STREAMLAYER SPORTA PRIVACY POLICY

This policy was last updated on September 11, 2023

STREAMLAYER PRIVACY POLICY

OVERVIEW

This privacy policy (the “Privacy Policy”) sets forth the policies and related practices of StreamLayer Inc. (“StreamLayer”, “we”, “us”, or “our”) with respect to the collection, storage, use, and disclosure of personal information from or about you on the websites, apps, and services where this Privacy Policy appears or is referenced  in connection with the operation of Sporta (the “Platform”) and offline where this Privacy Policy is referenced. Certain of our services may be subject to different privacy policies; this Privacy Policy does not apply to websites, services, platforms or applications that do not directly reference or incorporate this Privacy Policy, and also does not apply to websites that you might access by linking out from the Platform. This Privacy Policy does not cover information that does not identify you, nor does it cover the practices of the Platform’s customers. Customers who view or listen to you speak on the Platform, or view information you share on the Platform, might save that information outside of our Platform or products using other tools.

By using the Platform, you acknowledge that you have read and understand the terms of this Privacy Policy, and you consent to the collection, storage, use and disclosure of personal information described in this Privacy Policy.

StreamLayer reserves the right to amend this Privacy Policy from time to time in StreamLayer’s sole discretion. We will provide notice of any change in how we use or disclose personal information by placing notice of the revised Privacy Policy on the Platform or as otherwise required by law. Any changes to the Privacy Policy will be effective when the revised Privacy Policy is posted to the Platform, unless otherwise stated. Your continued use of, and access to, the Platform and/or the services made available through the Platform (the “Services”) subsequent to such change going into effect shall be deemed to be your acceptance of such change. We therefore encourage you to visit this Privacy Policy from time to time to make sure that you are aware of the current version and any changes that we may make.  Our Data Protection Officer is responsible for maintaining this Privacy Policy and overseeing our compliance with it.

The Platform is subject to United States laws, which may not afford the same level of protection as those in your country. By using the Platform, you hereby consent to your personal information being transferred to jurisdictions inside and outside of the United States of America.

Our Terms of Service, which incorporate by reference this Privacy Policy in its entirety, constitute a legally binding agreement between you and us that conditions your interaction with our Services, where and as permitted by applicable law. Please read this Privacy Policy carefully before submitting Personal Information to us. We reserve the right to terminate or limit your access to our Services.
 

INFORMATION COLLECTED

We (and the vendors and other parties we use to perform services on our behalf), collect, receive, and develop several categories of personal information about you: 

Contact Information, Registration and Verification Information, and Other Identifiers. For instance, to access certain Services, you may be asked to create an account (an “Account”) or provide certain personal information. To create an Account and to allow us to provide the Services to you, we may ask you to provide us with certain personal information, including, but not limited to, your name, age, username, telephone number, photograph, and email address. We also collect other identifiers you submit, such as social media handles, in connection with registering for programs or services. We may also collect a certification that you are at least 18 years old or older in jurisdictions in which the minimum age for use of the Services is 18 or greater.   

Commercial and Preference Information. For example, we may collect information about which types of services you are interested in, your purchase history, loyalty and reward program information, your activities on our Platform, your participation in promotional events, voluntary surveys, or other programs, and your preferences. We also collect your comments, reviews, questions, and suggestions that you post or submit to us. 

Location Data. We may collect information about your precise location and location coordinates, such as IP address, when you visit or otherwise use the Platform.  To access certain of the Services, you may be required to consent to the collection and use of certain information about your location, including the use of location-based services by us (or through our vendors acting on our behalf) and other operating software information that can be derived from a phone, tablet, any other mobile device, computer, or any other device or equipment (“Device”). Location data may include, but is not limited to, your IP address, zip code, Wi-Fi connection, or GPS data.  You may choose to limit the information we collect about your location by disabling or turning off certain features through the settings on your Device or as otherwise described in more detail in Section 7 of this Privacy Policy. If you limit our collection of location data, certain functionality of the Services or Platform may become impaired, disabled or inaccessible and your access and use of the Services and/or Platform may be limited, blocked and/or terminated.

