Last Updated: July 28, 2026
These Terms of Use (the “Terms of Use”) apply to the Yomo application, website(s) located at yomo.xyz and any successor website, subdomain, subsite, or mobile application which links to or references these Terms of Use (the “Online Services” or “ Sites,” with each a “Site”), which are owned and operated by or on behalf of Cheddr Picks Inc., as they relate to the Yomo platform, games and contests (“ Yomo,” “Company,” “we”, “us”, or “our”).
The Sites provide users with access to information and materials about Company, and the products and services offered by Company, along with Games or Contests (as defined below) and other services (“ Services” and each a “Service”). The Sites also contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Company, Games and Services, and the Company’s suppliers, distributors, and retail sales channels, “Content”). The Online Services, Content, Games, and other services available through the Online Services are collectively referred to as the “Online Services” in these Terms of Use.
PLEASE NOTE: Your access to and use of the Online Services is subject to these Terms of Use, as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Online Services or any information, Content or Games and Services contained on the Online Services. Your access to and use of the Online Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented or updated by Company from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use the Online Services after such changes are posted; provided, however, that the Company may provide notice by means of conspicuous alert or notification displayed on the Online Services in the case of substantial revisions. Unless otherwise indicated, any new Content, Games, or Services added to the Online Services will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Online Services and these Terms of Use periodically for updates and changes. If you are using the Online Services on behalf of a legal entity, you represent that you are authorized to enter into and agree to these Terms of Use on behalf of that legal entity.
THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION IN SOME SITUATIONS, WHICH MEANS THAT YOU MAY HAVE TO SUBMIT ANY DISPUTE RELATED TO THESE TERMS OR THE SITES OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THESE TERMS OF USE ALSO INCLUDE CLASS ACTION AND JURY TRIAL WAIVERS, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION AND WAIVE YOUR RIGHT TO A TRIAL BY JURY. DO NOT ACCESS OR USE ANY OF THE ONLINE SERVICES IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY.
If you have any questions or concerns about these Terms of Use, please contact us at support@yomo.xyz. We will attempt to respond to your questions or concerns promptly after we receive them.
Use of the Online Services is strictly limited to legal U.S. residents who are at least eighteen (18), nineteen (19), or twenty-one (21) years old ("Minimum Age"), depending on the jurisdiction in which you are present, legally allowed to participate in the Contests (as defined below) and access the Online Services, not classified as a prohibited person, self-excluded, or otherwise excluded, physically located within the United States, and are permitted to participate according to these Terms and subject to applicable official game rules provided on the Online Services (“ Game Rules”). Residents of the Excluded Jurisdictions are not eligible to participate in paid-entry Contests.
Except as otherwise provided herein, the following individuals are not eligible to participate:
Employees, officers, directors, and contractors of Yomo and its parents, subsidiaries, affiliates, promotional partners, or marketing agencies, as well as members of their immediate families (spouse, parents, siblings, and children, whether by blood, marriage, or adoption) and any individuals residing in the same household for at least three (3) months in a calendar year, are not eligible to win Game Prizes (as defined below). Such individuals may participate for testing or quality-assurance purposes only and may not redeem or receive any Game Prize.
For purposes of prize redemption for free-to-play Games, Yomo may require you to provide contact and/or tax information and to confirm acceptance in writing within a timeframe disclosed in the Game Rules so that we may send you a prize.
If Yomo, in its sole discretion, determines that you do not meet the eligibility requirements of this Section, then you are not authorized to use the Online Services and your participation and any prize redemption may be suspended or terminated.
Subject to your compliance with these Terms of Use, Company hereby grants you a limited license to access and make personal use of these Online Services, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company (e.g., downloading of PDF forms, applications, etc.) (the “License”). This License is strictly for use in your personal capacity for recreational and entertainment purposes only. This License does not include any resale or commercial use of the Online Services or the Content; any derivative use of the Online Services or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Online Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without Company's express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Company's name(s) or service marks without the express written consent of their owners. We (or the respective third-party owners of Content) retain all right, title, and interest in the Online Services and any Content, features, Games and Services offered on these Online Services, including any and all intellectual property rights. Any software applications available on or through the Online Services are licensed, not sold, to you. The Company may assign these Terms of Use or any part of them without restrictions. You may not assign these Terms of Use or any part of them, nor transfer or sub-license your rights under this License, to any third party. We (or the respective third-party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Company.
The License includes a right to use virtual, in-game tokens (“Yomo Coins”), that may be provided for use on the Online Services. On the Sites, certain Games are played with free virtual coin-based tokens referred to as “Yomo Coins.” A license to use Yomo Coins is always available to play Games for free, and we may provide Yomo Coins upon sign-up, upon log-in to the Sites, as an award during gameplay, and at other times. Yomo Coins are always free and are not offered for purchase. No purchase or payment is ever required to play the Games or otherwise accepted on the Online Services. Yomo Coins are non-redeemable, non-transferrable, and carry no real money value. Yomo Coins cannot under any circumstance be redeemed for prizes. Yomo Coins will automatically expire in the event an Account becomes Dormant. For the purpose of these Terms “Dormant” means there has been no game play activity utilizing Yomo Coins for a consecutive period of sixty (60) days.
Generally, you may access the Sites in any state, territory, or jurisdiction. However, in order to enter and participate in paid-entry Games, you must be physically located within one of the states, territories, or jurisdictions in which Yomo operates and has made available for play for these types of Games (collectively, "Paid-Entry Jurisdictions," and each a " Paid-Entry Jurisdiction"). A full list of Paid-Entry Jurisdictions, which may be updated from time to time at Yomo’s sole discretion, can be found in the Game Rules for paid-entry games at yomo.xyz. "Excluded Jurisdiction(s)" shall mean the states, territories, and jurisdictions that are not Paid-Entry Jurisdictions.
