DraftKings Subscriptions Terms and Conditions

 

PLEASE CAREFULLY READ THESE DRAFTKINGS SUBSCRIPTIONS TERMS AND CONDITIONS BEFORE PURCHASING OR ACCESSING DRAFTKINGS SUBSCRIPTIONS. THESE DRAFTKINGS SUBSCRIPTIONS TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE DRAFTKINGS SUBSCRIPTIONS TERMS AND CONDITIONS ARE SUBJECT TO A WAIVER OF TRIAL BY JURY.

 

 I. INTRODUCTION

 

Welcome to DraftKings Subscriptions, a service that provides you with access to promotional offerings, bonus rewards, new tools and/or features, and/or other content (the “Service”). These DraftKings Subscriptions Terms and Conditions (the “Terms”) governs all aspects of your purchase, access, and use of the Service. The Service includes all content, features, functionalities, websites, interfaces, and software associated with the Service. The Terms of Use of DraftKings Sportsbook (available by clicking HERE) (the “Sportsbook Terms of Use”), as amended from time to time by DraftKings in its sole and absolute discretion, for any reason or no reason, shall apply to the Service, and the Sportsbook Terms of Use are hereby incorporated into these Terms by reference. These Terms are intended to be a supplement to the Sportsbook Terms of Use and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Sportsbook Terms of Use. To the extent that any provision of these Terms conflicts with any provision in the Sportsbook Terms of Use, the provision contained in these Terms shall apply, and the provision contained in these Terms shall be deemed to supersede the conflicting provision contained in the Sportsbook Terms of Use, unless otherwise stated herein. Other than a provision in these Terms that explicitly conflicts with a provision in the Sportsbook Terms of Use, in no way shall these Terms be deemed to replace or nullify any provision contained in the Sportsbook Terms of Use. By subscribing to and using the Service, you agree to be, and are bound by these Terms and the Sportsbook Terms of Use, each as may be amended at any time and from time to time by DraftKings in its sole and absolute discretion, for any reason or no reason. These Terms constitute a legal agreement between you and Crown Gaming Inc. References to “DraftKings”, “we”, or “us”, in these Terms indicate Crown Gaming Inc.

 

IN THE EVENT YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS WITHOUT MODIFICATION, DO NOT PURCHASE OR ACCESS THE SERVICE.

 

These Terms, the Sportsbook Terms of Use, DraftKings Privacy Notice available at https://sportsbook.draftkings.com/legal/privacy-notice, and any other documents expressly referenced herein are collectively the “Agreements.” For clarity, in the event you cancel your subscription to the Service and cease accessing the Service, the Agreements shall apply to your use of and/or access to the Service prior to you ceasing such use and/or access.

 

These Terms do not apply to or govern your use of other products and/or services provided by DraftKings or its affiliates, including, without limitation, DraftKings Daily Fantasy, Pick6, DK Horse, Jackpocket, and DraftKings Social.

 

 II. RESPONSIBLE GAMING

 

At DraftKings, we believe that life is more fun with skin in the game, and we want it to stay that way. While our purpose is to provide you with an engaging sports and betting experience, your betting and gambling decisions remain your own. You agree that you bear the sole responsibility for your decisions.

 

It’s important to always wager responsibly, to remember that you should only bet what you can afford to lose and to always set reasonable limits for yourself. Here are some things to keep in mind when you’re gambling:

 

• Set a realistic budget that you can afford to gamble. Never play beyond your means.
• Set a time limit on your gambling and stick to it.
• Don’t place large bets in the hopes of winning big.
• Don’t try to make money by chasing your losses.
• Gambling should not be viewed as a pathway to financial gains or as a shortcut to financial success.
• Avoid gambling in the event you are in recovery from any dependency or are under the influence of alcohol or any other substance.

We provide our players with tools to set budgets, limits, and cool-off periods, and always give you the option to self-exclude. For more information and resources, consider visiting DraftKings’ responsible gambling help guide (available by clicking HERE). In the event, for any reason, you feel like you need help, we strongly encourage you to contact your local responsible gaming organizations.

 

Remember, it’s more fun when it’s for fun.

