposes of recreation and entertainment only. You may not use the Fantasy Services for other purposes (including, but not limited to, professional purposes) and may not use systematic methods to participate in Fantasy Contests, obtain entries to Fantasy Contests or obtain prizes. Thrillzz shall be entitled to suspend, limit or terminate your account, if we determine, in our sole discretion, that you are utilizing the Fantasy Services in a manner that does not comport with these Terms. In such circumstances, we may also report such activity to relevant authorities.

By providing an email address, you authorize Thrillzz to provide you with important announcements, relevant promotions, and other related communications relating to the Fantasy Services, consistent with the Thrillzz Privacy Policy. You may opt out of these communications at any time by following the instructions in our Privacy Policy.

You understand that there is a risk of losing money by participating in the Fantasy Contests, and that you are fully responsible for any losses incurred.

Thrillzz cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

In the event of any requests or orders from law enforcement agencies, judicial authorities, gaming regulators, tax authorities, or any other competent authority, we reserve the right to suspend your account, restrict access to the App, the Site and the Fantasy Services, and withhold any associated funds. Such actions may remain in effect until a final determination is made by the relevant authority, the conclusion of any criminal or legal proceedings, or as advised by our legal counsel.

The funds in your account are not insured, guaranteed, or otherwise protected by any governmental body, deposit insurance scheme, banking insurance system, or any similar protective mechanism.

  1. The Fantasy Contests

5.1 General. The Fantasy Contests offered by us are designed and intended to be contests of skill. For each Fantasy Contest, winner(s) are determined by the individuals who apply their expertise and understanding of relevant performance data and the Terms. Some Fantasy Contests are free to enter other Fantasy Contest require you to pay an entry fee to participate. For more information on Fantasy Contests which are free to enter please see Section 6.

To enter a Fantasy Contest, an eligible participant must download the App or access the Site (as applicable) and follow the instructions and guidelines on how to enter. To be able to participate in a Fantasy Contest which has an entry fee, your account must contain enough funds to pay the entry fee to participate in the Fantasy Contest. Entry fees vary from one Fantasy Contest to another.

All entry fees are made available prior to your submission of a Fantasy Contest lineup. It is solely your responsibility to review and understand the applicable rules and entry fees for each Fantasy Contest. When you decide to enter a Fantasy Contest and you complete the lineup submission process, the requisite entry fee will be debited from your account. Payments made by you are final and Thrillzz will issue no refunds.

You must meet all eligibility requirements, comply with the Terms and all other applicable rules in order to win a prize offered through a Fantasy Contest.

The values of all prizes offered to winner(s) are established and made known in advance of your participation in the relevant Fantasy Contest. Such prizes are not determined by the number of participants or the amount of any entry fees paid by participants. Winner(s) are determined by the criteria stated in the Fantazzy House Rules. Participants may select the amount of entry fee, with minimum and maximum entry fee amounts set by us.

Selections for a lineup with respect to a Fantasy Contest will be valid only after we accept such lineup. Any lineups made through your account and accepted by us will be valid even if you have not authorized such lineup. We are not liable for the settlement of any lineup we have not accepted.

You agree that if there is a discrepancy between any results showing in your account and our servers, the results showing on our server shall govern. You understand and agree that our records will be the final authority in determining such matters.

We reserve the right, in our sole and absolute discretion, to reject and limit the dollar amount an individual can select in any way.

In instances where there may be a direct conflict between these Terms of Service and the Fantazzy House Rules, the Fantazzy House Rules control to the extent of the conflict.

5.2 Selecting The Lineup. It is your responsibility to fully understand how to make your Fantasy Contest lineup selections and the terms of any choices that you make. Furthermore, it is your responsibility to fully read and understand the Fantazzy House Rules and any other applicable rules which relate to the Fantasy Contest. When you decide to enter a Fantasy Contest and you complete the lineup submission process, you agree to the terms of the Fantazzy House Rules. When making a selection to your lineup for a Fantasy Contest, you are responsible for ensuring that all of the details of your lineup are correct. Once you enter the lineup submission process for a Fantasy Contest, you cannot cancel that submission.

5.3 Lineup and Fantasy Contest Cancellation. We reserve the right (including without limitation after the Fantasy Contest has been completed), in our sole and absolute discretion, to refuse or cancel, in whole or in part, any lineup (this includes without limitation lineups made after the Fantasy Contest closed, where any event was resolved before the lineup was taken, where you could have an indication of the outcome, where the you did not have adequate funds in your account, or other failures, errors  (including without limitation any technical or human errors), manipulations, or fraudulent or dishonest activities, including if we have a reasonable suspicion that your identification or account has been compromised) or change the Fantasy Contest limits without notice, at any time.

Thrillzz reserves the right to cancel or void any Fantasy Contest at any time (including but not limited to during or after the Fantasy Contest has been completed) including without limitation , in the event of any error (whether human or technical).   In all such instances, Thrillzz will notify all participants of the cancelation or voiding (as applicable) and return his or her entry fee (except as explicitly provided in these Terms).

Fir the avoidance of doubt once you have submitted your lineup to a Fantasy Contest you will not be able to make any changes to the lineup including without limitation substituting athletes.

5.4 Daily Fantasy Contest Results. After each Fantasy Contest ends, the tentative winner(s) is announced but remains subject to final verification.

Once winner(s) are announced and prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors (whether human or technical) or irregularities in the transmission of information to us from our third party statistics provider or in our calculation of results.

5.5 Live Scoring, Statistics and Determination of Results. At our discretion we may provide you with real-time statistics during a Fantasy Contest or while selecting a lineup for a Fantasy Contest, please note that such data—including scores and other related information—comes from sources which are unofficial. In some Fantasy Contests, we may depend on external providers for live scoring updates of events. As a result, participants might experience delays or lack access to the most current data. These delays can create disparities among participants, especially if some have access to more timely updates. Additionally, intentional delays may be applied to in-play statistics to prevent lineup manipulation. Regardless of the cause, we disclaim any responsibility for delays and/or inaccuracies in live data or scoring.

At our discretion we may provide you with historical statistics for reference when selecting Fantasy Contest lineups. These statistics are sourced from third-party providers, and as such, may include inaccuracies or missing data. You are advised to conduct independent research when preparing a lineup for a Fantasy Contest. We disclaim any liability for decisions made based on historical statistics, regardless of any errors (whether human or technical) and/or omissions.