Device, Internet and Network Activity Information. When you use or access the Platform, we may collect information about the Device and operating system you are using, including, device identifiers, MAC address, and your IP address. We might collect information about the site you visit when you leave us. We may collect and record Platform interaction information and other electronic communications and content from your use of the Platform (such as where a mobile app was downloaded, the date, time, and location of your use of the Platform, what features of Platform you visit or use, and what services, advertisements, features, content, and links you view, click on, and interact with).

Usage Information. We collect information about you and your use of the Services, including regarding your activity, such as which programs you watch and have watched, ads viewed (if applicable), search queries, and engagement with the interactive features available. Additional information that you provide to us, including through feedback, contact us forms, customer service phone calls (which may be recorded for quality assurance purposes, with your consent where required by applicable law), messages, emails, mail, messages in public chats, posts to public forums, blogs, or otherwise.

Payment Information. We, or our vendors, may collect your credit or debit card information, banking information, or other payment details that you provide in connection with your use of the Services. 

Audio/Visual Information.  We may also request that you provide a photograph or other image as part of your profile.

Information You Submit, Provide, or Post. For example, we collect messages, communications, emails, Sporta chat messages or message board posts, feedback and any other information you provide when you submit such data through our Platform. The decision to share such information is solely yours and you are solely responsible for any such information you choose to share. 

Inferences. Using the other pieces of personal information collected about you, we may draw inferences about you, reflecting what we believe to be your preferences, characteristics, predispositions, and attitudes.

DATA RETENTION

We retain your personal information for as long as necessary for our legal and business purposes, which includes, but is not limited to, any period of historic retention that may be required for regulatory purposes. We may retain your personal data for such necessary period of time to allow us to meet our regulatory, business, and legal obligations, enforce our agreements, and defend ourselves against any claims. To determine the retention period for personal information, we generally consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of the personal information, the purposes for which we process the personal information and whether we can achieve those purposes through other means, and what the law or regulations require us to do.
OUR PURPOSES FOR USING YOUR INFORMATION

We, together with our affiliates and vendors providing services to us or to you on our behalf, will use the above categories of personal information for the purpose of conducting our business and providing the Services and Platform as well as for the following purposes described below:

to fulfill and process financial transactions.
to provide the Services and Platform, including the software and any support to you.
to administer the Platform, such as troubleshooting, data analysis, testing, and prohibiting incompatible software or tools.
for identification, authentication, verification, and vetting purposes.
to verify whether you have registered with or enrolled in any self-exclusion bodies or programs, for responsible gaming reasons.
for statistical analysis and research.
to monitor use of the Platform and record information regarding the use of the Platform.
research and development.
to improve the functionality or operation of the Platform, and to customize your experience with us.
for marketing, market research, advertising, customer surveys and customer analysis; these may be for our own offers or for third-party offers we think you might find interesting; we may also use your information to serve you content and ads we think you may be interested in.
data analysis.
to comply with our or our affiliates’ licensing and regulatory requirements and any other obligations.
to secure and maintain the integrity of the Services, Platform and the data derived from them, and to help combat against security or privacy risks and fraudulent or harmful activity.
to confirm your geographic location.
To communicate with you about our relationship, including to respond to your questions or requests and to communicate regarding any prizing you may have won by playing interactive games or participating in other promotions in the Platform.
for safety and due diligence purposes, including to protect our company, customers and others.to detect or investigate illegal or otherwise prohibited conduct or attempts.
as otherwise required or permitted by law, or as we may notify you.
to create anonymized or aggregated data.

Loyalty and/or rewards program:

We may choose to offer a loyalty and/or rewards program to you at any time (“Loyalty Program”). Persons under the age of eighteen (18) are not permitted to sign up for or participate in the Loyalty Program and we reserve the right to verify age at any time for any reason and may decline to provide products, services or access rights to any person who does not have valid age identification.
If you sign up to participate in the Loyalty Program, further terms and conditions may apply to your participation and you will be required to affirmatively acknowledge your acceptance of such terms and conditions in connection with completing your Loyalty Program registration.
You are not required to become a Loyalty Program member, however, you will not be able to access all of the information, offers and promotions provided in connection with the Loyalty Program unless you become a registered member.
We will provide further guidance on how you can sign up to our Loyalty Program. If you sign up to become a member of the Loyalty Program, you agree: (i) to provide true, accurate, current and complete information about yourself (“Loyalty Registration Data”); and (ii) to maintain and promptly update the Loyalty Registration Data to keep it true, accurate, current and complete.

