You and we each agree to commence arbitration only in San Francisco, California, USA. As a lawyer, you’ve developed many skills that you can put to non-legal use. If you are a U.S. resident, we, as agent for our developer partners, may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your Winnings total $600 or more in any given calendar year. Users will always have the opportunity to opt out of these communications at any time. This blog will discuss and list below the most important skills lawyers of the future must have. Also, if you forget either your password or username, you can visit the Website or email us for help. Skillz grants to Company during the Term a limited, non-exclusive and non-transferable license to install, run and copy the SDK solely for the limited purpose of modifying the Game to enable Skillz to provide Monetization Services with respect to such Game. Company shall notify Skillz immediately if Company receives complaints related to the Monetization Services. The relationship of the parties is that of independent contractors, and nothing contained in this Agreement will be construed to give the other party the power to direct or control the day-to-day activities of the other party or its employees. Games of chance may have some skill, and games of skill may have some chance, however, most U.S. courts use either the predominance test or the material element test to look at the role that skill and chance each take in determining the outcome of the game. Class action waiver. When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in U.S. Bonus Funds. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR DEVELOPER PARTNERS, SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION OR OTHERWISE, EVEN IF WE OR OUR DEVELOPER PARTNERS, THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. Introducing the Mini SKILLZ Program! If the translated version means something different than the English version, then the English meaning will be the one that applies. Together with our developer partners, we reserve the right (but have no obligation) to monitor the location from which you access Services, and on behalf of our developer partners, we may block access from any Prohibited Jurisdiction. As agent for our developer partners, we may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. Skillz shall defend, indemnify, and hold Company, its officers, directors, employees, agents, representatives and Affiliates harmless from and against any and all third-party claims, actions, proceedings, and suits brought against any of the foregoing persons or entities, and pay all related third party liabilities, damages, judgments, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) to the extent arising out of or relating to a third-party claim that the Monetization Platform or SDK infringes or misappropriate such third party intellectual property right. Users are subject to the Skillz User Terms of Service and may have their account suspended or closed at any time. Legal positions vary greatly in scope and responsibility, but certain core skills are required for most of them. you have not entered at least one (1) tournament) for six (6) consecutive months or more, a maintenance fee of $2.00 per month may be charged (the “Monthly Maintenance Fee”). Dollars (US$10.00) to your credit limit, even if the actual amount charged may be lower. You may also litigate any Dispute in small claims court in your county of residence or San Francisco, California, if the Dispute meets all requirements to be heard in the small claims court. The indemnified party shall promptly notify the indemnifying party in writing of any claim covered by this Section. The second part covers academic legal skills and provides advice on study … students setting out to acquire the skills that will make them top. Resources for students and lecturers are available below. You may not upload to, distribute, or otherwise publish any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. The failure of any party to enforce any of the provisions hereof will not be construed to be a waiver of the right of such party thereafter to enforce such provisions. Privacy Policy. Nothing in this Agreement shall be deemed to create a partnership or joint venture between the parties and neither Skillz nor Company shall hold itself out as the agent of the other, except as set forth in this Agreement. Mutual Termination Rights. Any attempt to gain unauthorized access to systems or any other user’s account, interfere with procedures or performance of Services, Software or the Website or deliberately damage or undermine the Services or Software is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of your Winnings. When you create an Account, you will be asked for a legitimate email address that you control and to create a password. “Confidential Information” means this Agreement, and all confidential or proprietary information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) hereunder, including information which is orally or visually disclosed to the Receiving Party. Other Claims. If any portion of the SDK or Monetization Platform, in the opinion of Skillz, is likely to or does become the subject of a claim of infringement or misappropriation, Skillz may, at its sole option and expense: (x) modify the SDK or Monetization Platform (as applicable) to be non-infringing, provided that such modification does not materially diminish the terms of usage of the Monetization Platform; (y) obtain for Company a right to continue using the SDK or Monetization Platform at no additional charge; or (z) terminate this Agreement upon notice to Company. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. You may not modify these Terms except in writing signed by both you and Skillz. 