Any live scoring, statistical data, and/or related content provided, is intended solely for informational and entertainment use and does not influence the Fantasy Contest outcomes. Neither we nor our third-party data providers guarantee the accuracy, completeness, and/or availability of such live scoring, statistical data, and/or related content. We and our providers are not liable for any errors (whether human or technical), inaccuracies and/or omissions, or any resulting losses and/or issues arising from your reliance on the live scoring, statistical data, and/or related content.

In situations where a scoring error (whether human or technical), is identified during the course of a Fantasy Contest, at our discretion we may correct the error while the Fantasy Contest is still in progress. We reserve the right at our discretion to modify or adjust scoring or point allocations at any time prior to the crediting of any prizes associated with that Fantasy Contest.

Points will be awarded and Fantasy Contest results determined based on the data received from our third-party provider at the conclusion of each Fantasy Contest. Once points have been allocated and prizes issued, no changes will be made—even if the data feed is later updated or corrected. However, we reserve the right to make adjustments in cases where there are obvious errors and/or anomalies in the transmission of data from our provider or in our own result calculations. Adjustments may also be made in response to violations of these Terms. For more information regarding the scoring and points allocation system, please see the Fantazzy  House Rules.

In some cases, clear and obvious stat corrections posted by either our third-party data provider or the official statistics provider for the event or competition may be retroactively applied to entries and taken into consideration for determining how to score the Fantasy Contest at our sole discretion.

We are not obligated to delay prize distribution in anticipation of potential corrections, and we retain the right to reverse any prize if an adjustment is warranted. You agree to cooperate with any efforts we undertake to recover such payments. If there are insufficient funds in your account to cover the reversal of payout, we may demand that you pay us such outstanding amount and you shall immediately pay us such amount as requested by us.

In all disputes arising out of the determination of the winner the Fantasy Contest and/or any other dispute with regards to a Fantasy Contest, Thrillzz is the sole judge, and its actions and/or decisions are final and binding.

5.6 Errors. In the event of any technical or system problems, errors (whether human or technical) or any  system failure, that results in an error in any:

  • charges;
  • fees;
  • bonuses;
  • payout/odds calculation (which includes without limitation: (i) a lineup is accepted at odds/payouts that materially different from those available in the general market at the time the entry was made; or (ii) the odds/payouts are clearly incorrect given the chance of the event occurring at the time the entry was made including, in either case, because the entry was submitted after the start of an event, because the market was not displaying or reflecting in-play status, or because of any other reason); or
  • payout,

 

we will seek to place all parties directly affected by any such error in the position they were in before the error occurred (including without limitation if Thrillzz accepts an entry on a market for which the outcome has already been determined) and no prizes shall be provided in respect of it. We reserve the right to declare void, any lineups in a Fantasy Contest and/or the Fantasy Contest and to take any money from your account relating to the relevant Fantasy Contest fees.

If Thrillzz accepts an entry on a market where the incorrect teams are listed and/or listed in the incorrect order (i.e., over is listed as under or under is listed as over) Thrillzz reserves the right to void such entries, regardless of the outcome of the event and will seek to place all parties directly affected by any such error in the position they were in before the error occurred.

5.7 Prizes. The prizes available for each Fantasy Contest are determined and published at the time the Fantasy Contest is created.

We attempt to award and credit prizes to the relevant winner(s) accounts within 48 hours following final verification of the winner(s).

Winner(s) may be requested to return via email or regular mail a release of claims, an affidavit of eligibility, a publicity agreement and/or appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification.

No substitution or transfer of prizes is permitted except at our sole discretion. Prizes are non-transferable and may not be substituted, except as determined solely by us.

All Prizes are provided “as is,” without any express or implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose.

In the event that the awarding of any prizes to winners of the Fantasy Contest is challenged by any legal authority, Thrillzz reserves the right in its sole discretion to determine whether or not to award or adjust such prizes.

If we determine in our sole discretion that you have breached the Terms or any rules relating to a Fantasy Contest in any way, we may disqualify you from any Fantasy Contest which you entered. Any prizes awarded to you in connection with such Fantasy Contest will be forfeited, and you agree to fully cooperate with any efforts to reverse related payments. If there are insufficient funds in your account to cover the reversal of payments, we may demand that you pay us such outstanding amount and you shall immediately pay us such amount as requested by us.

All prizes will be credited directly to your account. Fractional amounts are rounded down to the nearest cent.

Any funds (including without limitation provided as real money winnings and any bonuses) mistakenly credited to your account remain our property and will be removed upon confirmation of the error. If such funds have already been withdrawn, they will be treated as a debt owed by you. You authorize us to request that your financial institution freeze, seize, or reverse any funds obtained through erroneous prize awards. Furthermore, if any funds are mistakenly credited to your account and there are insufficient funds in your account to cover such mistake, we may demand that you pay us such outstanding amount and you shall immediately pay us such amount as requested by us.

5.8 Disqualification. You shall only participate in the Fantasy Contests as specified in the Terms. Failure to comply with the Terms will result in disqualification and, if applicable, prize forfeiture or seizure.

If you engage in behavior or utilize information that we, in our sole discretion, consider inappropriate, unfair, disruptive to the integrity of the Fantasy Contest, or harmful to other participants, we reserve the right to disqualify you from the Fantasy Contest. This may include withholding any benefits or prizes, and/or demanding the return of any prizes already awarded to you. If we demand the return of any prize and there are insufficient funds in your account, we may demand that you pay us such outstanding amount and you shall immediately pay us such amount as requested by us.  

If there is a dispute regarding the identity of the person submitting a lineup in a Fantasy Contest, the lineup will be deemed submitted by the person in whose name the account was registered.

  1. Free to Participate Fantasy Contests

At our sole discretion, we may offer Fantasy Contests where no payment is required to enter  (“Free-Entry Fantasy Contests”), which may include real-money prizes, prizes of value, or promotional rewards, as determined by us in our sole discretion. For clarity, Free-Entry Fantasy Contests are considered Fantasy Contests governed by these Terms, except where expressly stated otherwise in this Section 6 or in the specific rules applicable to the relevant Free-Entry Fantasy Contests. To the extent that any provision of these Terms conflicts with the nature of free entry, such conflicting provisions shall not apply to the Free-Entry Fantasy Contest.

Eligibility for entry into Free-Entry Fantasy Contests will be determined by us and may vary depending on the Fantasy Contest or prize.

The number of lineups you can select to enter into Free-Entry Fantasy Contests is at our sole discretion and may vary. If you attempt to bypass these restrictions by using multiple accounts you will be disqualified and your accounts may be temporarily or permanently suspended.