As of the Effective Date, for Paid-Entry Jurisdictions, you must be at least the Minimum Age, depending on the Paid-Entry Jurisdiction in which you are present, to participate in Games or win Prizes offered through Games. You are responsible for consulting each Paid-Entry Jurisdiction's rules to determine the Minimum Age of eligibility, but in no instance may a User enter or participate in a Game or be eligible to win a prize offered if the User is less than the age specified below at the time of the contest. Please note, some states listed below may not offer Games at the time that you read these Terms.
For the Excluded Jurisdictions, you must be at least eighteen (18) or the minimum age of majority in the jurisdiction in which you are located at the time of use, if higher, to participate in the Game.
By creating an Account (as defined below), Depositing, claiming promotional funds, or entering a Contest, you are representing and warranting that:
If Yomo, in its sole discretion, determines that you do not meet the eligibility requirements of this Section, then you are not authorized to use the Online Service. Yomo may require you to provide proof of eligibility according to this Section 4 prior to submitting an entry, receiving a Prize, or withdrawing funds. This includes requiring an affidavit of eligibility or other verification information.
If Yomo otherwise determines that you do not meet the eligibility requirements of this Section, in addition to any rights that Yomo may have in law, equity, or created herein, Yomo reserves the right to terminate your Account, withhold or revoke the awarding of any Prizes associated with your Account, limit your ability to withdraw funds or to work with your bank and other financial institutions and partners to clawback funds you previously withdrew from Yomo. Yomo also reserves the right to withhold revoked Prizes to use in furtherance of its compliance, fraud prevention, or anti-money laundering efforts.
We also may conduct investigations for compliance with the Terms, including anti-fraud and/or integrity checks on playing patterns and Deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. As long as there are no pending investigations on your Account, you may close your Account and withdraw your Deposits and/or winnings at any time and for any reason.
Due to offers that are limited in time or availability, certain Games, as defined in this Section, and Services described on the Online Services may not be available to all users at all times. The Online Services will include official Rules governing the Games, as defined herein, and may provide certain summary descriptions or other helpful information regarding Games and Services. The Company attempts to be as accurate as possible; however, any such materials are intended to generally describe the Games and Services and are subject in all respects to the specific terms and conditions of the actual Game, product offering or service agreement to which they refer.
For the avoidance of doubt, in any instance where these Terms of Use and the Game Rules or any other summary description are in conflict, these Terms of Use control. The Company attempts to be as accurate as possible with our Games and Services descriptions. However, the Company does not warrant that such descriptions or other content of the Sites is accurate, complete, reliable, current, or error-free. If an awarded product offering is not as described, your sole remedy is to return it in unused condition. VALUE AND AVAILABILITY OF ANY ITEMS LISTED WITHIN AND ON THE ONLINE SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a Game, product offering or service on the Online Services does not imply that the Game, product offering or service is presently available. All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services.
Yomo offers free-to-play and paid entry skill-based event prediction contests on the Yomo platform that allow participants to compete head-to-head in predicting various real-world event-related outcomes (collectively, the “Games” or “Contests” and each a “ Game” or “Contest”). Contest participants must use their relative knowledge and skill about sports, entertainment or mixed topics to answer a fixed set of questions about such outcomes. Participants compete for a Prize fixed and known in advance to all Contest participants. For paid-entry Contests, all entry fees are fixed, known, and posted in advance of you submitting an entry. No purchase or payment is required or accepted to participate in the free-to-play Games. Games offered on the Yomo Sites may have their own Game Rules which are available on the Sites. It is your responsibility to read the Rules of a Game before playing. You must familiarize yourself with the applicable terms of play and read the relevant Rules before playing any Game. Current Game Rules are available here: yomo.xyz/official-game-rules.
The following rules shall apply to all Contests unless otherwise specified in the Game Rules on the Online Services:
In instances where there may be a direct conflict between these Terms and the Game Rules, the Terms control to the extent of the conflict. See this Section 5 for other interactions between the Game Rules and these Terms.
Entry fees vary from Contest to Contest. When you choose to enter a Contest and complete the entry submission process, the requisite entry fee will be debited from your Yomo Account. All payments are final. No refunds will be issued.
If a Contest requires an entry fee, the entry fee will be fixed, and the amount is published in advance on the Contest entry page. Contests with entry fees require users to maintain an in-app wallet, which is how a user pays the entry fee. To participate in the Contest with an entry fee, users must first deposit funds into their in-app wallet. When a user enters the Contest, the entry fee for the Contest is deducted from the user’s in-app wallet balance. If a user wins the Contest, the user’s winnings are credited back to the user’s in-app wallet and may be withdrawn.
To be eligible to enter any Contest or receive any Prize, you may be required to provide Yomo with additional documentation and/or information to verify your identity as the Account holder, and to provide proof that all eligibility requirements are met.
In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person named on the profile of the Account with which the entry was submitted, or if possession of the Account itself is contested and, in Yomo's sole opinion, sufficiently uncertain, the name in which the email address on file was registered with the email service provider. Yomo reserves the right not to award a Prize to an individual it believes in its sole discretion did not submit a winning entry.
Yomo Employees shall be eligible to enter private, employee-only contests not open to the public, to the extent allowed by applicable law. These are not considered Contests under the Terms.
By entering a Contest, you agree to be bound by the Terms, the Game Rules, and scoring as administered by Yomo, which shall be final and binding in all respects. If you engage in conduct or otherwise use any information Yomo deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants, Yomo at its sole discretion may disqualify you from a Contest, refuse to award benefits or Prizes, and/or require the return of any Prizes.