 

 III. ELIGIBILITY

 

In order to subscribe to the Service, you must be physically located in the state of New York; be at least twenty one (21) years of age; have a valid online DraftKings sportsbook account; not be involuntarily or voluntarily excluded (including self-exclusion) from play on DraftKings; and not be included on any jurisdiction-wide gaming or daily fantasy contest exclusion lists. By subscribing to the Service, you represent and warrant that you are at least twenty one (21) years of age. Only individuals who directly receive from DraftKings an offer to subscribe to the Service are eligible to subscribe to the Service. The offer to subscribe to the Service is only valid for the intended recipient and is not transferable. Individuals who receive an offer to subscribe to the Service from anyone other than DraftKings, including, without limitation, via an email forward, screenshot, or other means, shall not be eligible to subscribe to the Service.

 

In order to place a bet through DraftKings you must be physically located in a jurisdiction where DraftKings offers sportsbook services. For a list of jurisdictions in which DraftKings or its affiliates offer sportsbook services click here. Use of DraftKings’ sportsbook services in another jurisdiction where DraftKings offers sportsbook services will be governed by the DraftKings online sportsbook terms and conditions for that applicable jurisdiction. Certain features of the Service may be subject to additional eligibility requirements, including, without limitation, additional age and eligibility requirements. Any Offers (as defined in Section IV (Subscription) below), Bonus Rewards (as defined in Section IV (Subscription) below), or any other benefits, prizes, gifts, winnings, rewards, credits, and/or other bonuses or promotional offers associated with or related to the Service may only be used while you are physically located in the state of New York.

 

 IV. SUBSCRIPTION

 

Access to the Service is provided via your online DraftKings Sportsbook account. From time to time, we may provide exclusive promotional offers as part of the Service (the “Offers”). Offer eligibility is determined by DraftKings in our sole and absolute discretion, for any reason or no reason, and we reserve the right in our sole and absolute discretion, for any reason or no reason, to suspend, modify, or cancel an Offer at any time. Offer eligibility, requirements, and promotional terms will be disclosed to you prior to you opting in and participating in an Offer. In addition to Offers, the Service may provide different types of Bonus Rewards. “Bonus Rewards” may include Profit Boosts, Odds Boosts, Odds Surges, DK Dollars, Crowns, Bonus Bets, and/or other rewards that can be used on DraftKings platforms. Bonus Rewards are subject to certain limitations. Please see the DraftKings Help Center (available by clicking HERE) for more information on Bonus Rewards.

 

The Service and any content associated with and/or available through the Service is provided to you for your personal, non-commercial use. You may only hold one (1) subscription to the Service. In the event DraftKings discovers that you have opened more than one DraftKings account or subscribed to the Service more than one (1) time, in addition to any other rights that DraftKings may have, DraftKings reserves the right to suspend or terminate any or all of your DraftKings accounts, including suspension or termination of your subscription to the Service, without refund.

 

The Service is provided to you on a limited, non-exclusive, non-transferable basis. Except for the foregoing, no right, title, or interest shall be transferred or granted to you by way of your continued subscription and access to the Service. You agree that your subscription and access to and use of the Service is personal and exclusive to you. Except as expressly stated herein and in the Sportsbook Terms of Use, you may not copy, post, transmit, distribute, republish, download, or otherwise transmit or display the Service or any content associated with and/or available through the Service. Your use of the Service may only be used for authorized gaming activity, subject to eligibility requirements, these Terms, and the Sportsbook Terms of Use.

 

You may only use the Service for lawful purposes and in accordance with these Terms and the Sportsbook Terms of Use. We may terminate or restrict your subscription to and/or use of the Service in the event you violate these Terms or the Sportsbook Terms of Use, or are engaged in illegal or fraudulent activity, or are engaged in harmful use of the Service, in each case, as determined by DraftKings in its sole and absolute discretion, for any reason or no reason. You agree not to:

 

1. use the Service in any way that violates federal, state, local, or international laws and regulations;
2. circumvent, alter, degrade, obscure, or otherwise thwart any content protections or other elements of the Service, including age restrictions and location verification; and/or
3. engage in any other conduct that exploits, harms, or otherwise acts as a detriment to anyone’s use, or DraftKings’ provision, of the Service.

 

From time to time, we may change the features, offerings, and content in the Service and/or your subscription to the Service in our sole and absolute discretion, for any reason or no reason, with or without notice to you.