  1. Promotions, Bonuses and Special Offers

We may from time to time offer promotions, bonuses or special offers from time to time which are subject to the Term and promotion-specific terms and conditions made available to you (“Promotion Terms”). In the event of a conflict between the Terms and the Promotion Terms (to the extent that the terms apply to a promotion, bonus or special offer (as applicable), the following order of priority shall apply: (i) Promotion Terms; and then (ii) the Terms.

Bonuses have no cash value and are non-transferrable. Furthermore, bonuses may only be used to play Fantasy Contests (where permitted by us) and cannot be withdrawn. We may vary or cancel any promotion, bonus or special offer at any time.

Unless otherwise provided in the Promotion Terms, any bonus that you do not apply and use to a Fantasy Contest within thirty (30) days of the bonus being credited to your account (the “Active Bonus Period), such bonus shall be forfeited by you.

Unless otherwise provided in the Promotion Terms, any winnings derived from such bonuses may only be withdrawn after an amount totaling no less than 30 (thirty) times the initial bonus amount received has been wagered during the Active Bonus Period. For example, to withdraw a bonus of 10 USD and any related winnings, you need to use 300 USD in bonuses as entry fees in Fantasy Contests (which are determined by us) and the entire bonus criteria must be fulfilled during the Active Bonus Period.

Nothing in this Section 7 shall be construed to restrict our right or impair our right to rescind and/or recover any bonuses credited to your account in the event that such bonuses were credited as a result of error, manipulation, fraudulent conduct, or any other dishonest activity.

In the event that Thrillzz has reasonable suspicion that you are abusing or attempting to abuse a bonus, offer or other promotion, then Thrillzz may, at its sole discretion, deny, withhold or withdraw from you any bonus, offer or promotion, or rescind any policy with respect to you, either temporarily or permanently, or terminate your account.

In the event that Thrillzz has reasonable suspicion that you have executed any act in bad faith in relation to a promotion, bonus or special offer provided by us, we shall have the right to block or terminate your account.

If we have reasonable suspicion that an account or group of accounts are operating systematically we shall have the right to terminate all such accounts and in such circumstances.

  1. Source of Funds

You declare that the source of funds used by you is not illegal and that you will not use the Fantasy Services in any way as a money transfer system. You will not use the Fantasy Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to you. If Thrillzz has a reasonable suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of the Terms, your account may be terminated. We shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (collectively “Interested Third Parties”) of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with us to investigate any such activity.

  1. Publicity License and Release

By entering a Fantasy Contest , you consent to Thrillzz’s and its service providers’ and business partners’ use of your name, username, voice, likeness, image, location, age, photograph or video in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the relevant Thrillzz Contest and/or Thrillzz’s future offerings and Thrillzz generally, unless otherwise prohibited by law. Thrillzz and its business partners reserve the right to make public statements about you, on-air, on the Internet, or otherwise, prior to, during, or following the Fantasy Contest. You agree that Thrillzz may announce your name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of Thrillzz or other offerings operated by Thrillzz. You agree that participation in and (where applicable) the winning of a prize in connection with a Fantasy Contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The Fantazzy House Rules and/or any other rules which relate the Fantasy Contest may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

  1. Verification

Required Information and Verification. To register for an account, make deposits, make withdrawals, , participate in Fantasy Contests, receive any prizes from a Fantasy Contest or at any other time as we determine in our sole discretion, , you shall be required to provide us with information we request, which may include a valid mailing address, date of birth, four digit social security number, government identifiers, and social security number, and any other information we may require (including without limitation a selfie) 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. If we are unable to verify you, we reserve the right to suspend your account and withhold and retain any funds in your account as well as suspend any prize  until such time as we have been able to successfully verify you. In the event that we are unable to verify your identity we may terminate your account

We also may conduct checks for compliance with these Terms, including anti-fraud checks on playing patterns prior to processing a withdrawal request by you which includes without limitation verifying your redemption through SMS, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw the funds in your account at any time and for any reason. Thrillzz may limit the amount of  your deposits in its sole discretion and/or in accordance with potentially applicable state-imposed limits.

  1. Deposits, Withdrawals and Chargebacks

Unless otherwise stated, all funds in your account are stated in U.S. dollars and all deposits and withdrawals will be paid in U.S. dollars.

Subject to any state law or regulation to the contrary, we have playthrough requirement of 1X your deposit. This means that you must pay in entry fees an amount equaling the amount of funds you deposited before being able to withdraw those funds.

Unless expressly stated otherwise by us, all deposits and withdrawals shall be denominated in U.S. dollars. If you initiate a deposit in a currency other than U.S. dollars, such funds will be converted into U.S. dollars by either our designated payment processors or your financial institution. Please note that such currency conversion may be subject to service fees imposed by the relevant processor or institution.

All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our service providers or your financial institution and you may be charged a service fee for such conversion.

By making a deposit into your account, you represent and warrant that: (i) all payments into your account are authorized; (ii) you will not reverse attempt to reverse or invalidate any payment to your account; (iii) all deposited funds are lawful and do not originate from illegal activities or sources; and (iv) you are the legal owner of the payment source used for the deposit.

While most deposits are processed instantly, the availability of funds in your account may vary depending on the payment method used and could take several days to reflect in your account. No interest is accrued on funds held in your account. We are not a bank and funds are not insured by any governmental agency.

You may deposit funds using any method accepted by the Fantasy Services, which may vary from time to time (including without limitation as to where you are located) which may include for example banks, debit cards and credit cards (“Payment Providers”). Other than respect to credit cards, all payments into your account must be from a payment source on which you are the named account holder. If you use a credit card which you are not the named account holder, we will presume that you have received complete and sufficient consent from the rightful owner and/or the person whom name is used on such payment instrument to make use of such payment instrument for the purposes herein, prior to your engagement with us. We shall not be obligated in any manner to examine such consent and shall bear no responsibility with respect to your use a credit card which you are not the named account holder.

By initiating a deposit or withdrawal, you authorize us to instruct the Payment Providers to process the relevant transaction and consent to the sharing of your personal information with them as necessary. We are not liable for any actions or omissions by the Payment Providers and you agree to comply with each of the Payment Provider’s terms and conditions. In case of any conflict between these Terms and those of a Payment Provider, these Terms shall prevail. Any fees imposed or charged by Payment Providers are your responsibility.

