Terms of Use

Version 1st March, 2022
1. Acceptance of Terms

1.1. DraftApes provides a game of skill website located at https://www.draftapes.com/ (hereinafter referred to as the "Site"), which include all of the text, images, audio, code and other material they contain or provide (hereinafter collectively referred to as the "Content"), and all of the features, contests and other services they provide.

1.2. The Site and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by DraftApes with regards to the game specified in Clause 1.1 of the Terms are referred to here as the "Service".

1.3. Please read these Terms of Use (hereinafter referred to as the "TOS", "Terms" or "Terms of Use") carefully before using the Service.

1.4. It is presumed that by using or otherwise accessing the Service, or clicking to accept or agree to these Terms where that option is made available, you:

1.4.1. Have read and understand these Terms of Use.

1.4.2. Accept and agree to these Terms and all other documents which relate to the Service (Rules and Privacy Policy).

1.4.3. Give your consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy.

1.4.4. Accept and agree to any additional terms, rules and conditions of participation in particular contests issued by DraftApes from time to time.

1.4.5 Accept and agree to check from time to time by yourself new additional terms, rules and conditions of participation in particular contests, including changes in these Terms of Use.

1.5. DraftApes may issue additional terms, rules and conditions of participation in particular contests. For example, DraftApes may issue conditions as required by various state rules and regulations, which may impact your experience or participation in the Service. You agree to be subject to those additional rules if you participate in such contests.

1.6. If you do not agree to the Terms, then you may not access or use the Content or Service. You must stop using the Service, the Content, or the Site in all cases when you are not agree to the Terms.

2. Modification of Terms of Use

2.1. DraftApes reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time.

2.2. The recent version of the Terms is always available on the Site.

2.3. You are responsible for reviewing and becoming familiar with any modifications as specified in Clause 2.1 herein.

2.4. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you via the e-mail address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of Terms of Use as modified.

3. Eligibility

3.1. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.

3.2. By funding a wallet or entering a contest, you are representing and warranting that:

3.2.1. You are 18 years of age or older (depends on the applicable legislation).

3.2.2. If you are physically located in Arizona, Hawaii, Idaho, Louisiana, Montana, Nevada or Washington, the Russian Federation, Indonesia, Malaysia, Philippines, as well as the Indian States Assam, Orissa, Andhra Pradesh, Telingana, Nagaland you cannot fund your wallet or play for cryptocurrencies.

3.2.3. You are not listed on any U.S. Government list of prohibited or restricted parties.

3.2.4. You are not restricted from using the Service, the Content, or the Site by any court or governmental decision.

3.2.5. You will abide at all times by these Terms and any other agreements between you and DraftApes regarding your use of the Service or participation in contests.

3.2.6. When funding a wallet or entering a paid contest, you are not physically located in any of the following states: Arizona, Hawaii, Idaho, Louisiana, Montana, Nevada or Washington, the Russian Federation, Indonesia, Malaysia, Philippines, as well as the Indian States Assam, Orissa, Andhra Pradesh, Telingana, Nagaland you cannot fund your wallet or play for cryptocurrencies.

3.2.7. You are not subject to backup withholding tax because: You are exempt from backup withholding. You have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends. The IRS has notified you that you are no longer subject to backup withholding.

3.2.9. When entering any contest that awards prizes, you are not an employee or operator of another daily fantasy site that charges entry fees or offers cash prizes.

3.2.10. You do not, by virtue of affiliation with another daily fantasy site, have access to the site's pre-release non-public confidential data about contest-related information.

3.3. If we notice that you do not meet the eligibility requirements of this Section, then you are not authorized to use the Service.

3.4. DraftApes makes no representation that participation in paid entry online games of skill is lawful under Texas State law.

3.5. DraftApes may require you to provide proof that you are eligible to participate according to this Section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information (as discussed in Section 4 below).

3.6. If DraftApes otherwise determines that you do not meet the eligibility requirements of this Section, in addition to any rights that DraftApes may have in law or equity, DraftApes reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, DraftApes may pay out any withheld or revoked prizes to the other entrants in the relevant contest in a manner consistent with the prize structure of the contest, to be precisely determined by DraftApes in its sole discretion.

3.7. DraftApes also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.

3.8. DraftApes employees may use the Service for the purpose of testing the user experience, but may not withdraw funds or prizes except when playing in a private room with other employees and/or persons specified in Clause 3.9 below.