SOURCES OF PERSONAL INFORMATION

We and our vendors collect personal information about you from various sources, directly and indirectly, including from the following sources:

We collect personal information directly from you. For example, we collect information if you create an Account or otherwise use the Service, participate in a promotion or other program that we sponsor or co-promote, contact us, sign up for our communications, post a comment, interact with our gamification platform, communicate with us or other Customers, or send feedback, make a request, or complete a survey.

We receive personal information from vendors we hire to work on our behalf. For example, vendors that host or maintain our Platform, process payments, or send emails for us may give us information. Our marketing agencies, advertising technology vendors, and analytics providers may also provide us with information.

We receive information about you from other sources. Other parties may give us personal information about you. These other parties might include our affiliates, business, promotional and marketing partners, advertising platforms, and social media platforms that give us information they have collected either directly or indirectly from you. For instance, our promotional partners may give us personal information about you in connection with our program sponsorship. We may offer device- or operating system-based authentication such as fingerprint or face unlock as a log-in method of accessing the Platform or certain services. We are notified as to whether the authentication was successful, but we do not have access to the fingerprint or facial data.

Combined Personal Information. We may combine your information collected in connection with your use of the Services or the Platform or other products owned by StreamLayer with other information collected offline or that we receive from others (including our affiliates and marketing and promotional partners).
INFORMATION SHARING, DISCLOSURES AND RECIPIENTS

We may share the above-listed categories of personal information:

to any recipient if required to do so by law or by regulatory authority.
to any regulatory, licensing or self-regulated body or authority.
to payment vendors for the purposes of settling or making payment in connection with any transaction.
to our vendors, business partners, and other parties for marketing, promotional, advertising or analytics purposes.
to our professional advisors, which include lawyers, auditors, bankers, or other professional consultants, for business purposes.
to any successor to all or part of our business (and potential successors to all or part of our business in connection with the diligence process).
to any other party to comply with any law, regulation or any other requirement or comply with legal processes imposed on us or our affiliates (such as to respond to a court order, subpoena or warrant) and/or to protect and defend our rights or property or the rights or property of others.
to our parent, affiliates, subsidiaries, and related entities.
for the purposes of disaster recovery.
to other parties or vendors who provide products or services to us or on our behalf, including, without limitation, platform, hosting, and infrastructure services, customer support services, and identity verification services.
to any other party with your consent.
for other reasons we may describe to you from time to time or as permitted by applicable law.

In addition to the specific examples of disclosures listed above, we may disclose your personal information to our employees, employees of other companies affiliated with StreamLayer, our agents and to third party service providers who use your personal information to provide products and services to us in relation to your use of the Platform.

Disclosures with Others for Marketing Purposes.  We might share information with partners and other parties for advertising, marketing and promotional purposes, including parties who co-sponsor a promotion or game on the Platform and/or the Services. You will be notified in advance of any co-sponsored game where your information may be provided to a partner. Some of these parties may send you information about products or services by mail or email. 

YOU HAVE CHOICES ABOUT HOW WE USE YOUR PERSONAL INFORMATION

You can opt out of receiving our marketing messages. In accordance with applicable law, we may use your email address and phone number for the purpose of sending you news, promotions and other marketing offers from us in relation to our products and services, the Platform, and/or third-party products and services. If you no longer wish to receive marketing communications from us, you can unsubscribe by following the opt-out instructions included in the marketing communication that you receive or by contacting Customer Service for assistance at support@streamlayer.io. Even if you opt out of getting marketing messages, we will still send you transactional and relationship messages. These include responses to your questions and communications relating to your relationship with us.

You can control certain location tracking tools. To control the collection of your precise location on your Device, you can adjust the settings on your mobile device, such as by disabling location services.
YOUR CALIFORNIA PRIVACY RIGHTS

This Section applies only to residents of California. If you are a resident of California, you have the right to ask us one time each year if we have shared personal information with others parties for their direct marketing purposes. To make a request, please submit your request in writing by email to support@streamlayer.io with "Shine the Light: Request for California Privacy Information" in the subject line and in the body of your message.