Funds will be credited to your account only upon actual receipt by us. We may request additional information before or after accepting your deposit and/or releasing withdrawn funds to verify your identity, the source of funds, or for other reasons we deem appropriate. We reserve the right to reject or return deposits at our discretion and we may void Fantasy Contest submissions if we determine the funds are unauthorized. If we reasonably suspect that deposited funds are not intended for Fantasy Contest participation, we may suspend or close your account (and withhold and retain any funds therein) and report the activity to the relevant authorities.

We reserve the right to set minimum and maximum deposit limits at our discretion including without limitation specifically to you and/or in general, for example, depending on the method of deposit; state, territory, and/or jurisdiction-imposed deposit limits which are made available to you through the Fantasy Services. You agree to comply with these limits. Breach of this provision may result in suspension or termination of your account, and in the event of termination of your account we may choose at our sole discretion to refund or withhold and retain any funds in such account.

THRILLZZ RESERVES THE RIGHT TO LIMIT
THE AMOUNT YOU CAN WITHDRAW PER DAY AND THE
NUMBER OF TIMES YOU CAN INITIATE A WITHDRAWAL PER DAY.
CURRENTLY, THE MAXIMUM PER DAY WITHDRAWL IS 1,000 USD. YOU ARE NOT ABLE TO WITHDRAW AN AMOUNT GREATER THAN 1,000 USD IN A SINGLE CALENDAR DAY. CURRENTLY, THE MAXIMUM NUMBER OF WITHDRAWALS YOU CAN INITIATE PER DAY IS 1. YOU ARE NOT ABLE TO INITIATE MORE THAN ONE WITHDRAWAL IN A SINGLE CALENDAR DAY.

Subject to the above and the availability of funds in your account and the Terms, you may request withdrawals from your account at any time, however, we reserve the right to:

  • to assess the origin of funds before processing withdrawals and Unless otherwise specified, all funds are denominated in U.S. dollars, and all transactions will be processed in U.S. dollars;
  • evaluate the payout of funds based on our assessment of their origin;
  • conduct verification checks; and/or
  • pay any requested withdrawal partly or in total via the same method of payment of your deposit.

We reserve the right to withhold deposited funds and/or prizes if we reasonably believe the deposit was unauthorized, misused, or fraudulent. Such incidents, including chargebacks or reversal of payments may be reported to the appropriate authorities. We may investigate these matters independently and suspend or permanently close your account during the investigation.

You acknowledge that all transactions may be monitored for anti-money laundering purposes. Any activity deemed suspicious may be reported to the appropriate authorities.

In the event that any deposit which you make into your account is returned, subject to a chargeback or reversed, all associated Fantasy Contest winnings shall be deemed invalid, forfeited, and either deducted from your account or recovered from any bank account into which such winnings were deposited. Additionally, the original deposit amount shall be invalidated, forfeited, and removed from your account balance. If these deductions result in a negative account balance, you expressly acknowledge and agree that such negative balance shall constitute an immediate, undisputed debt owed by you to us. Furthermore, if there are insufficient funds in your account, we may demand that you pay us such outstanding amount and you shall immediately pay us such amount as requested by us. Without detracting from any of the foregoing, in the event that any deposit which you make into your account is returned, subject to a chargeback or reversed, we may suspend or terminate your account in our sole discretion.

12 Inactive Accounts.

We shall deem your account as inactive, in the event that you have not participated in a Fantasy Contest, made a deposit or made a withdrawal from your account with respect to the Fantasy Contests (the “Account Actions”) for a period of 18 (eighteen) consecutive months or to the extent permitted by applicable state law (“Inactive Account”). Subject to applicable law if your account is deemed by us as an Inactive Account, we will charge you an administration fee of four USD a month (“Inactive Account Administration Fee”) until the earlier of: (i) you participating in a Fantasy Contest, making a deposit or making a withdrawal from your account with respect to the Fantasy Contests; or (ii) the account balance reaching 0.00 USD. We will make reasonable efforts to inform you that your account shall be deemed by us as an Inactive Account through either the email address associated with your account or to the physical address associated with your account, at least thirty (30) days prior to implementing the first Inactive Account Administration Fee.

Please Note: If you are registered in the state of Arizona, Colorado, Indiana or Massachusetts, your account shall be deemed by us to be an Inactive Account if you have failed to engage in any Account Actions for three (3) years consecutive years, rather than the eighteen (18) consecutive months as stated in the paragraph above. Furthermore, there shall be no Inactive Account Administration Fee charged if you are registered in Arizona.

Funds remaining in an Inactive Account that is legally determined to be abandoned, pursuant to the applicable laws of the relevant state, shall be deemed to be an “Abandoned Account”. Funds in the Abandoned Account will be reported and remitted in accordance with state law. Once funds have been remitted to the state, we have no further liability to you for such funds and if you choose to reclaim such funds, you must comply with applicable laws governing the same.

13.Taxes

You are solely responsible for reporting and paying any taxes owed on prizes (including without limitation on their receipt and/or use) to the appropriate governmental or tax authorities. We are not liable for any tax obligations arising from your use of the Fantasy Services which includes without limitation taxes on any prizes. Where required by law, we may report your account activity and winnings to state or federal authorities. By agreeing to the Terms, you understand and agree that we may send you at our discretion, tax information, including applicable tax forms, mailed or emailed to the email account or physical address associated with your account.

Each year all winners who have won $600 or more over the previous year must provide updated address and social security details to Thrillzz. These details will be used to allow Thrillzz to comply with tax regulations and may be shared with appropriate tax authorities. You, not Thrillzz, are responsible for filing and paying applicable state and federal taxes, duties, levies and/or fees on any winnings. Thrillzz does not provide tax advice, nor should any statements in the Term s or on the Fantasy Services be construed as tax advice.