 

V. SUBSCRIPTION FEES AND AUTOMATIC BILLING

 

UNLESS YOU CANCEL YOUR SUBSCRIPTION TO THE SERVICE AT LEAST ONE (1) DAY BEFORE YOUR NEXT BILLING CYCLE, YOU WILL BE CHARGED THE SUBSCRIPTION FEE FOR THE NEXT BILLING CYCLE, AND YOU AUTHORIZE US TO CHARGE THE SUBSCRIPTION FEE FOR THE NEXT BILLING CYCLE TO THE PAYMENT METHOD ON FILE.

 

The Service is a paid service provided on an automatically renewing subscription basis. By purchasing a subscription to the Service, you agree to pay, and be responsible for, the then current monthly subscription fee for the Service (the “Subscription Fee”). The then current Subscription Fee will be set forth when you subscribe to the Service, provided DraftKings reserves the right to increase the Subscription Fee, institute new charges for the Service, and/or otherwise change the Subscription Fee. In order to continue accessing the Service, you must continue to timely pay the Subscription Fee. Unless otherwise indicated, your subscription to the Service will continue to automatically renew until you cancel.

 

You will be charged the Subscription Fee upon subscribing to the Service, or in the event applicable, according to the terms of any Trial (defined below) disclosed at the time of purchase, and then on a recurring basis every one (1) calendar month thereafter (“Billing Cycle”) unless you cancel your subscription prior to the start of the next Billing Cycle. Your Billing Cycle will start on the first day you are charged the Subscription Fee and thereafter will be the same day of each calendar month (i.e. in the event you are first charged the Subscription Fee on the fifteenth (15^th) of a calendar month, your Billing Cycle will start on the fifteenth (15^th) of each calendar month), unless your Billing Cycle starts (i) on the thirty first (31^st) of a calendar month or February 28 or 29, in which case your Billing Cycle will start on the last day of each calendar month, or (ii) in the event your Billing Cycle starts on the thirtieth (30^th) of a calendar month, for the month of February, your Billing Cycle will start on February 28 (or February 29^th during a leap year). Your subscription to the Service automatically renews, and you will be billed for your subscription to the Service on the first day of each Billing Cycle at the then current Subscription Fee. Information on your Billing Cycle and your current Subscription Fee is available in your account (available by clicking HERE).

 

To subscribe to the Service you must provide us with a current, valid payment method to which the Subscription Fee will be charged (“Payment Method”). Your Payment Method will be charged according to your Billing Cycle.

 

For each Billing Cycle and until you cancel or otherwise terminate your subscription to the Service, YOU PROVIDE DRAFTKINGS AND ITS THIRD-PARTY PAYMENT PROCESSORS YOUR ELECTRONIC AUTHORIZATION TO CHARGE YOUR PAYMENT METHOD.

 

You must keep your Payment Method current and valid. You can update your Payment Method by going to your account (available by clicking HERE). We may also update your Payment Method using information provided directly to us by your payment service provider(s). Following any update, you authorize us to continue to charge the applicable Payment Method. You represent and warrant that you are the lawful owner of the Payment Method. Using a Payment Method that you are not the lawful owner of is a violation of these Terms and may be a violation of law.

 

In the event your Subscription Fee cannot be charged to your Payment Method, you remain responsible for any uncollected amounts, and we or our third-party payment processors may charge the Subscription Fee to any other payment methods of yours that we, our affiliates, or our third-party payment processors have on file, or we may debit the Subscription Fee from any account balances you have with us or our affiliates. In the event a Subscription Fee payment is not successfully settled for any reason, including, without limitation, due to expiration of the Payment Method or insufficient funds, and you have not cancelled your subscription to the Service prior to the first day of your Billing Cycle, we may suspend your access to the Service until the Subscription Fee has been collected from you. Taxes and other transaction fees related to your subscription to the Service may apply, and you are solely responsible for all taxes and transaction fees related to your subscription to the Service.