3.9. Relatives and/or partners of DraftApes employees with whom they share a household are not eligible to participate in paid contests unless they are private contests with other DraftApes employees or household members.

3.10. DraftApes consultants or promoters of the Service may play in contests without such limitation, but only if:

3.10.1. Their arrangement with DraftApes does not permit them to have any access to non-public Service data or any other data not made available to all users on the Service, and

3.10.2. They do not receive any other advantages in their use of the Service.

3.11. Employees or operators of other similar services that charge entry fees or offer cash prizes, and individuals who, by virtue of affiliation with another similar service, have access to the site's pre-release non-public confidential data about contest-related information may not enter any contests in which a cryptocurrency prize is awarded. If such person enters a DraftApes contest that awards prizes, DraftApes will disqualify the entry, will not award a prize, and may report such person's violation of this provision to the similar service for which the entrant is employed by, operates or affiliated with. Additionally, DraftApes may maintain information about the entrant sufficient to assist DraftApes in blocking the user from entering future DraftApes contests, unless and until DraftApes determines, in its sole discretion, that the entrant is no longer an employee or operator of another daily fantasy site or no longer has access to pre-release non-public confidential data about contest-related information by virtue of affiliation with a daily fantasy site.

3.12. Those individuals who through an ownership interest or contest-related employment can influence the contest results are ineligible.

4. Conditions of Participation

4.1. Registration.

4.1.1. In order to participate in a contest on the Service, you must register an account. By registering as a user of the Service, you agree to provide accurate, valid and complete information about yourself as prompted (hereinafter referred to as the "Registration Data") and maintain and promptly update the Registration Data to keep it accurate, valid and complete. If you provide any information that is inaccurate, invalid or incomplete, or DraftApes has reasonable grounds to suspect that such information is inaccurate, invalid or incomplete, DraftApes may deny your access to parts of the Service requiring registration, or terminate your account, at its sole discretion.

4.1.2. You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. For avoidance of doubt, users may not "co-own" accounts on the Service. In the event DraftApes determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that DraftApes may have, DraftApes reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.

4.1.3. You agree that the sole and specific purpose of creating an account on DraftApes is to participate in online games of skill on the Service. DraftApes shall be entitled to suspend, limit or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in contests on the Service. In such circumstances, we may also report such activity to relevant authorities.

4.2. Account Password and Security

4.2.1. At the time of registration for online account access, you must provide a valid e-mail address and create a username (hereinafter referred to as the "Username") and password (hereinafter referred to as the "Password") to be used in conjunction with your account. You must not use a Username that promotes a commercial venture or a Username that DraftApes in its sole discretion deems offensive. You are responsible for maintaining the confidentiality of Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to:

(a) never to use the same Password for the Service that you use or have ever used outside of the Service;

(b) keep your Username and Password confidential and not share them with anyone else;

(c) immediately notify DraftApes of any unauthorized use of your Username and Password or account or any other breach of security;

(d) use only your own Username and Password to access the Service.

DraftApes cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

4.2.2. You acknowledge and agree that DraftApes is authorized to act on instructions received through the use of your Username and Password, and that DraftApes may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason.

4.2.3. DraftApes may require you to change your Username or may unilaterally change your Username.

4.3. Communications and Information Practices

4.3.1. As a result of your registration for the Service, you may receive certain messages from DraftApes. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an e-mail to contact@draftapes.com. Following such an opt-out, we may still communicate with you via e-mail to the extent permitted by applicable law.

4.4. Disqualification and Cancellation

4.4.1. DraftApes also reserves the right to cancel contests, in our sole discretion, without any restrictions.

4.4.2. DraftApes, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award points, and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct DraftApes deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users.
  • Improper conduct includes, but is not limited to:
  • falsifying personal information, including payment information, required to use the Service or claim a prize;
  • violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means;
  • tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service;
  • obtaining other entrants' information and spamming other entrants;
  • and abusing the Service in any way; or otherwise violating these Terms. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent DraftApes from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.

4.4.3. If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of DraftApes corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), DraftApes reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all other eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site.

4.4.4. The failure of DraftApes to comply with any provision of these Terms due to hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of DraftApes (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of the Terms.

4.5. Deposits and Withdrawals Generally

4.5.1. By depositing funds or entering paid contests, you agree to provide us with a valid mailing address 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 funds into your account 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.

