Terms & Conditions

TERMS OF USE
(Effective March 18, 2021)

  1. INTRODUCTION AND ACCEPTANCE
  2. NEON Labs, Inc. (“MadProps,” “us,” “we,” or “our”) offers you access to the Services (defined below). These Terms of Use are an agreement that governs your use of our websites (including http://www.madprops.app), content, products, mobile applications, services, or any other MadProps materials (collectively, our “Services”).    
  3. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. BY USING ANY OF OUR SERVICES YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE.  
  4. CERTAIN SERVICES OR PORTIONS OF OUR SERVICES ARE AGE RESTRICTED.  IF YOU ARE UNDER 18 YEARS OF AGE AND HAVE ACCESSED OUR SERVICES BY PROVIDING A FALSE DATE OF BIRTH, YOU MUST IMMEDIATELY STOP USING OUR SERVICES. IF YOU BELIEVE SOMEONE UNDER 18 YEARS OF AGE HAS PROVIDED US WITH INFORMATION BY OBTAINING ACCESS IN VIOLATION OF THE APPLICABLE SERVICES’ ACCESS RESTRICTIONS, PLEASE CONTACT US IMMEDIATELY AND THIS INFORMATION WILL BE REMOVED.
  5. MadProps is to be used exclusively for entertainment purposes. Wagers created through MadProps do not in any way represent real-money wagers. Use of MadProps in conjunction with real-money wagering is strictly prohibited. You may contact us at the contact information below to report violations of this provision.
  6. MadProps makes no representation that the use of MadProps in conjunction with real-money wagering is lawful.
  7. MadProps allows registered end users to collect “Dollars” within the App. You agree that these Dollars carry NO MONETARY VALUE and are not representative of legal tender, money or cash. MadProps makes no guarantee as to the availability of any Dollars, whether Dollars will be supplied to you, or whether the correct amount of Dollars will be issued to you. You agree that you have no property interest in the Dollars and that the Dollars are granted under a limited, non-exclusive, revocable, non-sub-licensable, non-transferrable, and personal license only for use with the App. Any Dollars shown in your account shall not be construed in any way to hold monetary value or as showing any property interest. You do not have any right or title to the Dollars, other than the rights and titles granted in this section. MadProps reserves the right at any time, with or without notice to you, to adjust your Dollars balance. You hereby agree that your balance of Dollars does not contain any stored value, and can be expired or terminated by MadProps at any time. If you have a loss of Dollars, whether caused by MadProps, as a result of technical error, third-party interference, or any other reason, you agree that MadProps shall not be liable and shall not be responsible to restore or update your Dollars balance. Notwithstanding the foregoing, MadProps’ maximum liability, and your exclusive remedy for any errors regarding Dollars, is to credit back the Dollars. All decisions on issuing back or deducting Dollars shall be at MadProps’ sole discretion.
  8. When participating in a Service that awards any prizes, you are representing and warranting that you are not an employee or affiliate of MadProps.
  9. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use and will indicate at the top of this page the date these Terms of Use were last revised.  Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Use.  It is your responsibility to regularly check these Terms of Use to determine if there have been changes and to review such changes. MadProps may issue additional terms, rules, and conditions for participation in particular Services. For example, MadProps may issue conditions as required by various state rules and regulations, which may impact your experience or participation in the Service. You agree to be subject to those additional rules if you participate in such Services.
  10. IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, DO NOT CONCLUDE THIS AGREEMENT, AND DO NOT USE VIEW, DOWNLOAD, OR OTHERWISE USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES.  
  11. INTELLECTUAL PROPERTY

Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, code, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all copyrights, trademarks, service marks, trade names, and trade dress that may appear in our Services are owned by us, our licensors, our affiliates, or identified third parties (collectively, the “Service Content”). Additionally, all trademarks, service marks, trade names, and trade dress that may appear on the Services are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in the Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

  1. ACCESS AND USE
  2. You represent and warrant that you: (a) have not previously been suspended or removed from the Services or from any other offerings by MadProps; (b) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; and (c) that you understand that the use of the Services is at your own risk.  
  3. Our Services are provided for your personal, non-commercial use only. You acknowledge that MadProps reserves the right to discontinue the Services, in whole or in part, at any time. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third party content, its applicable owner. In certain instances, we may suggest, ask, or otherwise permit you to download, install, or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing, or printing Service Content.

MADPROPS RESERVES THE RIGHT TO REVOKE ANY LICENSE OR AUTHORIZATIONS UNDER THESE TERMS OF USE, AT ANY TIME.