If you are a resident of California, you can also make the following more specific requests with respect to your personal information:

Access – You can request that we disclose to you the categories of personal information we collected about you, the categories of sources from which we collected the personal information, the categories of personal information we sold or disclosed, our business or commercial purpose for collecting and selling the personal information, the categories of third parties with whom we shared the personal information, and the specific pieces of personal information we collected about you over the past 12 months.
Deletion – You can request that we delete your personal information that we maintain about you, subject to certain exceptions.
Do Not Sell My Personal Information – You can request that we not sell your personal information. For purposes of this Section of the Privacy Policy, “sell” means the sale of your personal information to an outside party for monetary or other valuable consideration, subject to certain exceptions set forth in applicable California law.  Note that if you make a request to opt-out of the sale of your personal information, if you would like to opt-out of cookie-based or app-based tracking for advertising purposes, you will need to set your preferences as described herein.  Your opt-out of cookie-based tracking for advertising purposes is specific to the device, website, and browser you are using, and is deleted whenever you clear your browser’s cache or cookies. Your opt-out of mobile app tracking is specific to the device you are using.
Notice of Financial Incentives. From time to time, we may offer financial incentives in connection with the collection or use of personal information related to our loyalty programs. The material terms of the financial incentive will generally be presented to you at the time you sign up. You may withdraw from any financial incentive at any time by emailing us at support@streamlayer.io.We will not discriminate against you because you made any of these requests.

California residents can make these requests by contacting us by email at  support@streamlayer.io. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, to process transactions and facilitate customer requests or as may be required for regulatory purposes, including to meet our regulatory and legal obligations and to defend ourselves against any claims. Except as otherwise provided by applicable California law, note that for purposes of these requests under this Section, “personal information” does not include information about StreamLayer’s employees, or about employees and other representatives of other entities we may interact with in a business capacity.

We will take reasonable steps to verify your identity prior to responding to certain of your requests. The verification steps may vary depending on the sensitivity of the personal information and whether you have an account with us. 

California residents may designate an authorized agent to make a request on their behalf. When submitting the request, please ensure the authorized agent is identified as an authorized agent. 

For purposes of California residents making these requests, please also note the following regarding how we collect, use, and share your personal information as described in this Privacy Policy, including in the previous 12 months:

We may collect, use, and disclose, for our business and commercial purposes, categories of personal information as set forth in applicable California law, including: Identifiers; payment and customer records information; characteristics of protected classifications under California or federal law (such as demographic information like age and gender); commercial information;; internet or other electronic network activity information; geolocation data; audio, electronic, and visual information; and inferences.  See Section 2 above for additional details.
We collect and use these categories of personal information for the business and commercial purposes described in Section 4 of this Privacy Policy.
We collect these categories of personal information from the sources described in Section 5 of this Privacy Policy.
We may disclose each of the foregoing categories of personal information for the business and commercial purposes described in this Privacy Policy to the extent permitted by applicable law to the categories of third parties as described in Section 6 of this Privacy Policy.
We may “sell” certain categories of personal information to those categories of third parties described in Section 6 of this Privacy Policy.  The categories of personal information we sell or disclose to these third parties may include personal identifiers, user account information, information regarding the products or Services used, purchased, obtained, or considered, internet and Platform usage information, customer records information, demographic information, commercial information, geolocation data, inferences, and other information you provide when you interact with the Platform.  Like many organizations, we engage services that deliver or assist in delivering interest-based advertisements to you and, in connection with such advertising, we may make available or transfer such personal information to our marketing partners and other parties including entities that perform advertising or analytics services.

From time to time, we may collect personal information in connection with a promotion, offer or discount. Our offers and incentives generally reflect the value of the relationships that we have with the individuals who participate in these programs. Participation in these programs is voluntary and you may withdraw at any time by emailing us at support@streamlayer.io. 

YOUR RIGHTS IN RELATION TO YOUR INFORMATION

Right to Request Information About You. You can contact us to request to review, change, obtain a copy of your information or to request to have your details altered or corrected in accordance with your rights under applicable law. In this event, we may require evidence of and be satisfied as to your identity before we take any requested action. You can contact us to update your information by contacting Customer Service for assistance at support@streamlayer.io. 

