<h1>Terms and Conditions</h1> <p>YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE SITE, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.&nbsp;</p> <p>&nbsp;</p> <h3>Who We Are</h3> <p>In these terms, "we" and "our" is Cyan Blue Odds USA Limited, a company registered in the United Kingdom, with registered company number 11736817 and registered office at The Aircraft Factory, 100 Cambridge Grove, London W6 0LE, United Kingdom (trading as "OddsChecker" and CasinoSmash).</p> <p>&nbsp;</p> <p>We operate a number of online products, including our websites <a href="http://www.oddschecker.com/us">www.oddschecker.com/us</a> and <a href="http://www.casinosmash.com">www.casinosmash.com</a> and their mobile and tablet versions and any related mobile applications (together, Our products;).</p> <p>&nbsp;</p> <h3>Changes to these Terms</h3> <p>Please read these terms carefully and ensure you understand them fully. By using Our Products you will be deemed by us to have understood and accepted these terms and agree to be bound by them. From time to time, certain provisions of the terms will change and be updated accordingly. Each change will become effective and you will be deemed to have accepted such changes, immediately upon such change being posted. If you do not wish to be bound by these terms, you should not use Our Products.</p> <p>&nbsp;</p> <h3>Affiliate Disclaimer</h3> <p>We are not a gambling or betting operator, but we receive a commission from these companies when we advertise their brands and refer customers to them (affiliate marketing). We provide information, odds information and links to websites of these companies. Some of the information made available on our site may be positioned as a result of a commission paid to us by a third party. We do not take or place bets/transactions and any information on Our Products is provided for entertainment purposes only.</p> <p>&nbsp;</p> <h3>Our Licenses</h3> <p>Where required, we have obtained the requisite licensure and/or permissions in order to provide Our Products and services, including in NJ, PA, WV, CO, TN, MI, IN, AZ, LA, MD, VA. We also provide Our Products and services in certain states where no licensure and/or permissions are required, including in IL, IA, NV, WY, CT, NY and Ontario, Canada as permitted by local law. Our Products and services are directed at residents of those permitted territories and only residents of those permitted territories should access and/or use Our Products or services.</p> <p>&nbsp;</p> <p>Nothing within Our Products or these terms constitutes an offer or promotion of Our Products to persons outside a permitted territory. We do not make any warranty or representation that Our Products are available or appropriate for use by those outside a permitted territory. Should you choose to use Our Products outside a permitted territory, you do so at your own risk and it is your responsibility to ensure that you are compliant with any applicable local laws.</p> <p>&nbsp;</p> <h3>Age Restrictions</h3> <p>The Our Products contain betting related information and therefore should only be used by individuals aged above the legal minimum age that applies in your state or territory. In the United States, no one under the age of 21 is permitted to use Our Products or any of our services. In Ontario, Canada, no one under the age of 19 is permitted to use Our Products or any of our services.</p> <p>&nbsp;</p> <h3>Our Services</h3> <p>Our Products allow you to browse betting events, odds and/or offers or other information (Third Party Operator Information) and contain links to redirect you to licensed gambling operators within a permitted territory ("Third Party Operators"). When you click on any Third Party Operator Information on Our Products you are taken directly to the Third Party Operators' own site, which are all secure environments where data transfers are encrypted. We only display Third Party Operators that have the appropriate licensure and satisfy our criteria for security and reliability.</p> <p>&nbsp;</p> <p>All Third Party Operator Information shown on Our Products remain the property and responsibility of the Third Party Operators themselves. All Third Party Operator Information is shown in good faith and we do not guarantee its availability or accuracy. We do not accept liability for errors in Third Party Operator Information such as errors in prices, odds, incorrectly calculated winnings, events or markets shown on Our Products and we will not be liable for any loss suffered by any party if the service is unavailable or inaccurate in any way.</p> <p>Whenever you place a bet or make a transaction, your bet/transaction will be with the selected Third Party Operator (not us) and your bets/transactions will be governed by their terms and conditions. Terms and conditions vary between Third Party Operators and are published on their websites. It is your responsibility to review the terms and conditions of the relevant Third Party Operator before placing a bet/transaction.</p> <p>&nbsp;</p> <h3>Paid for Services (MyOC Premium)</h3> <p>Additional terms and conditions may apply to purchases of goods or services and to specific features of Our Products, including, but not limited to, MyOC Premium, our paid for subscription service that provides access to premium picks and other specified content for a fee. Such additional terms and conditions are made a part of these Terms of Use by this reference and you agree to abide by them, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for any service offered on or through Our Products, the latter terms shall control with respect to your use of that portion of Our Products or the specific service. We may make changes to any products or services offered on Our Products, or to the applicable prices for any such products or services, at any time.