Prizes will only be awarded if a Game is completed. We reserve the right to cancel Games at any time. In the event of a cancellation, all entry fees will be refunded to the entrants except as specifically provided in these Terms. After each Game ends, the winners are announced (generally by the following day) but remain subject to final verification.
Each prediction question in a Contest includes clearly defined, objective resolution criteria and a pre-defined resolution source used to objectively verify the outcome. Resolution rules and sources are established at the time of Contest creation and disclosed before the contest is published. Outcomes are determined using the stated resolution source and criteria. However, Yomo reserves the right to use information from additional sources in order to resolve any uncertainty and ensure accuracy in determining the result of a prediction question. Yomo reserves the right to suspend resolution of any prediction question until any uncertainty can be resolved to Yomo’s reasonable satisfaction. If Yomo cannot resolve the uncertainty in resolution of the prediction question, Yomo may void the question and related Contest If an individual prediction question cannot be objectively resolved, that question will be voided for all participants. If an entire contest cannot be fairly resolved, the contest will be canceled. For Paid-Entry Contests, all entry fees will be refunded to users’ wallets.
Once winners are notified and Prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results.
Eligible users receive free Yomo Coins on a daily basis to play the Games that involve Yomo Coins and may be awarded additional Yomo Coins in connection with such Games. You may participate in the Games that require Yomo Coins to play only if you have sufficient Yomo Coins as indicated on your Yomo Coin balance on the Sites. Yomo Coins that have been submitted for play and accepted cannot be changed, withdrawn or cancelled, and the Yomo Coins will be drawn from your Yomo Coin balance instantly upon use. Yomo Coins may expiration if your account becomes Dormant. Yomo Coins are non-redeemable, non-transferrable, and carry no real money value. Yomo Coins cannot under any circumstance be redeemed for prizes.
Prizes and awards offered for each Contest ("Prizes," and each a " Prize") will be established, published, and made available to Users prior to submitting an entry.
Yomo will make all reasonable efforts to ensure that all Prizes are awarded and deposited within forty-eight (48) hours following the conclusion of each Contest.
Yomo may, in its sole and absolute discretion, require the User to execute a separate release of claims as a condition of being awarded any Prize, receiving any payout, or continuing to use the Yomo platform.
No substitution or transfer of Prizes is permitted except at our sole discretion. All Prizes are awarded as is and without warranty of any kind, express or implied, (including, without limitation, the implied warranty of merchantability or fitness for a particular purpose) by us. If a legal authority challenges the award and/or your receipt of a Prize, Yomo reserves the right in its sole discretion to revoke, cancel, suspend, substitute, or modify the award of such Prize. In all disputes arising out of the determination of the winner of its Contests, Yomo is the sole and final authority as to all determinations and adjudications of the results and/or winners of a Contest, and its actions are final and binding.
You acknowledge and agree that should we, in our sole and absolute discretion, determine that you did not comply with and or adhere to the Terms, in any way, we may disqualify you from any Contest entered, in which case any Prizes awarded to you as a result of said Contest will be immediately forfeited. You agree to cooperate with our efforts to reverse payments.
All monetary winnings will be deposited directly into your Account. Yomo rounds fractional amounts down to the nearest cent. Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon confirmation of the error. Any amounts mistakenly credited to your Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you. You grant Yomo the right to request that your bank freeze, seize, and/or reverse any funds that were derived from amounts awarded in error by Yomo.
We reserve the right to declare the result of any Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the prize table, win table, minimum or maximum odds or software. In the event of a discrepancy between the result showing on a Game or Online Services and Company’s or its affiliate’s server software, the result showing on Company’s or its affiliate’s server software will be the official and governing result.
To enter contests that require an entry fee you will be required to Deposit funds by any of the methods permitted on the Online Services. Such funds will be deposited into your Account upon actual receipt of the funds by Yomo.
Before participating in a Contest for an entry fee, users must successfully complete identity verification. Users must also complete the Know Your Customer (“KYC”) process before withdrawing winnings. If a user does not successfully complete KYC, the user will not be permitted to enter paid-entry Contests or withdraw funds.
We are not a bank and funds are not insured by any governmental agency. No interest is payable on amounts on deposit in your Account. All payments into your Account must be from a payment source on which you are the named Accountholder. It shall be a violation of these Terms for you to submit payment using any payment method for which you are not the named account holder. In addition, to be eligible to Deposit and play Contests, you must not be subject to backup withholding tax from the IRS or other government authority.
By Depositing or entering paid Contests, you agree to provide us with a valid full name, mailing address, date of birth, and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. While your Account is pending verification, you may be able to Deposit and participate in Contests, but you will not be able to withdraw any funds from your Account until verification is complete. If we are unable to verify you, we reserve the right to suspend your Account and withhold any funds until such time as we have been able to successfully verify you.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and Deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. If Yomo requests that a User completes and executes such an affidavit and the User fails to do so within ten (10) days, or Yomo otherwise determines that the User does not meet the eligibility requirements or is not in compliance with these Terms, Yomo reserves the right to terminate the entrant's Account and withhold or revoke the awarding of any Prizes associated with such Account. In such a situation, Yomo may pay out any withheld or revoked Prizes to the other entrants in the relevant Contest in a manner consistent with the rules of the Game.
If any Deposit is charged back, any winnings generated from Contests shall be invalidated, forfeited, and deducted from your Account balance or seized from any bank account into which you have deposited the Prizes. In addition, the amount of the initial Deposit will be invalidated, forfeited, and deducted from the Account balance. In the event that, following such deductions, your Account balance is in a negative balance, you expressly acknowledge and agree that such negative balance shall constitute an uncontestable debt payable by you to us, due and payable immediately. Yomo reserves the right to close your Account without notice should a Deposit be charged back.
