Terms of Use

Privacy Policy

Our Terms of Use have been updated as of August 19, 2019

IMPORTANT NOTICE:  THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AS DETAILED IN SECTION 13.

  1. Acceptance of Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Vigless, LLC (“Company”, “Vigless”, “we”, “us”, or “our”), concerning your access to and use of our mobile app as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”).  Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Service.  By using or otherwise accessing our mobile app, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Company reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time.  Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.

2. Eligibility 

This Service is intended for users who are at least 21 years old.  Persons under the age of 21 are not permitted to use of register for the Service. By using the Service, you are representing and warranting that:

  • You are 21 years or older;
  • You are citizen or resident of the United State of America or Canada and that you have an address in the United States of America or Canada;
  • At the time of using the Service you are physically located in the United States of America or Canada in a jurisdiction in which using the Service is not prohibited by applicable law;
  • You are not listed on any U.S. Government list of prohibited or restricted parties;
  • You will abide at all times by these Terms of Use and any other agreements between you and the Company regarding your use of the Service;

You may establish only one account per person to participate in our Service. In the event the Company discovers that you have opened more than one account per person, in addition to any other rights that the Company may have, the Company reserves the right to suspend or terminate any or all of your accounts. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.

Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any Vigless contests in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible.

Parents or Guardians of Children:

Persons under 21 years of age are prohibited from using our Services. We do not knowingly collect or maintain personal information from persons under 21 years of age. If we learn that personal information of persons who are under 21 has been collected on our Services, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child has submitted information for and/or obtained a remote wagering account, you may contact us at viglesscustomerrelations@gmail.com and request that we remove his or her information from our systems and close the account, if any.

3. Verification of Your Identity

You agree to provide true, accurate, current and complete information to us, and represent and warrant that the name and address, and all other information, you supply when opening an account, and anytime thereafter, is true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse or limit access to, suspend or terminate your account, without prior notice to you, and to refuse any and all current or future use of our Service.

4. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available.  Vigless may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of our Service, you agree not to:

  1. Use the Service to advertise of offer to sell goods and services.
  2. Use the Service in a manner inconsistent with any applicable laws or regulations.
  3. Disparage, tarnish, or otherwise harm, in our opinion, the Company.
  4. Make any unauthorized use of Vigless, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  5. Systematically retrieve data or other content from Vigless, to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  6. Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service.
  7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  8. Make improper use of our support services or submit false reports of abuse or misconduct.
  9. Interfere with, disrupt or create an undue burden on the Company or the networks or services used by the Company.
  10. Attempt to impersonate another user or person or use the username of another user
  11. Use any information obtained from the Service in order to harass, abuse, or harm another person.
  12. Use the Service as part of any effort to compete with us or otherwise use the Service or any of its content for any revenue-generating endeavor or commercial enterprise
  13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

5. Termination and Closure of Your Account

In addition to any other legal or equitable remedy, Vigless may terminate or suspend your account immediately, without prior notice or liability, if you breach any of the terms and conditions of these Terms.  Upon termination of your account, your right to use the Service will immediately cease.  If you wish to terminate your Vigless account, you may contact us at Viglesscustomerrelations@gmail.com indicating that you wish to terminate your account.  All provisions of the Terms of Use shall survive termination, including, without limitation , warranty disclaimers, indemnification, and limitations of liability.

If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with the Company regarding restoration of your account only via Viglesscustomerrelations@gmail.com.

6. Submissions

You acknowledge and agree that any questions, comments, suggestions, idea, feedback, or other information regarding the Service (“Submissions”) provided by you to use are non-confidential and shall become our sole property.  We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.  You hereby waive all moral rights to any such Submissions, any you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.  You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

7. Third-Party Websites

This Service may contain (or you may be sent via the Service) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, information, applications, software and other content or items belonging to or originating from third parties (“Third-Party Content”).  We are not responsible for any Third-Party Websites accessed through the Service.  Inclusion of, linking to, or permitting the use of installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.  If you decide to leave the Service and access Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service to. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your use of such products or services.  Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

8. Modifications and Interruptions

 We reserve the right to change, modify, or remove the contents of the Service at any time for any reason at our sole discretion without notice.  However, were have no obligation to update any information on the Service.  We also reserve the right to modify or discontinue all or part of the Service without notice at any time.  We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

We cannot guarantee the Service will be available at all times.  We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors.  You agree that we have no liability whatsoever for any loss, damage, or inconvenience cause by your inability to access or use the Service during any downtime or discontinuance of the Service.  Nothing in these Terms of Use will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

9. Indemnification

You agree to release and to indemnify, defend and hold harmless Vigless and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Vigless reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company in the defense of such matter.

10. Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SERVICE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SERVICE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SERVICE; (D) THE MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE SERVICE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE MOBILE APPLICATION OR ANY LINKED SITE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE, ANY OF THE SERVICE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

11. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SERVICE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SERVICE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICE OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) THE NON PERFORMANCE BY ANOTHER USER OF THE SERVICE AND ANY LOSS RELATED TO SUCH NON PERFORMANCE; OR (6) ANY ERRORS OR OMISSIONS IN THE SERVICE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE MOBILE APPLICATION). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS SERVICE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY SERVICE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

12. Intellectual Property Rights

The content on the mobile application, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to Vigless, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the mobile application is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Vigless reserves all rights not expressly granted in and to the Service and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Service or the Intellectual Property therein.

13. ARBITRATION, CONSENT TO JURISDICTION IN MASSACHUSETTS, ATTORNEY’S FEES

Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Service (including all commercial transactions conducted through the Service) (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and Vigless waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Kent County, Delaware, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of Delaware, provided that:

The arbitrator shall not have authority to award punitive damages; and

Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Vigless agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Kent County, Delaware (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and Vigless waive any and all rights to trial by jury with respect to any Claims.

In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.

MISCELLANEOUS

These Terms of Use shall be governed by the internal substantive laws of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and Vigless that arises in whole or in part from the Terms of Use, the Service or any Contest shall be decided exclusively by a court of competent jurisdiction located in Kent County, Delaware.

By using the Service, you expressly relieve Vigless from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Vigless’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Vigless reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. If you continue to use the Services after we change the Terms of Use, you accept all changes. The failure of Vigless to comply with any provision of these Terms of Use 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 the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.

14. Contact Us

In order to resolve a compliant regarding the mobile application or to  receive further information regarding use of the Service, please contact us at Viglesscustomerrelations@gmail.com.