MEMBER ACCOUNT REGISTRATION. In order to access the Platform, you must register with us and become a member (“Member”). As a Member you will be able to: (i) create a profile; (ii) create and join groups and channels for exchanging betting ideas with other Members; (iii) track and manage your betting activity; (iv) sign up for and receive alerts when other Members post User Content (as defined below) or make investments; (v) share your investment information and post commentary and other content (collectively, “User Content”); and (vi) email us. We are under no obligation to accept any individual as a Member, and may accept or reject any registration in our sole and complete discretion.
COMMUNITY GUIDELINES. Within Pikkit’s community, the “Golden Rule” applies. Basically, you are required to follow the community rules and to treat others the way you would want to be treated. Specifically and in addition, you agree as follows:
You shall not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means.
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Platform.
You will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials.
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure. Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, without notice, and remove any User Content that does not adhere to these guidelines.
COMMUNICATIONS TO US; USER SUBMISSIONS; AND PUBLICITY. As noted above, we encourage you to submit User Content and communicate with us and other Members. However, we do not want you to, and you shall not, submit any User Content or other information that contains confidential or non-public information. With respect to all communications you send to us concerning Pikkit, our Platform or otherwise, including, but not limited to, feedback, questions, comments, suggestions, we will be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you. You retain all copyrights and other intellectual property rights in and to your User Content. You do, however, grant us a non-exclusive, worldwide, royalty-free license, with the right to grant sublicenses, to use, copy, publicly display, compile, combine with other content, modify (solely o conform such User Content to the technical requirements of the Platform), and publicly perform all User Content you provide to us in any media now known or hereafter devised solely in connection with providing the functionalities of the Platform, and the right, but not the obligation, to reproduce and use any such User Content, including, without limitation, your name, image, likeness, photograph, and Sign-In Name to advertise and promote the Platform and/or Pikkit. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, name, image, likeness, photograph, and Sign-In Name permitted by the foregoing rights and licenses may include the display of such materials adjacent to advertising and other material or content, including for profit. If you submit User Content to us, each such submission constitutes a representation and warranty to Pikkit that such User Content is your original creation (or that you otherwise have the right to provide the User Content) or that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by Pikkit and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates Applicable Law or our community guidelines set forth above.
CONFIDENTIALITY. ALTHOUGH WE ENCOURAGE YOU TO CREATE AND UPLOAD USER CONTENT AND COMMUNICATE WITH US AND OTHER MEMBERS, PLEASE NOTE THAT ANY IDEAS, CONTENT, AND INFORMATION THAT YOU POST OR SHARE WITH OTHER MEMBERS THROUGH THE PLATFORM WILL BE SEEN AND MAY BE USED BY OTHER MEMBERS, AND WE CANNOT GUARANTEE THAT OTHER MEMBERS WILL NOT USE THOSE IDEAS, CONTENT, OR INFORMATION THAT YOU SHARE ON THE PLATFORM. THEREFORE, IF YOU HAVE ANY INFORMATION THAT YOU WOULD LIKE TO KEEP CONFIDENTIAL, THAT YOU DO NOT WANT OTHERS TO USE, AND/OR THAT IS SUBJECT TO THIRD-PARTY RIGHTS THAT MAY BE INFRINGED BY YOUR SHARING IT, DO NOT POST IT ANYWHERE ON OR THROUGH THE PLATFORM. IN ADDITION, YOU ARE REQUIRED TO COMPLY WITH ALL APPLICABLE LAWS WHEN POSTING USER CONTENT, INCLUDING, WITHOUT LIMITATION, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. PIKKIT IS NOT RESPONSIBLE FOR ANY MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY IDEA, CONTENT, OR INFORMATION THAT YOU POST ON OR THROUGH THE PLATFORM.