In relation to your personal information collected under this Privacy Policy you may:

request that we cease processing of your personal information that is likely to cause or is causing damage or distress; and
request, in certain circumstances, to have inaccurate personal information rectified, blocked, erased or destroyed.

We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations.

SECURITY

We have undertaken efforts to protect the confidentiality of the information we have collected through the Platform. However, the Internet is not 100% secure. We cannot promise that your use of our Platform will be completely safe. Any transmission of your data to our Platform is at your own risk. We encourage you to use caution when using the Internet.

What Else Can You Do? You should also play your part in protecting your personal information. Your login credentials are confidential and you are obliged to keep your login credentials secret and confidential at all times and to use your best efforts to protect their security, secrecy and confidentiality.
THE PLATFORM IS NOT INTENDED FOR MINORS

The Platform is meant for adults. We do not knowingly collect personal information from individuals under 18. If you are a parent or legal guardian and think your minor has given us information, you can contact us at support@streamlayer.io.
THIRD PARTY GOODS AND SERVICES

If you click on a link to a third-party app or website, you will be taken to another platform we do not control. This Privacy Policy does not apply to the privacy practices of that app, website or service, which may collect information from you. Read the privacy policies of other platforms carefully. We are not responsible for these third-party apps, websites or services or their policies.
CONTACT INFORMATION

If you have any comments, concerns, complaints, or questions regarding our Privacy Policy or the Platform, or for more information, please contact us by email at support@streamlayer.io or write to us at StreamLayer Inc., 515 N. State St., Suite 1400 Chicago, IL 60645.

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Effective Date: August 28, 2023

STREAMLAYER TERMS OF SERVICE

These Terms of Service (these “Terms”) are agreed to between StreamLayer, Inc., a Delaware corporation and operators of Sporta (“StreamLayer,” “we,” “our,” or “us”), on behalf of ourselves and our affiliates, and you.

These Terms, together with the Privacy Policy set forth the terms and conditions that apply to your access and use of the StreamLayer website at streamlayer.io, the Sporta App and all other sites, mobile sites, services, applications, platforms, and tools where these Terms, or any portion thereof, appear or are linked (collectively, the “Services”). You and other individuals or entities using the Services are collectively referred to as “Users.”

Please carefully read these Terms before using our Services. By using or accessing our Services, you agree that you have read and agree to be bound by these Terms. If you do not agree to these Terms, or do not meet the qualifications included in these Terms, StreamLayer is not willing to provide you with access or use of the Services, and you must not access or use the Services.

StreamLayer reserves the right to amend or modify these Terms and to impose new or additional terms or conditions on your use of the Services, at any time, whether by making those modifications available through the Services or by providing notice to you. Any such changes or additions shall be effective immediately following posting through the Services or delivery of such notice. You may cease using the Services or terminate these Terms at any time if you do not agree to any modification. However, your continued use of the Services following the posting of changes to these Terms will be deemed acceptance of any modifications.

1. OWNERSHIP AND USE RESTRICTIONS.

The Services are owned and operated by StreamLayer and its service providers acting on its behalf. StreamLayer, its service providers, and their respective operators, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the “Operators.”

The Services are intended for use by Users 13 years of age and older. If you are under 18, you may use these Services only with permission and supervision of a parent or guardian.

The content and materials contained within the Services (including, without limitation, video, audio, photos, text, images, graphics, data, statistics, updated scores and results, logos, and all copyrights and intellectual property related to the Services, StreamLayer, and the StreamLayer sponsors, licensees, and other affiliates) (the “Content”) are proprietary to StreamLayer. You may download one copy of any Content of material displayed on the Services to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on the materials. However, modification or use of the Materials in any other manner is a violation of the Operators’ copyright and other intellectual property rights. The Content may also not be reproduced, republished, uploaded, posted, transmitted, distributed, copied, publicly performed, publicly displayed, or otherwise used in any manner, except as expressly provided in these Terms, without the express written permission of StreamLayer. The Operators maintain the Services for your personal entertainment, information, education, and communication.