As a User, you will have two (2) months from the date you create your Account to provide a preferred method of Deposit. You may request that a previously provided method of payment is removed from your Account no more than once in any calendar month, and no more than five (5) times over any twelve (12) month span. Additionally, Yomo may remove any method of Deposit at any time at Yomo's sole discretion and determination.
When you Deposit or earn winnings, your Deposits and winnings after Contests are completed and held in a separate, segregated bank account (the "Segregated Account"). These funds are not commingled with any other funds, including, but not limited to, the funds of the Company, and the Company has in place policies and procedures to ensure that Segregated Account funds remain segregated. Vendors, players, and creditors shall be aware that the funds in the Segregated Account do not belong to the Company or any associated Company subsidiary or trustee, although the Company is entitled to income accruing on the Segregated Account. Further, funds held in the Segregated Account are not available to creditors of the Company. The funds in the Segregated Account belong to you and other Users, subject to review for verification or evidence of fraud or other prohibited conduct as described above, and Yomo may not use them to cover its operating expenses or for other purposes. You will not receive interest or other income on the Segregated Account.
Players who believe that funds held by or their accounts with Yomo have been misallocated, compromised, or otherwise mishandled, may register a complaint with Yomo online by emailing support@yomo.xyz. Yomo shall use its best efforts to respond to such complaints within ten (10) days. If Yomo determines that the relief requested in the complaint will not be granted, its response will set forth the specific reasons therefore. If more information is required for the Company to process the complaint, the response will note the form and nature of the additional information needed.
From time to time, Yomo may provide you with promotional discounts or bonuses, for example, as an incentive to use the Online Services, to establish an Account, or to refer others to sign up with Yomo. Such promotional programs may be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided, promotional discounts are non-transferrable and cannot be withdrawn for cash.
Any bonuses or promotions that you do not apply to a Game (i.e., use) within ninety (90) days of receipt of the bonuses or promotions shall automatically terminate and become null and void, at Yomo's sole, unlimited discretion.
You may request a withdrawal of funds from the available cash balance in your Account at any time. You are the only person or entity authorized to withdraw funds from your Account. The minimum withdrawal is ten dollars ($10.00) (USD). Account holders with pending Deposits must wait until those funds clear before requesting a withdrawal. Withdrawals shall only be provided via an ACH bank transfer to your account, an OCT transfer via an eligible credit card company's push payment solution, or PayPal. Withdrawals that you make from your Account may bear the name of a Company subsidiary.
Users may withdraw their cash Prize awards as well as cash Deposits by using the "Withdrawal" option on the Site or App or by contacting customer support. Yomo has safeguards in place to prevent unauthorized withdrawals from User Accounts. You may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law), Knowledge Base Authentication verification, and/or appropriate tax forms and forms of identification as reasonably requested by Yomo in order to complete a withdrawal. If your identity and Account cannot be verified, Yomo will not release the funds from your Account. We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information either before permitting a withdrawal or at any point in time after a withdrawal if Yomo unilaterally determines that any such withdrawal(s) potentially violated either these Terms or any relevant federal, state, local, or international laws or regulations. Failure to comply with this requirement may result in disqualification and forfeiture of any Prizes as well as all monies withdrawn via the Online Services in perpetuity.
Processing of requested funds back may take up to five (5) business days, but Yomo reserves the right to freeze your Account and/or delay a request for withdrawal of funds for a reasonable period of time pending completion of any investigation of reported or suspected abuse based on a good faith belief of fraudulent conduct or conduct that would cause the Company to violate applicable law. In the event of such investigation, Yomo shall notify you of the nature of the investigation. Further, processing of funds may take up to ten (10) business days if Yomo, in its sole and unlimited discretion, determines that you must submit tax reporting paperwork related to the requested withdrawal. If you do not receive your withdrawal within five (5) business days, please contact customer support.
If your Account is closed by us for a violation of the Terms, we reserve the right to determine, in our sole determination, whether to declare as void any transaction placed by you. If a Prize has been awarded on a closed account due to fraud, Yomo may withhold the Prize, provided that the Prize is then awarded to another participant in the Contest who would have won the Prize had that User not participated. Further, if you have already withdrawn funds, whether Prizes or otherwise (e.g. other monies not won via Contests), that were, in the sole determination of Yomo, the result of a violation of these Terms and/or federal, state, local, or international law or regulation, then you grant Yomo the right to debit the bank account to which these funds were deposited without reservation and until Yomo recoups, in whole, any and all monies that you improperly withdrew. In such an event, we will first use your Account funds to defray the costs of administration and enforcement of the Terms.
You shall, at all times, maintain an account at a bank that is a member of the Federal Reserve ACH System (the "Bank Account"). You expressly authorize us to debit and/or credit the Bank Account according to these Terms. You further authorize us, as well as our third-party payment processors and all related banks, to process electronic funds transfers through the Bank Account you designate. You represent and warrant that you shall, at all times, maintain a sufficient balance in your Bank Account to cover all obligations owed to us pursuant to these Terms and further expressly waive all rights to dispute any attachment or other debt collection efforts undertaken by us and/or our assigns, agents, and partners in instances where you do not maintain a sufficient balance in your Bank Account to cover all obligations owed to us. Further, you expressly agree that we, and/or our third-party payment processors and related banks, may debit any such Bank Account held by, or on, your behalf, in order to satisfy any of your obligations to us that arise out of or in any way relate to these Terms, the Site, or your use of Yomo Services, including, without limitation, Deposits and Withdrawals. This authorization shall survive the termination of these Terms and shall continue in perpetuity until all of your obligations to us are paid in full, including, but not limited to, the obligations described in these Terms. If you wish to revoke your authorization for us to debit the Bank Account, you must submit that request, in writing, in the manner required for providing notice to Yomo as set forth in the Terms, at least twenty-four (24) hours prior to the origination of any transaction permitted by the Terms. You may not submit any such notice revoking authorization for us to debit the Bank Account at any point in time after originating the withdrawal.