 

In the event DraftKings receives notice that any Subscription Fee payment is charged back, cancelled, does not clear, or is not being honored by your financial institution, your subscription to the Service and DraftKings account may be immediately restricted, suspended, terminated, and/or closed, and any Offers, Bonus Rewards, benefits, prizes, winnings, rewards, credits, and/or other bonuses or promotional offers in connection with your subscription to the Service may, in DraftKings sole and absolute discretion, for any reason or no reason, be invalidated, forfeited by you, and deducted from your DraftKings account. Additionally, you agree that any funds associated with a Subscription Fee that has been charged back or cancelled, that did not clear, or that is not being honored by your financial institution and that you have withdrawn from your DraftKings account are the property of DraftKings and shall be immediately returned to DraftKings. In the event any Subscription Fee is charged back or cancelled, does not clear, or is not being honored by your financial institution, you agree to forfeit the Subscription Fee, and DraftKings may and reserves the right to: (i) deduct the Subscription Fee from your DraftKings account; (ii) charge you a service charge or debit such service charge from your DraftKings account; (iii) suspend and/or close your DraftKings account; and/or (iv) recover the funds using any other appropriate means, including, without limitation, utilizing a collection agency (that DraftKings will need to share your personal information with), which may have a detrimental impact on your credit rating. You are responsible for and agree to reimburse DraftKings for any and all reasonable claims, fees, fines, penalties, costs, and related expenses (including, without limitation, reasonable attorneys’ fees, costs, and expenses) associated with any Subscription Fees that have been charged back or cancelled, that do not clear, or that are not being honored by your financial institution, including, without limitation, any fees or expenses related to DraftKings’ collection efforts and/or a collection agency engaged by DraftKings.

From time to time, DraftKings may offer free or discounted subscription trials to the Service for a specified period of time. These trials may be provided for free or at a reduced rate (each instance a “Trial”). In each instance, Trials will be subject to these Terms and the Sportsbook Terms of Use. Each Trial may include a different duration or rate. Trials may require you to provide payment information to begin the Trial, and in such cases, you are authorizing DraftKings or its third-party payment processors to begin automatically charging your Payment Method at the then current Subscription Fee following the end of your Trial. To avoid future charges for subscriptions to the Service, you must cancel your Trial access prior to the end of the Trial. Trial eligibility may differ, and each Trial may be subject to additional terms and conditions.

 

 VI. SUBSCRIPTION CANCELATION

 

YOUR SUBSCRIPTION TO THE SERVICE WILL CONTINUE UNTIL YOU CANCEL.

You may cancel your subscription to the Service via your account (available by clicking HERE). THERE ARE NO REFUNDS, and except as expressly stated in this Section VI, we do not provide credit and/or refunds for partial subscriptions to the Service. In the event you cancel your subscription to the Service and do not voluntarily exclude yourself from play on any DraftKings platforms and/or voluntarily enter a cooling-off period on any DraftKings platform, you will continue to have access to the Service through the end of your current Billing Cycle. To cancel your subscription to the Service, please navigate to your account (available by clicking HERE) and follow the instructions for cancelling your subscription to the Service.

 

In the event you voluntarily exclude yourself from play on any DraftKings platform (i.e., self-exclude) and/or voluntarily enter a cooling-off period on any DraftKings platform, your subscription to the Service will be cancelled, and you will receive a partial refund of the Subscription Fee for your current Billing Cycle, prorated based on the number of full calendar days remaining in your current Billing Cycle at the time you voluntarily excluded yourself from play on any DraftKings platform and/or voluntarily entered a cooling-off period on any DraftKings platform. In the event you voluntarily exclude from play on any DraftKings platform and/or voluntarily enter a cooling-off period on any DraftKings platform, you will not be able to access and/or use the Service and/or any Bonus Rewards, Offers, or any other benefits, prizes, gifts, winnings, rewards, credits, and/or other bonuses or promotional offers associated with or related to the Service. In the event you voluntarily exclude yourself from play on any DraftKings platform and/or voluntarily enter a cooling-off period on any DraftKings platform, you permanently forfeit any Bonus Rewards, Offers, or any other benefits, prizes, gifts, winnings, rewards, credits, and/or other bonuses or promotional offers associated with or related to the Service that were unused and/or unclaimed at the time you voluntarily excluded yourself from play on any DraftKings platform and/or voluntarily entered a cooling-off period on any DraftKings platform..

 

 VII. SUBSCRIPTION TERMINATION

 

Notwithstanding anything to the contrary, DraftKings reserves the right, at DraftKings’ sole and absolute discretion, for any reason or no reason, to terminate or suspend your subscription and/or access to the Service upon a finding of your violation of these Terms or the Sportsbook Terms of Use.