7.1. Skillz may modify, enhance, update or provide appropriate replacements for Monetization Services or any element thereof at any time, and remove functionalities or features of the Monetization Services at any time, and Skillz may suspend or stop providing Monetization Services altogether. Skillz may modify the Agreement at any time by posting such modifications to the Skillz affiliate website and/or Affiliate’s account homepage. When you enter a Cash Competition, US$0.01 (one U.S. cent) of Bonus Funds will be used to enter the competition for every US$0.10 (ten U.S. cents) spent on the Cash Competition entry fee. From the Effective Date through the later of either (i) the first anniversary of the Effective Date (even if such anniversary occurs after termination of this Agreement); or (ii) ninety (90) days after termination or expiration of this Agreement, Company shall not enter into any agreement with any third party that provides services similar to the Monetization Services or Monetization Platform, nor will Company offer to customers any in-Game competition functionality similar to the Monetization Services or Monetization Platform. Skillz has no responsibility to enforce these terms for the benefit of any user. If Skillz, in its sole discretion, determines that Affiliate’s display of Skillz Content on any given Affiliate URL may harm Skillz’ or its partners’ name or reputation, then Skillz may instruct Affiliate to remove such Skillz Content from such Affiliate URL, and Affiliate shall do so within 24 hours. As also detailed in the Privacy Policy, we may use emails, text messages, and push notifications to notify you when you win our developer partners’ Competitions, when a Competition you have entered has completed, and to let you know of special promotions, events and policy changes. Advanced fonts, java, tables, html or other programming codes or commands are not allowed in messages. To further remove randomness from games, Skillz has developed a sophisticated randomness replacement engine which can help “skillify” games that have some degree of chance embedded in them. 14.6. We receive, store and use all information that you submit to the Website and all information you submit in registering for and participating in Services, in accordance with the Privacy Policy, so please read it carefully. 8.11. Unless otherwise required by law, no refunds are given. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account in any Skillz-enabled game. For purposes of these Terms, “writing” does not mean an email nor an electronic/facsimile signature. This Section represents Skillz’s sole liability, and Company’s sole and exclusive remedy, regarding infringement or misappropriation of intellectual property rights. If you’re considering a career change, and you’re concerned that your background as a lawyer has made your skill set too specialized, you will want to think more broadly about what you can actually do. As a legal draftsman, you must possess superior writing skills and the best way to improve your writing skills is by writing more and more, more than you ever did in your entire life. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your submissions or content. Does the game’s format allow a skilled player to have a consistent advantage over a non-skilled competitor? We do not endorse, and specifically disclaim any responsibility or liability for, any publicly posted content. Additionally, real prize gameplay is currently not available in Maine and Indiana if playing cards are involved. How does Skillz work? Any notice required or permitted to be given by either party under this Agreement shall be in writing and shall be personally delivered or sent by a reputable overnight mail service (e.g., Federal Express), or by prepaid first class mail (certified or registered). These Affiliate Terms of Service define the relationship between SKILLZ, Inc. (“Skillz”) and you, the person registering, on behalf of yourself or the organization or entity that has authorized you to register for the Affiliate program (in either case, “Affiliate”) to exchange affiliate services and other valuable consideration with Skillz in accordance with these Terms of Service. To maintain User trust, Company and Company’s affiliates and their respective officers, directors, managers, partners, employees and agents may not enter tournament-based competitions against Users in the Modified Game. Playaz, with Timbaland, Magoo, N.E.R.D., Fam-Lay and Clipse. Affiliate will indemnify and hold harmless Skillz and its affiliates, licensors, employees, directors, officers, agents and customers from and against any and all claims, damages, losses, costs, liabilities and expenses, including without limitation attorneys’ fees, incurred by any of the foregoing persons or entities arising out of or relating to Affiliate’s performance and/or breach of this Agreement. 10.3. “Skillz Game” means any mobile game that includes one or more Skillz Tournaments. Winnings. Affiliate shall use reasonable and diligent efforts to actively promote and solicit consumer downloads of Skillz Games through Affiliate URLs on a continuing basis during the term of this Agreement, and shall comply with good business practices and all applicable laws and regulations, and shall conduct its business in a manner that will reflect favorably on the good name and reputation of Skillz and it products, and shall not make any representations, promises, warranties or guarantees with respect to Skillz products or services that are inconsistent with or supplemental to or greater than any representations and warranties published by Skillz. Software. Limitations and Obligations. You may only upload, send, and receive messages and material that is related to the subject matter of the public forums, complies with Applicable Laws, and conforms to any additional terms of service posted in the public forums. It is known that a group out of China and operating in the U.S. have a scam to beat other players almost all the time. The first part deals with sources of law and includes information on finding and using legislation, case law, books, journals, and official publications, making sure you understand where the law comes from, and how to use it. Appointment and License. This Section applies to any Dispute except for Disputes relating to the enforcement or validity of our intellectual property rights. 