The word marks and logos of StreamLayer and Sporta are proprietary to StreamLayer. All other word marks and logos (“Trademarks”) appearing in the Services are Trademarks of their respective owners.

Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any StreamLayer Trademarks or Trademark displayed in the Services in any manner without the express written permission of its respective owner. Any use of the StreamLayer Trademarks and/or Trademarks displayed in the Services, or any other Content, except as provided in these Terms, is strictly prohibited.

The Services, and the databases, software, hardware, and other technology used by or on our behalf to operate the Services, and the structure, organization, and underlying data, information, and software code thereof (collectively, the “Technology”), may constitute confidential trade secrets of StreamLayer. You shall have no rights to the Technology.

2. THIRD PARTY CONTENT

The Services may contain links to third-party websites and services. StreamLayer provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that StreamLayer has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. StreamLayer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services. At times you may be offered advertising or promotions that encourage you to link out to a third party website while using the Services. StreamLayer is not responsible for the content, experience, or privacy policies of such third party websites and you should consult the terms of such sites for their own information and policies.

Video Content displayed through Sporta is licensed from third-party “Content Partners with whom StreamLayer has a relationship. The Content Partners are the owners of their own Content and associated copyrights and trademarks.

3. PROHIBITED CONDUCT

You agree not to:

A. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;

B. Violate or encourage others to violate the rights of third parties, including intellectual property rights;

C. Interfere in any way with security-related features of the Services;

D. Access, monitor, or copy any Content or information from the Services using any data mining, robots, scraping, similar data gathering or extraction methods, or collect, manually or through automatic processes, information about other Users for any purpose without StreamLayer’s express written permission and the express permission of the Users;

E. Access or attempt to access the Technology, except as expressly provided in these Terms;

F. Copy, modify, decompose, decompile, reverse engineer, disassemble, deconstruct, or create derivative works from the Technology;

G. Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other Users without permission, or falsifying your identity or any information about you, including age or date of birth; or

H. Sell or otherwise transfer the access granted herein.

4. ACCOUNT REGISTRATION

In order to access certain features of the Services, you may be required to register for an account (“Account”) with StreamLayer by providing certain identifying information about yourself, which may include, but is not limited to, your name, email address, date of birth, gender, credit card number, billing address, telephone number, and other contact information, and to create a username and password (“Registration Information”). Please review StreamLayer’s Privacy Policy for an explanation of how such information may be collected and used. Approval of your request to establish an Account will be at our sole discretion. When registering for and maintaining an Account, you expressly agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from StreamLayer for any purpose. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other Users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your Account is no longer secure, you must immediately notify us at support@streamlayer.io. In addition to all other rights available to us, including those set forth in these Terms, StreamLayer reserves the right, at our sole discretion, to terminate your Account and refuse Services to you.

5. MESSAGE FEATURES AND SUBMISSIONS

A. The Services may offer opportunities for you to make submissions through the Services (i.e., user-generated content), including through messages, comments, or forums to communicate with other Users about various Content featured on the Services (each, a “Submission” collectively “Submissions”). These Submissions may include creative ideas, concepts, know-how, techniques, suggestions, content, or materials (including, without limitation, video, audio, photos, text, data, images, and graphics).

B. You are solely responsible for all Submissions that you provide through the Services. You represent and warrant to us that neither your Submissions, nor the use of your Submissions by us as permitted herein, will: (i) violate these Terms or any local, state, national, or international law; (ii) be defamatory, libelous, slanderous, obscene, abusive, pornographic, harmful, profane, dangerous, or inaccurate; (iii) infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy, or any other proprietary right; (iv) be otherwise illegal, offensive, or inappropriate, including by advocating or encouraging conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law; (v) contain confidential information that may not be read or intercepted by others; (vi) contain advertising, promotions, or commercial solicitations of any kind; (vii) constitute or contain false or misleading indications of origin or statements of fact; (viii) be considered junk mail, “spam,” a part of a pyramid scheme, a disruptive commercial message, or disruptive advertisement; (ix) contain any virus, Trojan horse, worm, time bomb, cancelbot, robot, spider, or other similar harmful or deleterious programming routine; (x) attempt to disable, bypass, modify, defeat, or otherwise circumvent any security tools used by the Services; or (xi) assist any third party in engaging in any activity set out in this list above or otherwise prohibited by these Terms. You acknowledge and agree that you relinquish all ownership rights in any Submissions that you make through our Services and that StreamLayer reserves the right (but has no obligation) to monitor, remove, or modify any of your Submissions and that we may publish, transmit, display, or disclose your Submissions to any third party.