</p> <p>&nbsp;</p> <h3>Tiers/pricing</h3> <p>We may offer different products or different tiers or service at different rates and it is the user's responsibility to select the appropriate level. Introductory rates or discounts may be offered, at our discretion, but we are under no obligation to offer particular rates to any users. Prices are correct as at the time of purchase. We reserve the right to change, modify, and increase any such prices or any other terms of access to the service and content at any time, in our sole discretion. From time to time, we may offer free access to MyOC Premium. However, we reserve the right to notify you that we are ending your free access, and that the further use of MyOC Premium will require payment.</p> <p>&nbsp;</p> <h3>No refunds</h3> <p>You may cancel your subscription at any time; however, there are no refunds for cancellation and you will continue to have access to the service for the remainder of your applicable billing cycle. Payments are non-refundable and there are no refunds or credits for partially used billing periods.</p> <p>&nbsp;</p> <h3>Promotions and advertised offers</h3> <p>We may publish promotions or offers of Third Party Operators on Our Products. Certain promotions may be subject to withdrawal or cancellation and may only be available for specific periods and on certain specific terms. You must ensure that the promotion you are interested in is still available, that you are eligible, and that you understand any terms and conditions which may apply to it.</p> <p>&nbsp;</p> <h3>Emails, Push Notifications and Communications</h3> <p>Unless you ask us not to, we may, from time to time, send you emails, push notifications and/or other communications containing offers, tips and other content from Our Products. You are entitled to opt-out of receiving communications from us at any time. Details of how to opt-out will be sent within each communication or you can contact us via the details provided at the end of these terms and conditions.</p> <p>&nbsp;</p> <h3>Tips and Other Content</h3> <p>Tips and all other content published on Our Products is for your personal use only and the distribution or commercial exploitation of such information is strictly prohibited. No warranty is given as to the uninterrupted provision of such information, its accuracy or as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information and entertainment purposes only. It should not be relied upon when placing bets/wagers, which are made at your own risk and discretion.</p> <p>&nbsp;</p> <h3>Promotions / Giveaways</h3> <p>From time to time we may make available promotions/giveaways to our users. Full terms and conditions relating to the promotion/giveaway will be published and will apply along with the general terms and conditions set out below:</p> <p>&nbsp;</p> <p>Every promotion/giveaway will be:</p> <ol> <li>Available for a limited time only.</li> <li>Operated by Cyan Blue Odds USA Limited, however, we may partner with third parties for prize fulfilment or other aspects.</li> <li>Entrants must meet the entry criteria for a valid entry.</li> <li>By entering any competition and providing contact details to us you will be deemed to consent to receive correspondence from us relating to the competition and our marketing.</li> <li>Winners will be drawn at random from all valid entries using an electronic random generator system.</li> <li>Only one entry per person/household/IP address.</li> <li>For each competition, we will specify: - how to submit your entry; - how many winners and how they will be picked; - start and end time of the competition; and - the type of prize that can be won.</li> <li>We will notify the winner within a specified time period (72 hours if not stated) of the competition closing. The winner will be asked to provide us, within a specified time period (48 hours in not stated), their information for prize fulfilment. In the event the winner does not respond within the specified time periods, we reserve the right to conduct the draw again.</li> <li>We reserve the right to withhold delivery of prizes until proof of eligibility has been confirmed or if such proof is not provided on request, to disqualify the entrant from the competition and to select another winner.</li> <li>Your personal data will be stored and protected in accordance with our Privacy Policy as displayed on our website.</li> <li>If you are the winner of the competition, your personal data may be passed on to our partner for prize fulfilment purposes. They will store and protect your personal data in accordance with their privacy policy.</li> <li>We reserves the right to substitute the value or type of prize with reasonable equivalents.</li> <li>There is no alternative in whole or in part for the prize offered.</li> <li>Any prize or any of its components may not be sold, traded, transferred, refunded or commissioned.</li> <li>We are not responsible for any delay or cancellation of any element of a prize or for any inability of the prize winner (or their guest(s) (where applicable)) to take up a prize.</li> <li>We reserve the right to withdraw the availability of promotions to any customer or group of customers at any time.</li> <li>Promotional offers are intended to enhance a customer's enjoyment of our services and any attempts to manipulate or abuse a promotion, or abuse the spirit of a promotion, will not be tolerated and may lead to forfeiture, blocking or cancellation of the prize under this promotion, as well as an immediate exclusion from this and future promotions and/or closing of the account (as applicable).</li> <li>In the case of any breach of these terms and conditions, or a customer becoming ineligible to participate in the promotion (at our reasonable discretion), we reserve the right to withhold delivery of, and/or cancel, the prize under this promotion.</li> <li>We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this promotion without notice.</li> <li>Our decision on a dispute in relation to this promotion will be final. No correspondence will be entered into. The promoter is Cyan Blue Odds USA Limited, a company registered in the United Kingdom, with company number 11736817 and whose registered office is The Aircraft Factory, 100 Cambridge Grove, London, United Kingdom, W6 0LE.</li> </ol> <h3>Intellectual Property Rights</h3> <p>The contents on Our Products are protected by international copyright laws and other intellectual property rights. The owner of these rights is Cyan Blue Odds USA Limited, its affiliates or other third party licensors. All product and company names and logos mentioned on Our Products are the trade marks, service marks or trading names of their respective owners.