  1. Conduct, Disqualification, and Cancellation

Thrillzz, in its sole discretion, may disqualify you from the Fantasy Services, including any Fantasy Contest, refuse to award prizes or suspend, limit, or terminate your account  if you engage in conduct Thrillzz deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Fantasy Services or in any way detrimental to other end-users, including but not limited to:

  • falsifying personal information, including payment information, required to use the Fantasy Services or receive or use prizes;
  • using IP proxying or other methods to disguise your location or the place of your residence to circumvent geographical restrictions on eligibility;
  • providing false personal or payment information to access the Fantasy Services or claim a prize;
  • gaining points, Fantasy Contest wins, or prizes through unauthorized means such as scripts or automation tools;
  • interfering with the operation of the Fantasy Services or attempting to manipulate its software;
  • engaging in, promoting, or encouraging illegal activity;
  • engaging in contest manipulation or payment fraud
  • collecting personal data from other persons or sending unsolicited communications;
  • misusing the Fantasy Services in any other way or violating these Terms.
  • violating eligible payment method terms;
  • cheating, colluding with any other individual(s), or engaging in any type of syndicate play;
  • accumulating prizes through unauthorized methods, such as unauthorized scripts, systematic methods, or other automated means, or through non-recreational or professional behavior;
  • allowing other individuals to access your account;
  • creating or operating multiple accounts or logging into an account from multiple devices simultaneously, accessing an account from more than five different devices over the history of your account, accessing multiple accounts from the same device;
  • entering into Fantasy Contests for which you are not eligible, whether by multi-accounting, providing misleading information, masking or altering your IP address, or other means;
  • participating in or taking advantage of, or encouraging others to participate in or take advantage of schemes, including those designed to share offers, register accounts, or enter into Fantasy;
  • abusing any bonus system;
  • posting or transmitting, or causing to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
  • tampering with the administration of the Fantasy Services or trying to in any way tamper with the computer programs associated with the Fantasy Services;
  • bypassing, circumventing, or attempting to bypass or circumvent any measures we may use to prevent or restrict access to the Fantasy Services (or other accounts, computer systems or networks connected to the Fantasy Services);
  • obtaining other end-users’ information or otherwise spamming other end-users;
  • impersonating any person or entity, including any of our employees, representatives, or end-users;
  • attempting to influence the play in any sporting event from which athletes are available for selection in Fantasy Contests in which you are involved or in which you have a direct or indirect interest;
  • abusing the Fantasy Services in any way or otherwise violating these Terms or any other agreement between you and Thrillzz regarding your use of the Fantasy Services; or
  • taking any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
  • attempting to access, probe, interfere with, or connect to the Fantasy Services and/or any computer without authorization (i.e., any form of “hacking”);
  • using any robot, spider, scraper, or other automated means to access, harvest, or scrape the Fantasy Services for any purpose without our prior written permission;
  • framing, inline linking, or similarly displaying the Fantasy Services or any portion of the Fantasy Services;
  • transmitting any viruses or other computer code, files, programs, instructions and/or other content or feature that disrupt, damage, or interfere with computers or related systems;
  • sublicensing, selling, reselling, transferring, assigning, distributing, or otherwise commercially exploiting or making available to any third party the Fantasy Services or your account in any way;
  • interfering with or disrupting the integrity or performance of the Fantasy Services;
  • demonstrating disrespectful, threatening, offensive, and/or malicious behavior when communicating with Thrillzz customer support and/or other employees; and/or
  • advocating, encouraging, or assisting any third party in doing any of the foregoing.

For further details regarding the impact of termination of your account, please review Section 16.

You acknowledge and agree that Thrillzz may in its sole discretion remove any User Content (defined below), block access to the Fantasy Services or the content therein, and suspend or terminate any account at any time for any reason or no reason. To report abuse of the Terms, please contact us at support@thrillzz.com

Nothing in the Terms  shall prevent Thrillzz from informing the relevant authorities and/or pursuing criminal or civil proceedings in connection with such conduct.

If for any reason the Fantasy Services are not running as originally planned (e.g., if the Fantasy Services become corrupted or do not allow the proper usage and processing in accordance with the applicable 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 Thrillzz corrupts or affects the administration, security, fairness, integrity or proper conduct of the Fantasy Services), Thrillzz reserves the right, in its sole discretion, to cancel, terminate, extend, modify, or suspend the Fantasy Services, including any Fantasy Contest Offered, and/or select the winner(s) based on its then-current status. In addition, Thrillzz may, in its sole discretion, disqualify any individual implicated in or relating to the cause.

Thrillzz reserves the right to cancel, terminate, modify, or suspend Fantasy Contests, in our sole discretion, without any restrictions, in which case notification may be posted through the Fantasy Services.

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

  1. Access to the Fantasy Services

You must provide, at your own expense, the equipment, software, subscriptions, Internet connections or devices and/or service plans as may be required to access and/or use the Fantasy Services. Thrillzz does not guarantee that the Fantasy Services or all portion(s) thereof can be accessed on all devices. Thrillzz does not guarantee that the Fantasy Services are available in all geographic locations. You acknowledge that when you use the Fantasy Services, your Internet provider or service provider may charge you fees for access, data, and/or other contents, products, or services. Check with your applicable provider(s) to see if there are any such fees that apply to you.

  1. Termination

Thrillzz reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Fantasy Services or associated services (or any part thereof), with or without notice. You agree that Thrillzz shall not be liable to you or any third party for any modification, suspension or discontinuance of the Fantasy Services or associated services.

We do not guarantee that any of our Fantasy Services will be available at all times or at any given time or that we will continue to offer all or any of our Fantasy Services for any particular length of time. We may change and update our Fantasy Services without notice to you. We make no warranty or representation regarding the availability of our Fantasy Services and reserve the right to modify or discontinue the Fantasy Services in our sole discretion without notice, including for example, ceasing a Fantasy Contest or other Fantasy Services for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR FANTASY SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR FANTASY SERVICES.

Upon termination of your account, your right to use the Fantasy Services will immediately cease.

If you wish to terminate your account, you may simply discontinue using the Fantasy Services or contact us at support@thrillzz.com via an email expressly stating that you wish to terminate your account.

We may terminate your account at any time, if: (i) for any reason we decide to discontinue the Fantasy Services to you; (ii) you are in breach of the Terms or we reasonably believe that you are in breach of the Terms; (iii) you commit (or attempt to commit) fraud against us or a third party using the Fantasy Services or otherwise use the Fantasy Services for unlawful, unfair, or improper purposes; (iii) you improperly deny any deposits or cause chargebacks; or (iv) we are instructed to or ordered by a law enforcement or regulatory agency or court.

In the event that the your account is terminated under: (i) Sections 3, 4, 7, 8, 10, 11, 14, or 19 or (ii), (iii), or (iv) in the paragraph above, we may withhold and retain any funds in your account until we have concluded our investigations into your acts and omissions. Without derogating from the foregoing, we will withhold all or part of your real money balance and recover from your account recover from your account deposits, pay-outs, withdrawals and any winnings, in each case to the extent directly or indirectly attributable to the reason we have terminated the Agreement.  In the event that there are not sufficient funds, we may invoice you for such amount and you shall immediately pay such amount.

You agree to compensate us for any costs, charges or losses sustained or incurred by us arising directly or indirectly attributable to the reason we have terminated the Agreement.