C. In addition to any other rights granted to us under these Terms, by transmitting any Submission through our Services, you are granting the Operators a perpetual, royalty-free, non-exclusive, sub-licensable, fully paid-up, unrestricted, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, and display each such Submission, in whole or in part, in any form, media, or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes. This means that anything submitted by you to the Services will be used exclusively by StreamLayer and may be used by the Operators for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of StreamLayer. The Operators shall also have the right, but not the obligation, to use your name in connection with your Submission without seeking or receiving your further consent.

D. You represent and warrant that your Submissions are accurate and that you own or otherwise control all rights necessary for you to grant the licenses in this Section, including but not limited to permission from or on behalf of any individuals that appear in your Submissions for us to use their name, image, voice, and/or likeness without compensation to you or any other person or entity. You agree that you are solely responsible for your Submissions and for any consequences of submitting them to our Services.

6. TERMINATION

The Operators may, at their sole discretion, change, suspend, or discontinue any aspect of the Services at any time with or without notice, including the availability of any of the Services’ features, databases, or content. If you violate these Terms, your permission to use the Services will automatically terminate. In addition, the Operators may, at their sole discretion, decline service, suspend, or terminate your Account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your Account at any time by contacting StreamLayer at support@streamlayer.io. After your Account is terminated, information and content previously provided by you will no longer be accessible through your Account, but StreamLayer may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.

7. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY.

Although the Operator seeks to maintain safe, secure, accurate, and well-functioning Services, we cannot guarantee the continuous operation of or access to our Services, and there may at times be inadvertent technical or factual errors or inaccuracies. The Operators make no representation that the materials contained in the Services are appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdictions. If you choose to access the Services, you do so on your own initiative and risk and are responsible for compliance with all applicable laws and regulations. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ON BEHALF OF THE OPERATORS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATORS MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SERVICES IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE, OR TIMELY, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SERVICES AT YOUR SOLE RISK.

8. INDEMNIFICATION.

You hereby agree that you will be personally responsible for your use of the Services and you agree to defend, indemnify, and hold the Operators and each of their respective members, operators, directors, officers, employees, shareholders, agents, affiliates, and representatives harmless from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ fees and court costs) arising out of or relating to: (i) your use of the Services; (ii) any of your Submissions; (iii) any violation of these Terms or the Privacy Policy; (iv) your violation of any applicable local, state, national, or international law, or of any third party’s rights; and (v) any disputes or issues between you and any third party. StreamLayer reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

9. CHOICE OF LAW.

These Terms shall be construed and controlled by the laws of the State of Illinois, United States of America, without regard to conflict of law principles. Subject to Section 10, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and StreamLayer agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within the County of Cook, State of Illinois, for the purpose of litigating all such disputes, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Operators will be entitled to recover their court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of these Terms.

10. ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH STREAMLAYER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

A. In the interest of resolving disputes between you and StreamLayer in the most expedient and cost-effective manner, you and StreamLayer agree to resolve any and all disputes, claims, or controversies arising out of or relating to the Terms, the breach thereof, or any use of the Services (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, through binding arbitration instead of in courts of general jurisdiction. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq.

B. The arbitrator shall have authority to award the same damages and relief that a judge in a court of law would have, provided that the arbitrator shall not have authority to award punitive damages unless authorized to do so by statute. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s Claim(s). Any relief awarded cannot affect other Users.

C. YOU AND STREAMLAYER AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

D. This Section shall apply, without limitation, to all Claims that arose or were asserted before the Effective Date of these Terms and shall survive termination of your relationship with StreamLayer. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide StreamLayer with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.

11. TRANSACTIONS

If you wish to purchase any offers (each a “Transaction”) available through the Services, you may be asked to supply certain Transaction Information. You represent and warrant that you have the legal right to use any Transaction Information provided in connection with any Transaction. By submitting Transaction Information to us, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of Transaction Information may be required prior to the acknowledgment or completion of any Transaction. For more information about how we may use and protect your Transaction Information, please review StreamLayer’s Privacy Policy.