DraftKings may immediately suspend and/or terminate the offering of the Service, your access to the Service, or features or functionality within the Service at any time, for any reason or no reason, and without prior notice, in DraftKings’ sole and absolute discretion. In such event, you will immediately cease all access to and use of the Service. Crown Gaming Inc. and DraftKings Inc. and its subsidiaries, affiliates, successors, and assigns, as well as the officers, directors, employees, agents, contractors, shareholders, and representatives of any of the foregoing entities (collectively, the "DraftKings Released Parties") shall not be liable to you for any suspension or termination of the Service and/or any suspension or termination of any features or functionality within the Service.

The cancelation of your subscription to the Service, termination of the offering of the Service, and/or termination of any or all of your rights granted under these Terms shall not affect any rights, obligations, and/or liabilities arising prior thereto. All provisions of these Terms, which, by their express terms or nature, should survive cancelation of your subscription to the Service, termination of the offering of the Service, or termination of any or all of your rights granted under these Terms, shall survive cancelation of your subscription to the Service, termination of the offering of the Service, or termination of any or all of your rights granted under these Terms.

 

 VIII. DISCLAIMER OF WARRANTIES

 

THE FOLLOWING SUBSTANTIALLY LIMITS DRAFTKINGS’ RESPONSIBILITIES. PLEASE REVIEW THE FOLLOWING SECTION CAREFULLY.

DraftKings is not responsible for human errors; postal delays/postage due mail; technical malfunctions; failures, including, without limitation public utility, telephone, or Internet outages; omissions, interruptions, deletions or defects of any telephone or Internet systems or networks, computer online systems, data, computer equipment, servers, providers, or software (including, without limitation, software and operating systems that do not permit you to utilize the Service); any injury or damage to your or any other person's computer or video equipment relating to or resulting from your use of the Service; your inability to access or use the Service; theft, tampering, destruction, or unauthorized access to, or alteration of, the Service; data that is processed late or incorrectly or that is incomplete or lost due to telephone, Internet, or postal issues, computer or electronic malfunction or traffic congestion on telephone lines, transmission systems, or the Internet, or any service provider's facilities; typographical, printing, or other errors; or any combination thereof.

You must immediately notify DraftKings in the event you become aware of any errors related to the Service, including, without limitation, any Offers, Bonus Rewards, funds, credits, prizes, or rewards related to the Service are credited to you in error. In the event any Offers, Bonus Rewards, funds, credits, prizes, or rewards related to the Service are credited to you in error or DraftKings requires the return of any Offers, Bonus Rewards, funds, credits, prizes, or rewards related to the Service, such Offers, Bonus Rewards, funds, credits, prizes, or rewards are held by you in trust for DraftKings, and you shall promptly return such Offers, Bonus Rewards, funds, credits, prizes, or rewards upon request. DraftKings also reserves the right to reclaim from you any Offers, Bonus Rewards, funds, credits, prizes, or rewards related to the Service credited to you in error.

 

DraftKings assumes no responsibility for any personalized or customized settings, device malfunctions (including, without limitation, Internet access, cellular data access, viruses, or out-of-date applications) or your individual use of the Service.

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON, ACCESSED THROUGH, OR SENT FROM THE SERVICE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” YOUR SUBSCRIPTION TO AND/OR USE OF THE SERVICE IS AT YOUR SOLE RISK.

THE DRAFTKINGS RELEASED PARTIES (AS DEFINED IN SECTION VII (SUBSCRIPTION TERMINATION) ABOVE) DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, AND COVENANTS, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

THE DRAFTKINGS RELEASED PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SERVICE; (B) THE CONTENT AND SOFTWARE ON AND/OR PROVIDED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECTNESS OF ANY CONTENT ON AND/OR PROVIDED THROUGH THE SERVICE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SERVICE; (D) THE MESSAGES AND INFORMATION SENT THROUGH OR IN RELATION TO THE SERVICE, BY DRAFTKINGS, OR BY ANY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA OR IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY PRODUCTS OR SERVICES; (F) HYPERTEXT LINKS ON THE SERVICE TO THIRD-PARTY WEBSITES OR APPLICATIONS; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICE OR ANY THIRD-PARTY SITE LINKED TO OR ACCESSED FROM THE SERVICE.