To the extent allowed by law, if you, via your Account, have not entered a Contest, made a Deposit or a Withdrawal, or submitted a support ticket ("Account Activities") for eighteen (18) consecutive months, your Account will be deemed inactive ("Inactive Account "). Unless prohibited by applicable law, Yomo will charge a fee of four dollars ($4.00) (USD) per month on all Inactive Accounts ("Account Inactivity Fee") until the sooner of: (i) the Account is reactivated by one of the Account Activities; or (ii) the Account has a zero dollars ($0.00) balance. Yomo will provide all Users subject to an Account Inactivity Fee with at least thirty (30) days' notice prior to the first deduction of fees. This Section shall not be applicable to users in Massachusetts, New York, or other jurisdictions which maintain separate requirements for Inactive Accounts.
To the extent allowed by law, we reserve the right to transfer the account funds to an account payable and to suspend any further account statements. If we have had no other sufficient contact with you regarding an Inactive Account within the period specified by state law, the account will be presumed to be abandoned ("Abandoned Account"). Funds in Abandoned Accounts will be reported and remitted in accordance with state law. Once funds have been turned over to the state, we have no further liability to you for such funds and if you choose to reclaim such funds, you must comply with applicable laws governing the same.
Family members of deceased Users may contact Yomo to provide proof of the decedent's death. Yomo may in its sole discretion decide to report and remit the funds in the deceased User's account as an Abandoned Account prior to the time required to designate the account as an Inactive Account.
All Deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a Deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our Payment Processors (defined below) or your financial institution and you may be charged a service fee for such conversion. Please also be aware that our Payment Processors and/or your financial institution may use different conversion rates for deposit, withdrawal, and refund transactions. The conversion rate used is not under our control and we recommend that you contact your financial institution directly for more information.
Yomo uses third-party electronic payment processors and financial institutions (" Payment Processor(s)") to process deposits and/or payments for services or products offered via the Online Services. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Privacy Policy. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle payments and you irrevocably agree that Yomo may give such instructions on your behalf in accordance with your requests as submitted through the Online Services. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors' terms and conditions, then these Terms shall prevail. You further agree that Yomo is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with your use of the Online Services, except as a result of the recklessness or wanton disregard of Yomo or its employees.
Although the Online Services may provide information concerning Game usage and participation, it is not a substitute for advice from a qualified professional, and you should not act or refrain from acting on the basis of any content included in the Online Services without seeking advice from a qualified professional. It is your sole responsibility to ensure that at all times you comply with the laws that govern you and your use of any of the Online Services. You agree that the Online Services do not constitute any form of gambling, wagering or sports betting, and that you will not assert such a position or allow a third party to assert such position on your behalf. You also agree that you will not use the Online Services for or in connection with any illegal gaming or gambling or other illegal purpose. Company does not provide any advice or guidance or make any representation regarding the legality of any form of gaming or gambling in any given jurisdiction. You are solely responsible for compliance with all applicable laws regarding gaming, betting, or gambling in each jurisdiction where you engage in such activity, and we do not condone or authorize any form of illegal gaming or gambling.
Yomo Coins will automatically expire in the event an Account becomes Dormant.
To the extent permissible under law, you are responsible for any applicable taxes, which apply to your use of the Online Services. In accordance with Yomo's policy, and in compliance with United States Internal Revenue Service regulations, Yomo may be required to issue you a Form 1099-MISC, Miscellaneous Income (Form 1099) from the Internal Revenue Service (IRS) or other appropriate form. Depending on the jurisdiction in which you reside, Yomo may require you to complete a Form W-9, Request for Taxpayer Identification Number (TIN) and Certification and/or additional tax forms. This information will be used to file the Form 1099 with the IRS. Yomo reserves the right to suspend all account activity, including any payments and/or withdrawals, until a complete and valid IRS Form W-9 is provided. Yomo reserves the right to withhold (from your existing Account balance and/or from future net winnings) any amount required to be withheld by law. You remain solely responsible for filing and paying all federal, state, and other taxes in accordance with the laws that apply in your state, territory, jurisdiction, province, and/or country of residence. Further, it is your sole responsibility to provide Yomo, upon request, with all personal information necessary to submit a Form 1099-MISC. If you fail to provide all requested information and therefore prevent Yomo from filing all pertinent tax forms, including the Form 1099-MISC, then you bear all responsibility, and you indemnify, and hold harmless Yomo from any resulting liability, lawsuit, judgment, or any other action stemming from this failure. Yomo does not provide tax advice, nor should any statements in these Terms or on the Online Service be construed as tax advice.
Except as otherwise expressly stated, all Content appearing on the Online Services is the copyrighted work of Company or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Company and is protected by U.S. and international copyright laws.
You may download information from the Online Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from these Online Services, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Company does not warrant or represent that your use of Content, Games and Services or any other materials displayed on the Online Services will not infringe rights of third parties.
If you believe that any Content on the Online Services violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2) (the “Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act” or “DMCA :”), please notify us immediately at support@yomo.xyz with reasonably sufficient detail necessary for us to consider and respond to your complaint. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send Copyright infringement claim notices to support@yomo.xyz.