  1. Except as expressly permitted in these Terms of Use, you may not:
  2. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
  3. circumvent, disable, or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
  4. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Services (or any portion thereof) or Service Content for any purpose without our express written permission;
  5. collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
  6. solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
  7. attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
  8. decompile, reverse engineer, or disassemble any portion of our Services or other Service Content;
  9. use network-monitoring software to determine architecture of or extract usage data from our Services;
  10. encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership – as defined below);
  11. violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
  12. engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
  13. Our Services are controlled, operated, and administered by the Company from its offices in the United States of America. The Company makes no representation or warranty that materials available through our Services are legal, appropriate, or available for use outside the United States. Access to our Services may not be legal by certain persons or in certain locations outside the United States. Those who choose to access our Services from locations outside of the United States do so at their own risk and on their own initiative. If you access our Services from a location outside the United States, you are responsible for compliance with all applicable laws and regulations, and the Company and its affiliates accept no responsibility for such access. We reserve the right to limit the availability of our Services described in these Terms of Use to any person, geographic area, or jurisdiction we so desire at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other products. You may not use, export, or re-export any content downloaded from our Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
  14. Service malfunctions voids all plays.
  15. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
  1. USER REGISTRATION & PROMOTIONAL MESSAGES
  2. If you become a registered user on the Services, you will provide true, accurate, and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Services not available to non-registered users among other benefits. You are responsible for safeguarding and maintaining the confidentiality of your Membership, and you shall not share, and shall use your Membership solely in accordance with these Terms of Use. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at the contact information below if you become aware of any loss or theft of, or unauthorized use of your Membership.
  3. Promotional Messages. Our Services may include sending you promotional emails/newsletters. These are typically recurring message programs that, upon registration, will be sent to you until you unsubscribe via any of our disclosed methods. To receive any of these communications from us, you will be required to register and provide certain information about you (e.g., full name, street address, email address, mobile number).
  4. Emails/Newsletters. You may opt-out of receiving our emails/newsletters by using the options included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails).
  5. Mobile Alerts. Certain portions of our Services may provide mobile alerts to the device you use to access such Services.  Additionally, if you are a registered user, you will be able to sign up for certain alerts specific to your personal settings. The types and frequency of mobile alerts that you will receive will depend on your selections at registration. Mobile alerts may not be available for all users. Message and data rates may apply.
  6. Text/SMS Messages. In addition to these Terms of Use, the following specific terms apply to our recurring Text/SMS Message Service (“Message Service”): (1) unless we explicitly tell you otherwise in advance, we will not charge you for the Message Service. However, “Message and Data Rates May Apply”; which means that, depending on your service plan, you may be charged message and/or data charges by your wireless carrier; (2) by enrolling in the Message Service, you certify that you are either the account holder or otherwise responsible for paying any wireless carrier charges associated with the Message Service or, if you are under the age of 18, that you have the permission of the account holder/person responsible for any such charges; (3) we may send you up to 20 messages per month through our Message Service; (4) if you have any questions about our Message Service or need assistance, you may contact us at the contact information below; (5) we are not aware of any wireless carriers that do not support our Message Service, however, you must have a text or SMS enabled mobile phone; (6) we do not guarantee or warrant that you will receive all or any of our messages; and (7) our Message Service may be administered by a third party (the “Administrator”) and we reserve the right to condition use of our Message Service to your acceptance of applicable Administrator terms and conditions.
  1. USER CONTENT
  2. We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “Submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title, and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
  3. You shall not Submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you Submit.
  4. You represent, warrant, and covenant that you will not Submit any User Content that:
  5. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
  6. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable or otherwise violates any applicable law;
  7. encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
  8. is an advertisement for goods or services or a solicitation of funds;
  9. includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
  10. contains a formula, instruction, or advice that could cause harm or injury; or
  11. is a chain letter of any kind;
  12. the Company, in its sole discretions, determines to be inappropriate.
  1. By Submitting User Content to us, simultaneously with such posting you automatically grant, represent, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation: (1) in connection with our business; and (2) in connection with the businesses of our affiliates, licensees, successors and assignees, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media, or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
  2. By Submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “J. Doe – New York, NY”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
  3. Without limiting the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution and marketing partners, accounts, and third party service providers (including their downstream users).
  4. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
  1. SERVICE CONTENT & THIRD PARTY LINKS
  2. We provide the Services including, without limitation, Services Content for entertainment, and promotional purposes only. You may not rely on any information and opinions expressed on any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
  3. In many instances, Service Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made through the Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
  4. If there is a dispute between persons accessing the Services or between persons accessing the Services and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release MadProps its officers, directors, members, shareholders, employees, parents, partners, including, without limitation so-called distribution and marketing partners, licensees, successors and assigns, agents, representatives, affiliates, subsidiaries, and their related companies (collectively, “MadProps Parties”) from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
  5. Our Services may contain links to other websites, social media pages, or applications maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the actions of, or the content found on these third party websites, social media pages, or applications. You assume sole responsibility for your use of third party links. We are not responsible for any content posted on third party websites or applications or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their website, social media pages, or applications.
  6. BETTING RULES AND WINNING
  7. Any sweepstakes, contests, surveys, games, or similar promotions made available through our Services may be governed by specific rules (“Rules”) that are separate from and in addition to these Terms of Use.  By participating in any such sweepstakes, contest, survey, game or similar promotion, you will become subject to those Rules, which may vary from the Terms of Use as set forth herein, and which are incorporated into these Terms of Use.  If there is a conflict between the Terms of Use and any Rule, the Rule provision shall be applicable
  8. The Company urges you to read these applicable Rules, which may be linked from the particular Service, and which in addition to these Terms of Use, governs any information you submit in connection with such activities.
  9. These Rules may have additional restrictions on entry and may allow for additional means of entry to participate.  
  10. Initial Rules for The March Madness Beta Test Game (“Game”) Are As Follows:
  11. GAME IS FREE TO PLAY FOR ELIGIBLE USERS. NO PURCHASE OR PAYMENT IS NECESSARY OR ALLOWED TO PLAY THE GAME AND THERE SHALL BE NO PRIZES AWARDED FROM GAME PLAY.
  12. THE GAME IS VOID IF: (1) PROHIBITED OR RESTRICTIVE BY LAW; (2) REGISTRATION OR OTHER REQUIREMENTS WOULD BE REQUIRED FOR THE GAME BUT HAVE NOT BEEN MET YET; OR (3) THE METHOD OF ENTRY TO THE GAME IS DETERMINED TO BE A MANNER OF CONSIDERATION MAKING THE GAME PROHIBITED BY LAW.
  1. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MADPROPS AND THE MADPROPS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, OBLIGATIONS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF, RELATED TO, OR THAT MAY ARISE IN CONNECTION WITH: (I) YOUR USE OF THE SERVICES; (II) USER CONTENT PROVIDED BY YOU OR THROUGH USE OF YOUR MEMBERSHIP OR OUR SERVICES; (III) ANY ACTUAL OR ALLEGED VIOLATION OR BREACH BY YOU OF THESE TERMS OF USE; (IV) ANY ACTUAL OR ALLEGED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT THAT YOU HAVE MADE TO US; OR (V) YOUR ACTS OR OMISSIONS. YOU AGREE TO COOPERATE FULLY WITH US IN THE DEFENSE OF ANY CLAIM THAT IS THE SUBJECT OF YOUR OBLIGATIONS HEREUNDER.