DRAFTKINGS DOES NOT WARRANT THAT THE SERVICE, ANY OF THE FUNCTIONS THEREON, OR ANY CONTENT CONTAINED OR ASSOCIATED THEREIN WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR LOCATION OR TIME; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE DRAFTKINGS RELEASED PARTIES DO NOT WARRANT THAT YOUR ACCESS AND/OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND, IN ANY EVENT, THE DRAFTKINGS RELEASED PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY SUBSCRIBING TO AND/OR USING THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU SUBSCRIBED TO AND/OR ACCESS THE SERVICE.

 IX. INDEMNIFICATION

By subscribing to and/or accessing the Service, or accepting any Offers, Bonus Rewards, funds, credits, prizes, or rewards associated with the Service, you agree to indemnify, release, and hold harmless the DraftKings Released Parties (as defined in Section VII (Subscription Termination) above) from any and all liability, claims, actions, proceedings, damages, losses, costs, expenses (including reasonable attorneys’ fees, court costs and other legal expenses, including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency, or other similar proceedings), fines, penalties, or settlements of any kind whatsoever, including, without limitation, personal injury, death, or losses to or damage of property, which directly or indirectly arise from, are related to, or are based upon the following “Indemnification Claims”:

1. your subscription to and/or use of the Service, including, without limitation, traveling to or participating in any events or activities related to the Service;
2. your receipt, ownership, use, or misuse of any Offers, Bonus Rewards, funds, credits, prizes, or rewards associated with the Service, including, without limitation, you and/or your guests’ (in the event any) participation in or attendance at an in person prize and your travel to and from an in person prize;
3. your breach of these Terms;
4. your use of or subscription to the Service in violation of any laws, rules, government orders, or regulations;
5. payment of Subscription Fees, including, without limitation, the Payment Method used;
6. any third parties and/or third-party products or services advertised on or through the Service; or
7. your use of the Service in a manner that violates, infringes upon, or otherwise misappropriates any patents, copyrights, trademarks, intellectual property rights, publicity rights, rights of privacy, or any other third party rights.

Without waiving any rights under this Section, DraftKings reserves the right, without your consent, to control the settlement and/or defense of any Indemnification Claims. You agree to provide DraftKings with any cooperation, assistance, and/or information requested by DraftKings in connection with DraftKings’ settlement or defense of any Indemnification Claims. You will not, without DraftKings’ prior written consent, enter into any settlement agreements in relation to any Indemnification Claims or make any statements or admissions or take any action that prejudices the defense of any Indemnification Claim.

 X. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THE DRAFTKINGS RELEASED PARTIES (AS DEFINED IN SECTION VII (SUBSCRIPTION TERMINATION) ABOVE) LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR SUBSCRIPTION TO AND/OR USE OF THE SERVICE AS SET FORTH IN THIS SECTION, 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). UNDER NO CIRCUMSTANCES SHALL THE DRAFTKINGS RELEASED PARTIES 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 (I) THE SERVICE OR ANY CONTENT ASSOCIATED WITH THE SERVICE; (II) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SERVICE; (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY DRAFTKINGS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR SUBSCRIPTION TO AND/OR USE OF THE SERVICE; (IV) ANY ACTION TAKEN IN CONNECTION WITH ANY OWNERS OF COPYRIGHTS, PATENTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS; OR (V) ANY ERRORS OR OMISSIONS IN THE SERVICE'S TECHNICAL OPERATION, IN EACH CASE OF (I) THROUGH (V), EVEN IN THE EVENT FORESEEABLE OR EVEN IN THE EVENT THE DRAFTKINGS RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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 DRAFTKINGS RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR SUBSCRIPTION TO AND DISCONTINUING USE OF THE SERVICE. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF THE DRAFTKINGS RELEASED PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IN THE EVENT ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SERVICE OR OTHER CONTENT, PROPERTY, PRODUCTS, OR SERVICES OWNED OR CONTROLLED BY DRAFTKINGS OR ITS AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF THE SERVICE OR OTHER CONTENT, PROPERTY, PRODUCTS, OR SERVICES OWNED OR CONTROLLED BY DRAFTKINGS OR ITS AFFILIATES, AND ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY SUBSCRIBING TO AND USING 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.

YOU IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY CLAIMS.