</p> <p>&nbsp;</p> <p>No part of Our Products or their content may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software without our express prior written consent. Any commercial use or exploitation of Our Products or their content is strictly prohibited.</p> <p>&nbsp;</p> <h3>Product Use Restrictions</h3> <p>&nbsp;</p> <p>You may browse Our Products and all associated content solely for your personal use and enjoyment. Except as expressly provided in these Terms of Use, no part of Our Products may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or otherwise exploited in any way (including, but not limited to, by &ldquo;mirroring&rdquo;) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.</p> <p>&nbsp;</p> <p>We actively monitor traffic to and from Our Products. We reserve the right in our sole discretion to block access where evidence indicative of automated or robotic activity is found. We reserve the right to restrict access to all or certain parts of Our Products in respect of certain jurisdictions.</p> <p>&nbsp;</p> <p>Accounts may not be shared and may only be used by one individual per account.</p> <p>&nbsp;</p> <p>You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Our Products or any transaction being conducted on Our Products, or with any other person&rsquo;s use of Our Products, including, but not limited to, by interfering or attempting to interfere with service to any visitor, host, or network, such as by means of submitting a virus or any other harmful component to Our Products, or by overloading, flooding, spamming, mail bombing, crashing Our Products. In addition, you agree not to use Our Products to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services. You also agree not to frame or utilize framing techniques to enclose any aspect of Our Products, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other hidden text; utilizing our name, trading names or trademarks without our express written consent.</p> <p>&nbsp;</p> <p>Without limiting the generality of any terms or conditions set forth herein, in using Our Products, you may not transmit or solicit: (a) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; (b) any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability; or (c) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. Any violation of our system or network security may subject you to civil and/or criminal liability.</p> <p>&nbsp;</p> <h3>Disclaimers</h3> <p>WE DO NOT PROMISE THAT OUR PRODUCTS OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITE WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE; BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT OUR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OUR PRODUCTS AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR PRODUCTS AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH OUR PRODUCTS OR ANY CONTENT IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.</p> <p>&nbsp;</p> <p>You understand that Our Products contain information about sports, iGaming, casino and sports betting, but that this information and Content does not constitute advice, nor does it constitute any recommendation; on whether or how to engage in sports betting or iGaming activities. WE ACCEPT NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF OUR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF BETTING RISKS OR IGAMING RISKS. ANY SPORTS BETTING OR IGAMING ACTIVITY IS INHERENTLY RISKY UNDERTAKEN AT YOUR OWN RISK.</p> <p>&nbsp;</p> <h3>Liability</h3> <p>Under no circumstances (including, without limitation, negligence) are we liable for any injury, loss, claim, loss of data, income, profit or opportunity, loss or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with your access to, or use of, or inability to use, Our Products, any software, any materials or other information on Our Products for any goods, materials or services available therefrom (whether based in contract, tort and whether negligent or otherwise), even if we have has been advised of the possibility of such damages or loss or that such loss was foreseeable.</p> <p>&nbsp;</p> <p>You specifically acknowledge, agree and accept that we are not liable to you for any of the following:</p> <p>- any loss whatsoever arising from the use, abuse or misuse of your account or any of our products and services</p> <p>- any loss incurred in transmitting information by the internet or by e-mail</p> <p>- any incorrect bets/transactions being placed</p> <p>- technical faults with Third Party Operator websites</p> <p>- any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications' lines failure or distributed denial of service</p> <p>- attacks, viruses or any other adverse technological consequence of your choosing to use our products and services</p> <p>- the accuracy, completeness or currency of any information services provided</p> <p>- any failure on our part to interact with you where we may have concerns about your activities.</p> <p>&nbsp;</p> <p>Nothing in these terms shall operate so as to exclude or restrict our liability for death or personal injury caused by our negligence.</p> <p>&nbsp;</p> <p>We may alter or amend the content, services or products offered via Our Products at any time and for any reason. We shall not be liable if for any reason any we Product is unavailable at any time or for any period. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of Our Products and the content or services or products available through it, including your access to it.</p> <p>If any of these terms is or becomes illegal, invalid or unenforceable, that will not affect the legality, validity or enforceability of any other terms.</p> <p>&nbsp;</p> <h3>Governing Law</h3> <p>These terms shall be governed and construed in accordance with the Laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the Courts of England and Wales.</p> <p>&nbsp;</p> <h3>Contact Us</h3> <p>If you would like to contact us for any reason, please visit our Contact Us page.</p> <p>&nbsp;</p>
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