  1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, MADPROPS AND THE MADPROPS PARTIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICES CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OR ACCESSED THROUGH OUR SERVICES; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; (6) WARRANTIES THAT YOUR USE OF OUR SERVICES OR SERVICES CONTENT WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SERVICES WILL BE CORRECTED.

  1. LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL MADPROPS OR THE MADPROPS PARTIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MADPROPS OR THE MADPROPS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SERVICES INCLUDING, WITHOUT LIMITATION, THE SERVICE CONTENT IS TO STOP USING OUR SERVICES AND THE SERVICE CONTENT. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR SERVICES OR ANY LINKS IN OR ON OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF OUR SERVICES OR ANY LINKS ON IN OR ON OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY USING OUR SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF MADPROPS AND MADPROPS PARTIES, AND THEIR RELATED COMPANIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY MADPROPS DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

  1. TERMINATION
  2. We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your use of our Services for any reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that MadProps shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your use of our Services.
  3. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury, and all of the “MISCELLANEOUS” section.
  4. CHOICE OF LAW; JURISDICTION AND VENUE

These Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any legal proceedings against MadProps that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use shall be brought exclusively in the state and federal courts of New York, New York and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

  1. DISPUTE RESOLUTION & MANDATORY ARBITRATION
  2. We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact us with disputes by contacting us at the information below.  We will contact you based on the contact information you have provided us or that we obtain by other means.
  3. If after thirty (30) days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
  4. We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at (800) 352-5267.
  5. We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction
  6. Exception to Arbitrate: Either party may bring qualifying claims in small claims court. Further, pursuant to the “NO CLASS ACTION” section below, we each agree that any arbitration will be solely between you and MadProps, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.
  7. NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

  1. NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

  1. AMENDMENT; ADDITIONAL TERMS
  2. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Services generally, unique parts of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
  3. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on our Services or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our Services from time to time for any changes or Additional Terms. Your access and use of any our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and Services Content and, if applicable, terminate your Membership.
  4. RESPONSIBLE PLAY
  5. Our Services are promotional in nature only and will not accept money or anything of value for an opportunity to participate or win a prize if awarded.  While our Services provide a peer to peer social wagering app, this is not a sportsbook app and we do not collect fees when wagers are made. Moreover, funds are not distributed to and from users from within the Services.  Notwithstanding the fact that our Services are for amusement and promotion purposes only, MadProps recommends the user play responsibly.
  6. If you are on a self-exclusion list, or other patron exclusion list of any jurisdiction applicable to you (which includes any statutory or regulatory exclusion lists or directories where individuals named therein are legally prohibited from playing casino or other related games), we encourage you not to use our Services or games.
  7. Practice or success on our Services does not imply future success at real-money gambling.
  8. If you or someone you know has a gambling problem, assistance can be accessed by calling or texting the National Problem Gambling Helpline at 1-800-522-4700.
  1. MISCELLANEOUS
  2. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
  3. Except where specifically stated otherwise (e.g., the “DISPUTE RESOLUTION & MANDATORY ARBITRATION” section), if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.
  4. These Terms of Use (including any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
  5. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
  6. CONTACTING MADPROPS

You may contact us at:

NEON Labs, LLC
C/O TruMedia Networks, Inc.
361 Newbury Street
Boston, MA 02115

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