 XI. MISCELLANEOUS

In the event you have any questions, concerns, or complaints related to the Service, please e-mail DraftKings’ customer support at support@draftkings.com. You agree to use reasonable and good faith efforts to attempt to resolve any complaints, disputes, claims, or controversies you have with DraftKings through DraftKings’ customer support prior to commencing any lawsuit.

These Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles or any other law or regulation that would permit or require the application of the substantive laws of any jurisdiction other than the State of New York. The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims, causes of action, or controversies arising out of or relating to the Agreements, the breach thereof, or any use of the Service (“Claims”) shall be the courts of competent jurisdiction sitting within the State of New York (the “Forum”). You hereby irrevocably waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient. In the event that you initiate a proceeding involving a Claim in a location other than in the Forum, you agree that DraftKings shall recover from you all attorneys' fees and expenses reasonably incurred in enforcing the Forum to which you and DraftKings have agreed to herein. You irrevocably waive any and all rights to trial by jury with respect to any Claims.

 

You agree, to the maximum extent permitted by applicable law, that any and all Claims you have must be commenced within one (1) year from the date the cause of action for such Claim accrues, or you irrevocably waive such Claim and are forever barred from asserting such Claim.

Nothing in these Terms shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein.

These Terms, your subscription to the Service, and any rights granted to you under these Terms, may not be assigned, pledged, sublicensed, or otherwise transferred by you, either voluntarily or by operation of law, to any third party without our prior written consent which may be withheld in DraftKings’ sole and absolute discretion, for any reason or no reason. DraftKings reserves the right to assign, sublicense, pledge, or otherwise transfer these Terms, your subscription to the Service, and any of DraftKings’ rights or obligations under these Terms, in each case, in whole or in part, to any affiliate of DraftKings or any third party, without your consent or notice to you.

The Service and content related to the Service may contain links to third party websites that are not owned or controlled by DraftKings. DraftKings has no control over, assumes no responsibility for, and makes no representations and warranties, express or implied, related to the content, privacy policies, performance, or practices of any third-party websites. In addition, DraftKings will not and cannot censor or edit the content of any third-party site. By subscribing to and/or using the Service, you expressly relieve the DraftKings Released Parties (as defined in Section VII (Subscription Termination) above) from any and all liability arising from your use of any third-party website. DraftKings encourages 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. Your use of any third-party websites is at your sole risk.

The Service and content related to the Service may contain advertisements for third parties or third-party products or services. DraftKings makes no endorsements, representations, or warranties, express or implied, related to any third parties or third-party products or services advertised on or through the Service. You agree that the DraftKings Released Parties shall not be responsible or liable for any loss or damage you may incur as a result of any dealings, including, without limitation, participation in promotional offers, you have with third parties advertised on or through the Service or your use of any third-party products or services advertised on or through the Service.

Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and any of the DraftKings Released Parties.

Any waiver of a term or condition in these Terms must be in writing signed by the party waiving such term or condition. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and DraftKings' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. In the event any term of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be enforced to the maximum extent permissible, and all other terms of these Terms shall remain in full force and effect.

DraftKings reserves the right to amend these Terms at any time and without notice to you in its sole and absolute discretion, for any reason or no reason. It is your responsibility to review these Terms for any changes prior to your subscription to and/or use of the Service, in each instance. Any amendments to these Terms will be effective and binding upon the posting of the amended Terms. Your continued subscription to and/or use of the Service after DraftKings amends these Terms shall be deemed your acceptance and agreement to the amended Terms. In the event you do not agree to or accept the amended Terms, you must cancel your subscription to the Service and stop using the Service.  

DraftKings shall not be liable for or deemed in default of these Terms due to any delay or failure by DraftKings to comply with any provision of these Terms or to offer any platform and/or the Service due to any cause beyond DraftKings' control including, without limitation, acts of God, acts of nature, acts of Government or other competent regulatory or executive authority, war or national emergency, riots, civil commotion, fire, explosion, flood, lightning, extremely severe weather, epidemic, pandemic, or lock-outs, strikes, and other industrial disputes.

Using a DraftKings platform and/or the Service from your wireless device may cause you to incur data or other charges from your wireless carrier. You are solely responsible for any carrier charges associated with your use of any DraftKings platform/the Service from your wireless device.