12. PROMOTIONS

StreamLayer may occasionally promote deals or other limited-time offers (“Promotions”). The specific terms of each Promotion shall be provided at the time the Promotion is offered. Each Promotion may be different and Promotions cannot be combined. StreamLayer reserves the right to limit availability of and eligibility for Promotions and to terminate Promotions at any time, at our sole discretion. You may be required to provide Transaction Information when you sign up for a Promotion.

13. LOYALTY PROGRAM

StreamLayer may introduce at its own discretion, a loyalty program (“Program”) encouraging and rewarding certain behavior within the Sporta app. By enrolling in the Program you agree that you have read and agree to be bound by these Terms. All Program benefits, amenities, offers, prizes and services are subject to availability and may be changed by StreamLayer at any time without notice. StreamLayer reserves the right to terminate the Program, in whole or in part, with six months’ advance notice to all members of the Program (“Members”) and with less than six months’ notice in any jurisdiction if required to do so by applicable law. At StreamLayer’s sole discretion, it may choose to make changes to the Program or substitute a similar loyalty program for the Program at any time immediately upon notice to active Members. If the Program is terminated, all unredeemed Program points (“Points”) will be forfeited without any obligation or liability, and no prizes earned by Members in connection with the Program (“Prizes”) will be honored after the conclusion of the notice period. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining the Program, you hereby agree to be bound by any such changed Terms.

14. CONTESTS AND SWEEPSTAKES

StreamLayer may, from time to time, offer in-app games and contests where users can earn points based on their behavior within the Sporta app. Examples include earning points for correctly answering trivia questions or other in-app activity. In each such case, the overall rules can be found at LINK, and the specific rules for the contest will be available in the Sporta app, StreamLayer will be the sponsor of the contest, and Apple will not be involved in any way. To the extent that StreamLayer or a partner offers the opportunity to enter a sweepstakes from within the Sporta app, the terms and conditions of each such sweepstakes will be clearly marked and available within the app, and in no such case will Apple be involved in any capacity.

15. PARTICIPATION

The Services may offer you opportunities to vote, predict, and otherwise participate in interactive conversations. By participating in any such interactive features, you signify your agreement to all special terms and voting guidelines set forth by the Services applicable to that event as well as in these Terms.

16. SMS MARKETING

If you consent to receive marketing communications made by text message from StreamLayer and the Services, or from a third party acting on our behalf, messages may be sent on a semi-weekly basis and message and data rates may apply. Consenting to receive marketing communications is not required to obtain any good or service. If you do not want to learn about products and services we or our partners offer, you can visit message support@streamlayer.io to opt out.

17. MISCELLANEOUS

These Terms constitute the entire agreement between you and the Operators and supersedes all prior and contemporaneous written or oral agreements, proposals, or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms, and your use of the Services after such amendment is posted will constitute acceptance of it by you. The section headings in these Terms are for convenience only and may not be given any legal import. If any provision of these Terms is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

We may assign these Terms in whole or in part at any time without your consent. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise), without StreamLayer’s prior written consent. In the event that StreamLayer is acquired by or merges with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws, or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Our failure or delay to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Except as specified in these Terms, StreamLayer support staff or other StreamLayer employees do not have the authority to amend any of these Terms or to bind StreamLayer to any legal or other obligation not already set forth in these Terms.

18. FORCE MAJEURE

StreamLayer will not be liable for failing to perform under these Terms by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider to StreamLayer to perform, fire, terrorism, natural disaster, epidemic, pandemic, or war.

19. ACCEPTANCE OF TERMS

By using the Services, you affirm that you are at least 18 years of age and are fully able and competent to enter into these Terms and Privacy Policy in their entirety. If you do not agree with the terms included herein, you must not use the Services. StreamLayer may change these Terms at any time and in any manner, and your use of the Services after such changes are posted shall be deemed to indicate your acceptance thereto.

20. CONTACT INFORMATION

If you have questions or comments about these Terms, please contact support@streamlayer.io.

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STREAMLAYER SPORTA PRIVACY POLICY

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