NO WARRANTIES; LIMITATION OF LIABILITY. WE DO NOT WARRANT THAT THE WEBSITE, PLATFORM, OR APP WILL OPERATE ERROR-FREE OR THAT THE THEY, THEIR SERVERS, OR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE CONTENT, THE WEBSITE, PLATFORM, OR APP RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. YOU UNDERSTAND AND AGREE THAT PIKKIT DOES NOT WARRANT THAT ANY TRANSACTION WILL BE EXECUTED, OR THAT TRANSACTIONS WILL BE EXECUTED WITHOUT DELAY. IN ADDITION, PIKKIT DOES NOT WARRANT THAT PRICE QUOTES ARE ACCURATE OR WILL BE FREE OF DELAY OR ERROR. YOU UNDERSTAND AND AGREE THAT THE EXECUTION OF MARKET AND STOP-MARKET ORDERS MAY BE AT A PRICE SIGNIFICANTLY DIFFERENT FROM THE QUOTED PRICE OF THAT SECURITY. LIMIT ORDERS WILL BE EXECUTED ONLY AT A SPECIFIED PRICE OR BETTER, BUT THERE IS THE POSSIBILITY THAT THE ORDER WILL NOT BE EXECUTED. Pikkit SHALL NOT BE RESPONSIBLE FOR ANY SUCH ORDERS THAT ARE NOT EXECUTED. THE CONTENT, WEBSITE, PLATFORM, AND APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. TO THE EXTENT THAT PIKKIT MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM TRADING LOSSES, LOST DATA, OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, PLATFORM, APP, CONTENT, OR ANY RELATED SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, PLATFORM, APP, CONTENT, OR ANY RELATED SERVICES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). THE WEBSITE, PLATFORM, AND APP MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED THEREIN. THE WEBSITE, PLATFORM, AND APP MAY CONTAIN INFORMATION ON INVESTMENTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO AN INVESTMENT ON THE WEBSITE, PLATFORM, OR APP DOES NOT IMPLY THAT SUCH INVESTMENT IS OR WILL BE AVAILABLE WHEN YOU WOULD LIKE TO PURSUE IT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE, PLATFORM, OR APP AT ANY TIME WITHOUT NOTICE. THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. NO MATERIAL AVAILABLE THROUGH THE WEBSITE, PLATFORM, OR APP SHALL BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF ANY OFFER TO BUY THE SECURITIES OR PRODUCTS OR SERVICES OF ANY ENTITY. INVESTMENT OFFERS CAN ONLY BE MADE WHERE LAWFUL UNDER, AND IN COMPLIANCE WITH, APPLICABLE LAW. THE WEBSITE, PLATFORM, AND APP PROVIDE NO INVESTMENT OR OTHER ADVICE, AND NO INFORMATION OR MATERIAL AVAILABLE THROUGH THEM IS TO BE RELIED UPON FOR THE PURPOSE OF MAKING OR COMMUNICATING INVESTMENT OR OTHER DECISIONS. IN MAKING AN INVESTMENT DECISION, YOU MUST RELY ON YOUR OWN EXAMINATION OF THE INVESTMENT AND THE TERMS OF THE OFFERING. WE DO NOT ADVISE ON THE TAX CONSEQUENCES OF ANY INVESTMENT. TO THE EXTENT THAT PAST PERFORMANCE IS AVAILABLE THROUGH THE WEBSITE, PLATFORM, OR APP, PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, AND NO REPRESENTATION IS BEING MADE THAT ANY INVESTMENT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE ACHIEVED IN THE PAST, OR THAT SIGNIFICANT LOSSES WILL BE AVOIDED.
INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Pikkit, our affiliates, and our and their respective past, current, and future shareholders, employees, officers, directors, attorneys, principals, trustees, representatives, agents, partners, predecessors, successors, and assigns from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement (including, without limitation, breach of any warranties or representations made by you herein) or any of your Transactions or Investments. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
THIRD-PARTY PROVIDERS. If you install or enable any online, web-based applications provided by third parties that interoperate with the Platform (“Third-Party Applications”) for use with the Platform, you acknowledge that we may allow providers of those Third-Party Applications to access your information as required for the interoperation of such Third-Party Applications with the Platform. We shall not be responsible for any disclosure, modification, or deletion of your information resulting from any such access by Third-Party Application providers, and any such access and use of your information shall be subject to the privacy policies of such Third-Party Application providers. Certain feature of the Platform may interoperate and/or integrate with third-party APIs or widgets. Such features depend on the continuing availability of such APIs or widgets. If these providers cease to make their API or widgets or program available on reasonable terms for the Platform, we may cease providing such features without notice or liability.