In the event that your account is terminated for any reason whatsoever: (i) you will forfeit any bonuses, which are credited to your account; and (ii) your participation in any Fantasy Contests which have not had any winner(s) finally determined by us shall be voided.

Furthermore, if we terminate your account, we may terminate any other agreement which you have with us.

All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, Section 4 (Conditions of Participation); Section 5 (Fantasy Contests); Section 8 (Source of Funds); Section 9 (Publicity License and Release); Section 13 (Taxes), Section 14 (Conduct, Disqualification, and Cancellation); Section 16 (Termination); Section 18 (User Content); Section 19 (Prohibited Uses); Section 21 (Class Action Waiver; Binding Arbitration); Section 22 (Limited License Grant), Section 26 (Indemnification and Release), Section 27 (Warranty Disclaimers), Section 28 (Limitations on Liability), Section 29 (Our Proprietary Rights), and Section 31 (General).

  1. Responsible Game Play

We are dedicated to fostering a secure and responsible gameplay environment.

Please read the Fantazzy Responsible Play Policy  to learn about how we help you maintain a balance between enjoyment and responsible social gameplay.

The Fantazzy Responsible Play Policy enables you to any time, request to take a break or terminate your account, through self-exclusion.

We do not accept any responsibility or liability: (i) if you seek to use or continue using the Site and/or App, with the intention of deliberately avoiding the relevant security measures in place; and/or (ii) we are unable to enforce our Fantazzy Responsible Play Policy measures or policies for reasons outside of our reasonable control.

You must not open an account with us if you have previously self-excluded from using any services from us or through any state-specific self-exclusion or self-restriction.

  1. User Content

The Fantasy Services may enable you to submit, post, upload, or otherwise make available through the Fantasy Services content such as profile information, communications with other end-users, whether privately or made publicly available, video clips, photographs, public messages, ideas, comments and other content (collectively, “User Content”) that may or may not be viewable by other end-users.

You acknowledge and agree that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom the User Content originated. This means that you, not Thrillzz, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Fantasy Services. You further agree that you have all required rights to submit, post, upload or otherwise use or disseminate such User Content without violation of any third-party rights. Under no circumstances will Thrillzz be liable in any way for any User Content.

You acknowledge that Thrillzz may or may not pre-screen User Content, but that Thrillzz and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Fantasy Services. Without limiting the foregoing, Thrillzz and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Thrillzz’s sole discretion. You understand that by using the Fantasy Services, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Fantasy Services.

With respect to User Content you submit or otherwise make available on or to the Fantasy Services, you grant Thrillzz an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.

You are solely responsible for your interactions with other end-users of the Fantasy Services. Thrillzz reserves the right, but has no obligation, to monitor disputes between you and other end-users.

  1. Prohibited Uses

Use of the Fantasy Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:

  • Infringe on, remove, or alter any copyright, trademark, patent, trade secret, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy in Section 30);
  • Post, utilize, or otherwise make available any other party’s intellectual property unless you have the right to do so, or remove or alter any copyright, trademark or other proprietary notice contained on the Fantasy Services;
  • Collect, Post, or store personal information of others without their consent.
  • Post User Content or engage in any action that is objectionable, obscene, profane, or vulgar, harassing, bullying, discriminatory, glorifies or promotes violent or self harm, or violates another person’s privacy;
  • Use the Fantasy Services commercially, for benchmarking, or to compile information for a product or service;
  • Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Fantasy Services, by any means except as permitted in these Terms or with the prior written consent of Thrillzz;
  • Scrape, access, monitor, index, frame, link, or copy any content or information on the Fantasy Services by accessing the Fantasy Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly available portions of the Fantasy Services through a browser or accessing the Fantasy Services through any API approved by Thrillzz;
  • Violate the restrictions in any robot exclusion headers of the Fantasy Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Fantasy Services;
  • Attempt to probe, scan or test the vulnerability of any Thrillzz system or network or breach any security or authentication measures;
  • Post material that advocates illegal activity or discusses illegal activities with the intent to commit them;
  • Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);
  • Post or do anything that could disable, overburden, or impair the proper working of the Fantasy Services;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Fantasy Services or content;
  • Post material that impedes or otherwise prohibits communication or disrupts end-user discussion;
  • Post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
  • Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
  • Use another person’s account without authorization;
  • Solicit personal or sensitive information from other end-users including without limitation address, credit card or financial account information, or passwords;
  • Send spam or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Fantasy Services;
  • Frame, inline link, or similarly display the Fantasy Services or any portion of the Fantasy Services;
  • Interfere with any other party’s use and enjoyment of the Fantasy Services; or
  • Violate any applicable law or regulation.

In the event that you use the Fantasy Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, Thrillzz, in its sole discretion, may disqualify you from the Fantasy Services, including any Fantasy Contest, refuse to award prizes or suspend, limit, or terminate your account .

  1. Not a Financial Institution

Thrillzz and its affiliates are not a financial institution, and you will not treat Thrillzz as a financial institution. You will not receive any interest on outstanding prizes, funds in your account or other consideration. Thrillzz does not provide tax advice, nor should any statement by Thrillzz be construed as tax advice. You are strictly prohibited from utilizing the Fantasy Services to facilitate arbitrage through currency exchange transactions, and a violation of this prohibition may result in any gains being forfeited and deducted from your balance without warning or notification.

  1. Class Action Waiver; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT IN COURT.

21.1 Class Action Waiver. Disputes between you and us must be resolved on an individual basis. YOU AND THRILLZZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.  This subsection does not prevent you or Thrillzz from participating in a class-wide settlement of claims.

Unless both you and Thrillzz agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award 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. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.

Next, we will try to resolve our disputes informally before initiating a legal proceeding.

21.2 Informal Dispute Resolution Procedure. If a Dispute (as defined below) arises between you and Thrillzz, Thrillzz is committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first use good faith efforts to settle the Dispute informally and directly through consultation and negotiations before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address utilized as your username and profile associated with your account, if applicable, to Thrillzz, Suite 100 & 200, 3401 Mallory Lane, Franklin, TN 37067, USA and support@thrillzz.com. The written description must be on an individual basis and provide, at minimum, the following information: your name and contact information; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with Thrillzz. Unless the parties agree to extend the period for informal resolution, if the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and Thrillzz agree to the further Dispute resolution provisions below.

The informal dispute resolution procedure in this Section 21.2 is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution procedure.

21.3 Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided in herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to support@thrillzz.com. If you are a Thrillzz account holder, any demand filed by you initiating arbitration must include the email address you used to log onto the App, as well as any profile associated with that account that is controlled by you.