Any communication or other material (including any photograph, video, or other audio or visual work) submitted or posted to the Online Services (“Submission”) will be considered non-confidential. The Company is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion. Unless otherwise expressly stated in writing by the Company, no compensation will be paid with respect to the use of any Submission. The Company shall have no obligation to preserve, return or otherwise make available to you or others any Submission.
Company shall: (a) own, exclusively, all now known or later discovered rights to the Submission; and (b) be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission. The rights granted to the Company include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of your Submission.
You understand and intend that any Submission may be available for viewing, rating, review and comment on by the public, and understand that comments or ratings with which you disagree or are unhappy about may be published or otherwise become associated with any Submission. By providing your Submission to the Company, you hereby waive any privacy expectations that you may have with respect to any such Submission. You hereby agree to hold the Company and its affiliates, subsidiaries, licensees, sponsors and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on any the Company site, or any other use authorized under these Terms of Use, of your Submission.
Your privacy is important to us. We maintain our Privacy Policy at this website: yomo.xyz/privacy-policy. We agree to use your information in accordance with our Privacy Policy, and you consent and acknowledge that your information may be used in accordance with our Privacy Policy. We reserve the right to store all information transmitted via our Services and to use it in accordance with our Privacy Policy. We reserve the right to modify our Privacy Policy from time to time, effective upon posting the revised version on our Site. We encourage you to periodically check the Site for updates. If you disagree with anything in our Privacy Policy, you should cancel your subscription and discontinue using our Services.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use these Online Services, and Company reserves the right to change the access configuration of the Online Services at any time without prior notice.
In order to participate in Games and use the Online Services and/or access certain content or features of the Online Services, you may be required to register with Company and create an account (your “ Account”). We may ask for certain information, including your email address, phone number, birthdate, and username. Users must be the Minimum Age to open an Account, depending on the Eligible Jurisdiction in which you are present (as defined herein). It is your sole and ultimate responsibility as the User to provide honest and accurate information regarding your age and birthdate, and to know the minimum age to participate in Contests for the Eligible Jurisdiction in which you are located at any given time. You must not use domain names or web URLs in your username. Your Account gives you access to certain portions of the Online Services and functionality that Company may establish and maintain from time to time and in its sole discretion. By providing Company your email address you consent to our using the email address to send you notices related to the Online Services, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Online Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in the Account section of your profile. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You must provide accurate, complete, and updated registration information, identification details, and any other personal identifying information and/or form of authentication that Yomo may, in its sole and unlimited discretion, request, including, but not limited to, personal identifying, financial or banking information necessary for the purposes of: tax reporting, third party or regulatory audits, reports to any law enforcement or other governmental or quasi-governmental agency or otherwise to assist Yomo in the performance of its duties and obligations. To enter Contests that require an entry fee you will first need to deposit funds into your Account ("Deposit" or " Depositing"). In order to Deposit, you may be required to submit your billing information as well as additional personal, financial or banking information. If your Account information changes, then you must provide us with accurate and complete information.
You may not use a username that promotes a commercial venture or a username that Yomo, in its sole discretion, deems offensive or otherwise a violation of these Terms. Wiseguy Legion may require you to change your username or may unilaterally change your username.
You may control your user profile and how you interact with the Online Services by changing the settings in your Account Page.
You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Company prohibits the creation of, and you agree that you will not create an Account for anyone other than yourself. You also represent that all information you provide or provided to Company upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.
You agree that the sole and specific purpose of creating an Account on the Sites is to participate in Contests. Yomo shall be entitled to suspend, limit, deactivate, or terminate your Account, if we determine, in our sole discretion, that you are violating these Terms of Use; violating or conspiring to violate any local, state or federal law or regulation; depositing funds without the intention of using them in Contests; violating, or causing Yomo to violate any agreement it has with any third party, including payment processors and other financial institutions; or otherwise abusing or misusing the Online Services in any way whatsoever. We may also report such activity to relevant authorities and/or third-parties (including, but not limited to, Yomo’s vendors and partners, payment processors, banks, and credit card companies) and provide any and all of your personal, financial, banking, or other information we possess or have access to.
Each User may establish only one (1) Account. Users may not “co-own” or share Accounts. Users may not use or in any way control another person’s Account. Users shall not direct, control, or otherwise use another User’s Account in any manner whatsoever, including as a proxy for the User’s own Account, to make Contest entries, or to evade any restrictions, limitations, or suspensions placed on the User’s own Account. Further, Users may not use, direct, or control any Account other than their own for any purpose, including, but not limited to avoiding Account limits, suspensions, responsible gaming related limitations, evading other Account restriction(s) whether self-imposed or imposed by Yomo, or abusing promotional or bonus offerings, such as referral bonuses, for which each Account is eligible. The Account misuses and duplications described in this Section shall collectively be referred to as “ Multiaccounting”. Multiaccounting is a violation of these Terms of Use. In the event that Yomo, in its sole and unlimited discretion, determines that you have committed Multiaccounting, then, in addition to any other rights that Yomo may have at law, equity, or created herein, Yomo reserves the right to: (i) suspend or terminate any or all of your Accounts (and all other Accounts associated with the Multiaccounting); (ii) cancel any pending or in-progress entries made on the Accounts associated with the Multiaccounting; (iii) demand and/or seize all funds or Coins earned by you by participating in Contests during the time period of the Multiaccounting; (iv) terminate, withhold, or revoke the awarding of any prizes, including prizes that you have already withdrawn from your Account; (v) seize or remove all Coins, promotional balances, bonuses or free entries previously awarded to each Account(s); (vi) seize all real-money funds in the Account(s) at issue or earned by the User(s) at issue during the course of Multiaccounting; and (vii) report you to any relevant authorities for violation of state laws and regulations.