4.1. Withdrawals. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. They don’t shy from setting aside their managerial duties to perform clerical tasks, and always have their organization’s best interests in mind. 1.1. The term “Dispute” means any dispute, action or other controversy between you and us concerning these Terms, the Services or any product, service or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. Affiliate acknowledges that by reason of its relationship to Skillz hereunder, Affiliate will have access to certain information and materials concerning Skillz’ business, plans, customers, technology, services and products that is confidential or proprietary (“Confidential Information”). Future lawyers are, more than ever, being asked to come equipped with a new comprehension and understanding of businesses, the legal industry, technology, and, specifically, alongside a range of abilities and skills. Tracking and Reporting. 10.1. If you do not enter a Cash Competition within a continuous 60 day time period, all Bonus Funds in your account will be forfeited. To the extent we do not automatically own any Digital Asset, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Digital Assets, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. You represent and warrant to us and our developer partners that for the duration of these Terms you have (and will have) all the rights necessary for the Content you upload or share on the services and that the use of the Content, as contemplated in this Section will not violate any Applicable Laws. In no event must Company pay Skillz any amounts in respect of Net Revenue or the Revenue Share. Taxes. What is Skillz? Taxes. Bonus Funds can be used to enter Cash Competitions, but cannot be withdrawn or used for any other Service. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction. In the U.S., the legality of skill-based competitions is determined at a state level and Skillz has taken extensive measures to ensure that its products are in full compliance with all the applicable laws. Skillz is a platform that advances this trend, enabling skill-based multiplayer tournaments on mobile devices while offering gamers the ability to compete for real prizes. Non-U.S. To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with Skillz; (c) be physically located in a jurisdiction in which participation in the Competition you select is permitted and unrestricted by that state or country’s laws; and (d) at all times abide by these Terms. You may not network the Software among devices. 3.1. Are random events removed as much as possible. 14.3. Why it's legal? You acknowledge that if we or our developer partners cannot remotely access your Device, then the Software may no longer work, and this may prevent you from participating in Competitions or otherwise receiving Services. Please keep your username and password secret because you are responsible for all activity in your Account. You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If you are eligible to receive Winnings, in our capacity as agent for our developer partners, we may require that you provide proof that you are, or were at the time of your participation in the subject Competition, eligible to participate in accordance with these Terms and that your participation was in accordance with these Terms. Such technical support may require that we or our developer partners remotely access your device on which the Software is installed (“Device”). Affiliate will use Skillz’ then-current names for Skillz Games and Skillz Tournaments (but will not represent or imply that it is Skillz or is a part of Skillz) and will not add to, delete from or modify any Skillz Content without Skillz’ written approval. This Agreement constitutes the entire agreement and understanding of the parties and terminates and supersedes any and all prior agreements, arrangements and understandings, both oral and written, express or implied, between the parties hereto concerning the subject matter of this Agreement. If your Account is unilaterally closed or terminated for cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you. Company may display Advertisements preceding, following, or during any virtual currency tournament-based competitions that do not include a real money entry fee. Working as a paralegal means that you will be physically and virtually surrounded by books and documents. Using the Software and Services requires an Internet connection to our servers, and we (on behalf of our developer partners) or our developer partners may need to collect certain information from you and your Internet-enabled device (“Device”) in order to make the Software and Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Service from any Device that logs onto the Service using your Account. Why does it say cash play is not available in my area? Skillz is a marketplace platform that helps players discover mobile games and compete against other players around the world. Affiliate represents, warrants and covenants to Skillz as follows: (i) Affiliate’s execution and performance of this Agreement does and will not violate any judgment, writ, injunction, or order of any court, arbitrator, or governmental agency applicable to Affiliate, or conflict with, result in the breach of any provisions of or the termination of, or constitute a default under, any contractual or legal obligation or agreement to which Affiliate is a party or by which Affiliate or any of its assets or properties is or may be bound; (ii) Affiliate has the power and authority to execute, deliver, and perform its obligations under this Agreement in accordance with this Agreement; and (iii) Affiliate shall perform this Agreement only as specified hereunder, only for lawful purposes, conforming to all applicable laws and ethical business practices, and without knowingly violating any intellectual property, publicity, privacy, confidentiality, contractual or other right of any third party. Skillz uses the built-in GPS in a player’s smartphone in order to determine location and eligibility to play for real prizes. 