You and Thrillzz agree that the terms of this Section 21 (collectively the “Arbitration Agreement”) govern any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, the Terms, or your use of the Fantasy Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (each a “Dispute” and collectively “Disputes”).

The parties further agree that the determination of the scope, enforceability, or applicability of this Arbitration Agreement, including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) will be resolved exclusively by final and binding arbitration in accordance with this Section 21.

The only matters excluded from this Arbitration Agreement are the litigation of certain intellectual property and small court claims, as provided below.

This Arbitration Agreement supersedes any prior Arbitration Agreement entered by the parties and is applicable to unfiled claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.

The parties agree that this Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

21.4 Class Arbitration and Collective Relief Waiver. YOU AND THRILLZZ ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT OTHERWISE IN SECTION 21.7 BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR COLLECTIVE ACTION AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. NOTWITHSTANDING THIS ACKNOWLEDGEMENT AND AGREEMENT, ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF THRILLZZ PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING.

With the exception of this Section 21.4 and 21.7 and 21.8 below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, this Section 21.4 or Sections 21.7 or 21.8 are found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Thrillzz shall be entitled to arbitrate their Dispute.

21.5 Arbitration Rules. The arbitration will be administered by NAM and conducted before a single arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Supplemental Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com.

21.6 Arbitration Location and Procedure. For all U.S. residents, the arbitration shall be held (i) at a location determined under the applicable NAM rules and procedures that is reasonably convenient for you and is no more than 100 miles from your home or place of business; or (ii) at another location you and we agree upon. For non-U.S. residents, the arbitration shall be held in New York (unless otherwise agreed by the parties). The arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Thrillzz submit to the arbitrator, unless the arbitrator determines that a hearing is necessary, or the parties agree otherwise. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and Thrillzz (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

21.7 Mass Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM against Thrillzz (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch (to the extent there are fewer than 10 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each demand within the batch (the same arbitrator may preside over multiple demands in a batch if the relevant claimants and Thrillzz so agree); (iii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Thrillzz and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any of the claimants or Thrillzz may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection for the demands in each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and the arbitrator will determine the location where the proceedings for each demand within a batch will be conducted.

You agree to cooperate in good faith with Thrillzz and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of demands. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of demands necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless Thrillzz otherwise consents in writing, Thrillzz does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 21.7. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this Section 21.7 or the engagement of a mediator in Section 21.8 is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor Thrillzz shall be entitled to arbitrate any claim that is a part of the Mass Filing.

21.8 Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a NAM mediator selected from a group of 5 mediators initially proposed by NAM, with Thrillzz and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Thrillzz, the remaining claimants and their counsel, and the mediator will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either Thrillzz or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither Thrillzz nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

21.9 Arbitrator’s Decision. The arbitrator’s decision shall be controlled by the terms and conditions of these Terms and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Fantasy Services. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of the “Warranty Disclaimers” and “Limitations on Liability” Sections of these Fantazzy Terms of Use as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.

21.10 Fees. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Thrillzz will pay any filing and hearing fees in excess of $250 that the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, in which case arbitration fees (including attorneys’ fees) may be imposed upon you consistent with the Arbitrator’s Rules and the standard for sanctions set forth in Federal Rule of Civil Procedure 11. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise, including as set forth in this Arbitration Agreement.

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in subpart (vi)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

21.11 30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to support@thrillzz.com with the subject line, “ARBITRATION OPT-OUT.” The notice must be sent within thirty (30) days of (a) December 3, 2025; or (b) your first use of the Fantasy Services, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, and Thrillzz also will not be bound by it.

21.12 Changes. Thrillzz will provide thirty (30) days’ notice of any material changes to this “Binding Arbitration and Class Action Waiver” Section. Any such changes will go into effect 30 days after Thrillzz provides notice and will apply to all claims not yet filed regardless of when such claims may have accrued. If Thrillzz changes this “Binding Arbitration and Class Action Waiver” Section after the date you first accepted this Arbitration Agreement (or accepted any subsequent changes to this Arbitration Agreement), you agree that your continued use of the Fantasy Services 30 days after such change will be deemed acceptance of those changes.

  1. Limited License Grant

Through your access, use, downloading, and/or installation of the Fantasy Services, you are acquiring and Thrillzz grants you a personal, limited, non-exclusive, non-transferable license to install, use and access the Fantasy Services for your non-commercial use as set forth in this license (“License”). Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Fantasy Services or any rights to use the Fantasy Services (including, without limitation, your Registration Data and/or any other similar information). The term of your License shall commence on the date that you install or otherwise access or use the Fantasy Services, and shall end on the earlier of the date that you dispose of the Fantasy Services, or Thrillzz’s termination of this License.

Except as expressly licensed to you herein, Thrillzz and its licensors reserve all right, title and interest in the Fantasy Services, and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of Thrillzz and its licensors in the Fantasy Services and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Fantasy Services, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product or brand identification, copyright, or other intellectual property notices in the Fantasy Services. All rights not expressly granted herein are reserved by Thrillzz.

Your right to use the Fantasy Services is limited to the License grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Fantasy Services or any component of it, except as expressly authorized by Thrillzz. Unless expressly authorized in writing by Thrillzz, you are prohibited from making the Fantasy Services (and/or a copy of the Fantasy Services) available on or over a network where it could be used and/or downloaded by multiple end-users. You may not remove or alter any of Thrillzz’s trademarks and/or logos, any legal notices included in the Fantasy Services and/or any related assets. Your right to use the Fantasy Services is also predicated on your compliance with any applicable terms or agreements you have with third parties when using the Fantasy Services.

This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from Thrillzz if you fail to comply with any of provision of the Terms. Promptly upon termination, you must cease all use of the Fantasy Services and destroy all copies of the Fantasy Services in your possession or control. Termination will not limit any of Thrillzz’s other rights or remedies under these Terms, at law or in equity.

  1. Location and Push Notifications and Other Technologies

To determine your eligibility to use the Fantasy Services, Thrillzz may determine your location using one or more reference points, such as GPS, beacons and/or software within your personal computer, mobile device, consumer electronics device, or any other equipment. If you have set your device(s) to disable GPS, Bluetooth or other location determining software or do not authorize the Fantasy Services to access your location data, the Fantasy Services may not be able to determine your location and you will not be able to access the Fantasy Services. If you granted us permission to collect your precise GPS location information and you no longer wish for us and our service providers to collect and use such information, you may disable the location features on your device through the device’s operating system settings. Please note that if you disable such features, you may not be able to access or receive some or all of the services, content, and/or features made available via the Fantasy Services. For more information about how the Fantasy Services collects, uses and retains your information, please read the Thrillzz Privacy Policy.