We reserve the right, in our sole discretion, to close your Account if it is inactive for a period of sixty days or longer and therefore Dormant. You agree that we are not required to give notice to You prior to taking such action, although we may choose to do so in our sole discretion.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210.
You may be able to access your account within the Online Services by using features such as fingerprint recognition, facial recognition, or other biometric input, which are specific to your computer or mobile device. These features are provided through your device’s built-in functionality, and Company has no responsibility for any misuse, unauthorized use, or failure of these features, either where such activity may prevent you from accessing your account or where such activity may permit an unauthorized third party to access your account. When you use these features, your biometric data is stored on your device and is not transferred to, processed, or stored by or on behalf of Company. Be aware that if you enable features such as fingerprint or facial recognition, anyone with a fingerprint or face profile stored on your device may have access to your information contained within the Online Services.
Any use or attempted use of the Online Services(i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Online Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Company, or (vii) any use other than the business purpose for which it was intended, is prohibited. We reserve the right to invalidate any results obtained through the use of the Games or Services in violation of these Terms of Use.
In addition, in connection with your use of the Online Services, you agree you will not:
Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement and Notice of Privacy Practices, Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
Company neither actively monitors general use of the Online Services under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through these Online Services. However, Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Company's sole discretion, may be illegal, may subject Company to liability, may violate these Terms of Use, or are, in the sole discretion of Company, inconsistent with Company's purpose for these Online Services.
To the extent that any of the Content included in the Online Services is provided by third party content providers or other users (including through any discussion board, forum, or live chat functionality), Company has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on the Online Services are those of such third-party suppliers or users, respectively. Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Online Services or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Company.
The Online Services may contain links to other sites or online services owned and operated by parties other than Company (“Third Party Links”). Such Third-Party Links are provided only for ready reference and ease of use. We do not control such sites or services and cannot be held responsible for their content or accuracy and do not endorse these sites or services unless we specifically so state. In the event the Online Services provide Third Party Links, you acknowledge and agree that Company is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third-party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. Company is under no obligation to maintain any link on the Online Services and may remove a link at any time in its sole discretion for any reason whatsoever. Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Company is not responsible for the privacy practices of any other websites.
Any Games, sweepstakes, contests, surveys or other similar promotions (collectively, " Promotions" and each a “Promotion”) made available through the Online Services will be governed by specific official rules that are separate from these Terms of Use, including, but not limited to, eligibility requirements, entry deadlines, prize notification and award, and scoring conditions (generally, “Rules”). Games and other contests may be offered on a weekly, monthly, or other periodic basis. Please refer to the applicable official Rules for each Promotion. By participating in any such Promotion, you will become subject to those Rules, which may vary from the terms and conditions set forth herein.
The Company urges you to read the applicable Rules, which are linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with any such Promotions. Prize winners may be required to confirm acceptance in writing within the timeframe set forth in the applicable Official Rules, or the prize may be forfeited. Please refer to the applicable Rules for each Game type
Content and other information contained on the Online Services has been prepared by Company as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. Company has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Online Services or any other Site maintained by Company. Users relying on Content or other information from the Online Services do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Games and Services, but are provided solely for general informational purposes; please refer to the relevant product or services agreement for complete terms and conditions. Should you purchase a product or service from Company or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of the Online Services does not affect that purchase in any manner.
Your use of the Online Services is at your sole risk. To the extent permitted by applicable law, all Online Services are provided on an “as is” or “as available” basis, and Company expressly disclaims all warranties and conditions of any kind whether express or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose, non-infringement, satisfactory quality, timely, accurate, or error-free operation, or freedom from computer virus or malicious code. Company makes no warranty that the Content is accurate, timely, uninterrupted, virus-free or error-free, or that any such problems will be corrected.
To the maximum extent permitted by law, in no event shall the Company (or our suppliers or licensors) be liable to you or any third party for any gambling losses, lost profits, lost revenue, lost income, loss of anticipated savings, loss of goodwill, lost data, corruption of data, inaccessibility of data, costs of procurement of substitute products, any failure, interruption, or delay (including the use of or inability to use any component of the Services, including any model) to access to or use of any Services, business interruption, or any indirect, consequential, exemplary, incidental, special, consequential or exemplary punitive damages that are directly or indirectly of any kind related to: (a) the Online Services; (b) any action taken, in connection with an investigation bylaw enforcement authorities regarding your or any other party's use of the Online Services; (c) any action taken in connection with copyright or other intellectual property owners; (d) any errors or omissions in the Online Services’ operation; or (e) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damages for loss of products, use, data or other intangible losses, or arising from or relating to these Terms or your use of, or inability to use any Services regardless of the form of action whether in contract, tort (including negligence), strict product liability, law, equity or otherwise, even if the Company has been advised of the possibilities possibility of those such damages, resulting from your. Access to, and use or inability to use of, the Online Services, products site and services or Content, the cost of obtaining substitute products and services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss or inaccessibility of data resulting from therefrom.
You expressly waive any loss of data, information, products and services obtained from purchases or transactions, or statements or conduct of any third party, or any other matter related to the Online Services, products and services or Content, even if a remedy set forth herein is found to have failed of its essential purpose. You understand and agree that your use of the Online Services is predicated upon your waiver of any right to sue Company and its affiliates directly or to participate in a class action suit for any losses or damages resulting from your use of the Online Services. Rights to bring a claim or cause of action under any gambling loss recovery act, or similar statutes, or otherwise challenge the legality of the platform or Services. The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Wiseguy Legion were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Services or any component thereof).