THIRD-PARTY SPORTSBOOK ACCOUNT INFORMATION. Our Platform may employ proprietary technology to allow you to retrieve, view and maintain information and conduct transactions with certain state-licensed sportsbook operators (“Third-Party Sportsbooks”). Pikkit is not responsible for any account information obtained from Third-Party Sportsbooks. When you direct Pikkit to retrieve your account information from Third-Party Sportsbooks, you grant Pikkit a limited power of attorney to access the third-party services to retrieve such account information solely as you direct. Pikkit will be acting as your agent and will not be acting on behalf of any Third-Party Sportsbooks. You agree that the Third-Party Sportsbooks Third Party Bookmakers featured on all Pikkit the Platforms shall be entitled to rely on the foregoing authorization and agency granted by you. Pikkit does not review information from Third-Party Sportsbooks for accuracy and is not responsible for any issues or expenses resulting from such account information, including any inaccuracy, error, delay, or non-delivery. For the avoidance of doubt, Pikkit is not responsible for any payment processing errors or fees arising from inaccurate account information provided by third parties.
BET PLACEMENT WITH YOUR THIRD-PARTY SPORTSBOOK ACCOUNT. Our Platform may integrate with bet placing services provided by certain Third-Party Sportsbooks. If you choose to use such features of the Platform, opening a bet slip on the Platform will either navigate you to the Third-Party Sportsbooks' website, or connect you to the Third-Party Sportsbooks’ betting API service. Please ensure you check all your bet details are correct on the bet slip before placing a bet. You are solely responsible and liable for all activity that occurs on both your Pikkit and Third-Party Sportsbooks accounts. Terms and conditions vary between Third-Party Sportsbooks and apply to any bet placed with that Third-Party Sportsbooks regardless of whether the bet was facilitated through an integration with our Platform. If you have any queries relating to a bet, including any requests to void a bet, you should contact the Third-Party Sportsbooks directly.
THIRD-PARTY CONTENT. The Platform may contain links, including, without limitations, in the form of banners/advertisements, to third-party websites (collectively, “Third-Party Content”). These links are provided solely as a convenience to you and/or as part of Pikkit’s participation in affiliate revenue programs and not as an endorsement by us of the content on such Third-Party Content. The content of such Third-Party Content is developed and provided by others. You should contact the site administrator or webmaster for those Third-Party Content if you have any concerns regarding such links or any content located on such Third-Party Content. We are not responsible for the content of any linked Third-Party Content and do not make any representations regarding the content or accuracy of materials on such Third-Party Content. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Content, you do so at your own risk.
COMPLIANCE WITH APPLICABLE LAWS. The Platform is based in the United States. We make no claims concerning whether the Platform or Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE PLATFORM OR YOUR ACCESS TO THE PLATFORM. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.
DOWNLOADING THE APP FROM THE APP STORE. The following terms apply when you download the App from Apple’s App Store. These terms are in addition to all other terms contained in the Agreement.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of any of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the applicable App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Pikkit and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Pikkit.
BINDING ARBITRATION AGREEMENT.
CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
LANGUAGE OF TERM. The parties have expressly requested that these Terms be drafted in English. Il est de la volonté expresse des parties que cet accord soit rédigée en anglais.
Where we have provided a translation of the English version of these Terms, you agree that the translation is provided for your convenience only and that the English language version of these Terms governs your relationship with Pikkit. If there is any inconsistency between the English language version of these Terms and a translation, then the English language version will take precedence.