  1. Links

The Fantasy Services may provide links to third party applications, services or websites from our App, Site or the Fantasy Services (including advertising that may link to a third party). You understand that when you click on these links any data which you provide afterwards is subject to that third party’s privacy policy and not to our Privacy Policy. We can take no responsibility for the content, safety, privacy or security of any third-party application, service or website.

  1. Updates to the Fantasy Services

You agree that the Fantasy Services may automatically download and install updates, upgrades and additional features that Thrillzz deems reasonable, beneficial to you and/or reasonably necessary. You acknowledge and agree that any obligation Thrillzz may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. The License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.

  1. Indemnification and Release

By using the Fantasy Services, you agree to defend, indemnify, release and to hold harmless Thrillzz, as well as its officers, directors, employees, shareholders and representatives from and against any claims, liabilities, damages, losses, actions or expenses, including without limitation reasonable legal and accounting fees, of any kind, arising out of or in any way connected with (i) you access to our use of the Fantasy Services or your violation of these Terms; (ii) your User Content; (iii) your interaction with any other end-users; (iv) your receipt, ownership, use, or misuse of any prize, (v) any of your acts or omissions that implicate publicity rights, defamation, or invasion of privacy, (vi)  your violation of any applicable laws or regulations in connection with your use of the Fantasy Services; or (vii) any claims made by any third party in connection with your use of the Fantasy Services, the receipt, ownership, use or misuse of any products or services made available on or through the Fantasy Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

  1. Warranty Disclaimers

You expressly understand and agree that your use of the Fantasy Services is at your sole risk. The Fantasy Services (including the related websites, apps, prizes, and content) are provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Thrillzz has no control over, and no duty to take any action regarding: which end-users gain access to or use the Fantasy Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Thrillzz from all liability for you having acquired or not acquired content through the Fantasy Services. The Fantasy Services may contain or direct you to other websites containing information that some people may find offensive or inappropriate. Thrillzz makes no representations concerning any content contained in or accessed through the Fantasy Services, and Thrillzz will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Fantasy Services.

  1. Limitations on Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE FANTASY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE FANTASY SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE FANTASY SERVICES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THRILLZZ NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF THRILLZZ HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE FANTASY SERVICES; THE USE OR THE INABILITY TO USE THE APP, SITE OR FANTASY SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FANTASY SERVICES; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN INDIVIDUAL TO JOIN OR PARTICIPATE IN A FANTASY CONTEST); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE FANTASY SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, TRANSACTIONS, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE FANTASY SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THRILLZZ’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS PAID. EXCLUEDED FROM SUCH AMOUNTS ARE AMOUNTS PAID BY YOU PRIOR TO THE ACTION OR OMISSION WHICH GIVES RISE TO THE CLAIM..

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF THRILLZZ SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE FANTASY SERVICES AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE FANTASY SERVICES OR THE CONTENT CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS LIMITATION OF LIABILITY SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.

  1. Our Proprietary Rights

All title, ownership and intellectual property rights in and to the Fantasy Services are owned by Thrillzz or its respective licensors. You acknowledge and agree that the Fantasy Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. These Terms do not grant you or any other party any right, title, or interest in the Fantasy Services or any content in the Fantasy Services. Except as expressly authorized by Thrillzz, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Fantasy Services, in whole or in part.

  1. Notice and Procedure for Making Claims of Copyright Infringement

Thrillzz may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of end-users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Thrillzz with a written notice containing the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service;
  • your address, telephone number, and email address;
  • 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;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Thrillzz’s Copyright Agent can be reached in the following ways:

Mail: ATTN: Legal, [Address]

Email: [FILL]

To be valid, a notice must be in writing and must follow the instructions above. You also may use the contact information in this Section to notify us of alleged violations of other intellectual property rights.

  1. General

In this Section 31, references to Terms shall include these Terms and the License.

31.1 Severability. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable under applicable law, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the remainder of the provision shall be interpreted to achieve as closely as possible the effect of the original term and all other provisions of the Terms remain in full force and effect.

31.2 Material Terms. You agree that the provisions in these Terms that limit liability and disclaim warranties are essential terms of these Terms.

31.3 Entire Agreement. The Terms constitute the entire agreement between you and Thrillzz with respect to the Fantasy Services and supersedes any prior agreements, oral or written, between you and Thrillzz.

Unless otherwise stated in the Fantazzy Terms of Use, in the case of a conflict between the Fantazzy Terms of Use and the terms of any other electronic or machine readable statement or policy, including our Privacy Policy, the Fantazzy Terms of Use shall control, except for any agreement governing the use of mobile Fantasy Services or any additional terms, including, without limitation, any other rules, policies, notices and conditions of participation which relates to the Fantasy Services that are posted on or through the Site, App  or the Fantasy Services or that are otherwise communicated to you (each “the Other Governing Agreement”). In such case, the Other Governing Agreement shall control.

The failure of Thrillzz to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

31.4 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Fantasy Services or the Terms must be filed within one (1) year after such claim or cause of action arose or will be forever barred.

31.5 Section Titles. The Section titles in the Terms are for convenience only and have no legal or contractual effect.

31.6 No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

31.7 Export Laws. You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Fantasy Services to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Thrillzz is prohibited from transacting business under applicable law.

31.8 Notices. Any notices or other communications provided by Thrillzz under these Terms will be given: (i) via email; or (ii) by posting to the Fantasy Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Except as explicitly described in the “Binding Arbitration and Class Action Waiver” Section, you may give notice to Thrillzz (such notice shall be deemed given when received by Thrillzz) at any time by emailing.

31.9 Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

  1. Contacting Us

If you have any questions, concerns, requests or comments regarding these Terms, or if you wish to opt out of communications from Thrillzz, we invite you to contact us by email at support@thrillzz.com

  1. iOS Terms

You acknowledge and agree that (i) these Terms are binding between you and Thrillzz only, and Apple is not a party hereto, and (ii) as between Thrillzz and Apple, it is Thrillzz that is responsible for the application and the content thereof. You must use the iOS version of the application only on an Apple-branded product that runs iOS. Your use of the iOS version of the application must comply with the terms of use applicable to the Apple source from which you obtain it (including the “Usage Rules” set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the application.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the application or your possession and use of the application, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the application infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the application to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the application (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application, and, as between Apple and Thrillzz, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Thrillzz’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Thrillzz’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.