Your sole remedy for dissatisfaction with the Services is to discontinue using the Services or accessing the Site. In no event shall the Company's total liability to you for all damages, losses, or causes of action of any kind or nature whatsoever, regardless of the form of the action whether in contract, tort (including negligence), strict product liability, law, equity, or otherwise, exceed the amount you have personally paid the Company for providing the Services to you for the three (3) months prior to the first alleged act causing damages or fifty dollars ($50.00) (USD), whichever is greater. The existence of more than one claim will not enlarge this limit. In no event shall the Company be liable for any damages based upon the accuracy, completeness, security, reliability, availability, or errors of the Services or any factors or models or for the cost of procurement of substitute goods or services. You acknowledge that the Company has set its fees, and entered into these Terms in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth in these Terms, and that the same form an essential basis of the bargain between you and us. You agree that our suppliers and licensors will have no liability of any kind arising from or relating to these Terms.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
By accessing the Online Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
To the full extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Company, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees and litigation expenses) relating to or arising from these Online Services, your use of these Online Services, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.
In the event of a Service system malfunction, then all Game play on the Service will be void. In the event of an error or malfunction in a Game, then all Game play resulting from the error or malfunction will be voided. We reserve the right to remove any part of the Games from the Service at any time. Any part of the Games that indicate incorrect behavior affecting, game data, or Virtual Coins balances that may be due to error, misconfiguration or a bug, will be cancelled and removed from the Service. We reserve the right to alter player balances and Account details under such circumstances, at our sole discretion, in order to correct any mistake. We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but will not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension. We reserve the right to declare participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the prize table, win table, minimum or maximum odds or software. If you are incorrectly awarded any Virtual Coins or promotional prizes as a result of (a) any human error; (b) any bug, defect or error in the Service; or (c) the failure of any Games to operate in accordance with the rules of the relevant game, then We will not be liable to award you any such Virtual Coins or prizes, and you agree that any such Virtual Coins or prizes that have been awarded in error to your Account will be voided. We retain absolute discretion in the event of a discrepancy between the result showing on a user’s device and the server software. Such discretion includes the authority to recognize the result showing on the server software as the official and governing result.
We are committed to supporting responsible gameplay. Although we will use all reasonable efforts to enforce our responsible gameplay policies, we do not accept any responsibility or liability if you nevertheless continue gameplay or seek to use the Online Services with the intention of deliberately avoiding relevant measures in place or we are otherwise unable to enforce our policies for reasons outside of our reasonable control. We reserve the right to close any account that deliberately tries to circumvent agreed upon responsible gaming tools, i.e. creating a duplicate account while on a cool-off or during a self-exclusion period. Additionally, if we at any time feel that a user’s wellbeing is being compromised by their gameplay, we have the ability to deactivate such user’s account for a set period of time or indefinitely.
Any notices to you from Company regarding the Online Services or these Terms of Use will be posted on the Online Services or made by e-mail or regular mail.
When you visit the Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Online Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.
By providing your phone number to Yomo, you agree to receive informational SMS messages from or on behalf of Yomo to that number, including messages containing a code to access your account, even if your phone number is registered on any state or federal Do Not Call list. SMS messages may be sent using an automatic telephone dialing system or other automated technology. Message frequency may vary, and message and data rates may apply. You acknowledge that Yomo is not responsible for any delayed or undelivered SMS messages.
You may opt out of receiving SMS messages from or on behalf of Yomo at any time by replying to such a message with the word STOP. For support or assistance, reply to a message from or on behalf of Yomo with the word HELP.
ARBITRATION CLAUSE — IMPORTANT — PLEASE REVIEW — AFFECTS YOUR LEGAL RIGHTS. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION
In accordance with this Section, any dispute, claim, or controversy arising out of or relating to these Terms of Use, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or relating to any of the Online Services (“Dispute”) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a Dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such Dispute. Any Dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose one of the following arbitration organizations, and its applicable rules, to conduct the arbitration: JAMS (800 352-5267, www.jamsadr.com), the American Arbitration Association (800 778-7879, www.adr.org), or any other organization subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law and the applicable statutes of limitation. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in the federal district in which you reside. We will pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up to a maximum of $5,000, unless the law requires us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator if the arbitrator finds that any of your claims are frivolous under applicable law. Each party shall be responsible for its own attorney, expert, and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this clause, then the provisions of this clause shall control. The arbitrator’s award shall be final and binding on all parties, except that you may appeal any arbitrator’s award pursuant to the rules of the arbitration organization, and we may only appeal an award against us exceeding $100,000. Any arbitration under this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1, et. seq.) and not by any state law concerning arbitration.
You retain the right to seek remedies in small claims court for Disputes within that court’s jurisdiction, and we agree to reimburse your filing fees for such proceedings upon either (i) a showing that you would qualify within that court's jurisdiction for a waiver of fees; and/or (ii) a court order. You also retain the right to seek individual injunctive relief in court. Neither you nor we waive the right to arbitrate by filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Clause shall survive any termination of these Terms of Use. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of this Arbitration Clause shall be unenforceable.
These Terms of Use, the Privacy Statement and Notice of Privacy is this accurate. Practices, and other policies Company may post on the Online Services constitutes the entire agreement between Company and you in connection with your use of the Online Services and the Content, and supersedes any prior agreements between Company and you regarding use of the Online Services, including prior versions of these Terms of Use.
The Terms of Use are governed by the laws of the State of Georgia, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms of Use shall be brought exclusively in the federal or state courts located in Fulton County in the State of Georgia and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if any provision of these Terms of Use is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
To the full extent permitted by applicable law, both you and Company waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
Neither these Terms of Use, nor any of the Online Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
You agree that any claim you may have arising out of or related to your use of the Online Services or your relationship with Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.