14.4. 14.2. If Fees are charged to your Account, you agree to pay those Fees. SKILLZ WILL NOT BE LIABLE TO AFFILIATE FOR ANY LOST PROFITS, LOST DATA, COST OF SUBSTITUTE PRODUCTS OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED, AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER SKILLZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that we would be irreparably damaged if these Terms were not specifically enforced. Company shall not itself and shall not allow any third party to (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, user interface techniques or algorithms, file formats or programming or interoperability interfaces of the Monetization Services, the SDK or any portion thereof, (ii) remove any product identification, copyright or other notices, or (iii) modify the Monetization Services or the SDK or incorporate the Monetization Services or SDK into or with other software or services or make derivative works thereof, or (iv) take any action that would cause the Monetization Services or the SDK to be placed in the public domain. These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. You may litigate in small claims court whether or not you negotiated informally first. For your safety, you should never reveal any sensitive personal information in any Skillz-enabled public forums, message boards or chat features. Ownership. In conjunction with our developer partners, we strive to keep Services up and running; however, all online services suffer occasional disruptions and outages, and we are not responsible or liable for any disruption or loss you may suffer as a result. The term of this Agreement shall commence on the Effective Date and continue until terminated by either party as set forth in this Agreement (the “Term”). These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns. 1.3.1. During the Term, Skillz will pay Affiliate a Referral Fee equal to (i) Net Revenue received by Skillz during the applicable calendar month, multiplied by (ii) the percentage set forth in the Commission Schedule below, as determined by the aggregate total of Net Revenue received during such calendar month. If your funds are forfeited by you in accordance with this Section or Sections 2.1, 4, 7.3, 7.4, 7.5 or 8.9 hereof, these funds may be used to defray the costs of administration and enforcement of these Terms, allocated or disbursed such amounts to other Services or donated these funds. Skillz may modify the Agreement at any time by posting such modifications to the Skillz website (https://skillz.com/legal) and Company’s account homepage. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution. This Diploma in Office Admin and Legal Secretary Skills course is especially suitable for Secretaries and Administrators enthusiastic to work within a legal environment. Skillz Content may include third party content provided by Skillz to Affiliate. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the Software in any way to permit other products or information to interoperate with the Software. Changes will not apply retroactively and generally will become effective 14 days after they are posted or, if emailed, at the time Skillz sends that email. Remote Access and Updates. Neither party shall be liable to the other for delays or failures in performance resulting from causes beyond the reasonable control of that party. The parties consent to the personal and exclusive jurisdiction of courts located in Boston, Massachusetts. Information disclosed in chat rooms, message boards, gameplay dialogue or via eMessages is revealed to the public, and neither we, nor our developer partners, is responsible for information you choose to disclose to others. IN NO EVENT SHALL OUR DEVELOPER PARTNERS, SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES. 1.6. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence. As a registered user, you can update your account settings, including your email address, by logging into your Skillz Account inside any Skillz-enabled game and clicking “Account Settings”. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. Refund Policy. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN EFFECT TO THE MAXIMUM ALLOWED BY APPLICABLE LAW. ARBITRATION. Company represents and warrants that the Game and Content shall not contain, or contain links to, content which is unlawful, libelous, defamatory, or contrary to public policy. SKILLZ’ TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED REFERRAL FEES PAYABLE TO AFFILIATE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING AFFILIATES’ CAUSE OF ACTION. Some Services and Software may allow you to create digital objects, such as avatars. 6.4. If you don’t wish to be bound by the Terms, do not click “I accept” and do not register with Skillz (“Skillz”, “we” or “us”) and do not use the Services. Dollars into your Account for that Competition, then you are a “Non-Cash Player” with respect to such Competition. The Monthly Maintenance Fee will not be deducted from your Account if there are no funds in your Account. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. Fees and payments for Services that you pay to participate in Competitions (“Fees”) and billing procedures are detailed in the billing application. In order to calculate the Referral Fees, Skillz shall refer to Affiliate URLs used by Affiliate. Suspension. Skillz operates in full compliance with U.S. Federal and State laws, verifying the residency of anyone seeking to open an account and using IP address as well as other location-based services to determine a player’s eligibility for real prize competition. Arbitration procedure. What happens if someone logs in from a place where real prize gaming is not legal? PLEASE READ SECTION 14 CAREFULLY. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead.
Popeyes Chicken Recipe In Urdu, Mama Papa Papa, Koala Mask Template, Concrete Wall Section Detail Dwg, Tim Hortons Equipment, Kenneth San Jose Height, Ling Fish Nz Recipe, Alpena Led Light Bar Installation, Colt M4 22lr Handguard, Razer Gigantus V2 Medium, Molekule Vs Dyson,