4.5.2. We also may conduct checks for compliance issues, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.

4.5.3. Deposits, and user winnings after contests are finished, are held in wallets of DraftApes. DraftApes may not use them to cover its operating expenses or for other purposes except those which connected with DraftApes charges. Your withdrawals will be made from these wallets.

4.5.4. DraftApes may limit the amount a user can deposit into his or her account in accordance with state-imposed deposit limits.

4.5.5. DraftApes may provide you with some bonuses to your deposit in accordance with the Rules. You can use these funds only through participation in a contest and are not allowed to withdraw them for any reason.

4.6. Publicity

4.6.1. By entering a contest, you consent to DraftApes, its service providers' and business partners' use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other DraftApes contests and DraftApes generally, unless otherwise is prohibited by law. DraftApes and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the contest. Entrants agree that DraftApes may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of DraftApes or other contests or games operated by DraftApes. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
5. Contest Rules Generally

5.1. DraftApes provides different contests, which are classified as game of skill, where the outcome is determined by mental skill of a user, rather than chance:
  • the contest encourage the user to look at, understand and experience things, such as cryptocurrencies, sport events, stock market;
  • user's abilities to influence the contest can be learned and developed on the basis of reading special literature, analyzing, professional consultations, etc.;
  • strategic and tactical thinking is involved;
  • users compete among themselves, the operator of the contest just provides the platform for that competition with fair and transparent rules;
  • off-site scripts are banned;
  • an entry fee is paid unconditionally and prizes are guaranteed, fixed and determined in advance;
  • the contest has fixed time frames;
  • all users by default have unlimited access to public data related to the contest targets;
  • all users have just the same time to prepare for each contest, no user gets time preferences in making decisions before the game start;
  • each user is allowed to have just one account at the contest;
  • a degree of chance and guessing is involved due to natural aspects of the contests environment and incomplete information.

5.2. Each DraftApes contest has either an entry fee listed or is free to play. When you opt to participate in a contest, the entry fee will be debited from your wallet. Then, follow the links and instructions provided for entry. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in DraftApes opinion sufficiently uncertain, the name in which the e-mail address on file was registered with the e-mail service provider.

5.3. Users or DraftApes itself cannot cancel entries prior to contest start. Please make sure you are ready to take part in the contest before you make any entry.

5.4. DraftApes offers contests for sports predictions, cryptocurrency price predictions and stock market trading, taking place on different periods (e.g., daily, weekly, etc.) depending on its sole discretion.

5.5. After each contest ends, the winners are announced but may be subject to final verification. Full information on points calculation and prizes distribution is available at the Rules.

5.6. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the contest is challenged by any legal authority, DraftApes reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of DraftApes contests, DraftApes is the sole judge and its actions are final and binding.

5.7 DraftApes reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.

6. Conduct

6.1. As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by the Terms, or any other purpose not reasonably intended by DraftApes. By way of example, and not as a limitation, you agree not to:
  • abuse, harass, impersonate, intimidate or threaten other DraftApes users;
  • post or transmit, or cause to be posted or transmitted, any content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
  • use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any DraftApes user;
  • create or submit unwanted e-mail ("Spam") to any other DraftApes users;.
  • infringe upon the intellectual property rights of DraftApes, its users, or any third party;.
  • submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
  • post, e-mail, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission. Additionally, you agree that you will not:
  • (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  • (3) bypass any measures we may use to prevent or restrict access to the Service;
  • use artificial means, including creating multiple user accounts, to inflate your position and standing with the DraftApes leader boards and community;
  • use unauthorized scripts; all authorized scripts will be made available through the Service prior to contest entry;
  • advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
  • sell or otherwise transfer your profile;
  • enter into contests, by any means including multi-accounting, for which you are ineligible (e.g., beginner contests when you are not a beginner).

6.2. Violation of our rules may result in the removal of your content from the Service, forfeiture of winnings, and/or the canceling of your account. You acknowledge and agree that DraftApes may remove any User content and terminate any DraftApes account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User content). To report Terms of Use violations, please contact us.

6.3. You understand that all content made available on the Service by a user (hereinafter referred to as "User Content"), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not DraftApes, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will DraftApes be liable in any way for any User Content.

6.4. You acknowledge that DraftApes may or may not pre-screen User Content, but that DraftApes and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, DraftApes and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in DraftApes's sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.

6.5. With respect to User Content you submit or otherwise make available on or to the Service, you grant DraftApes an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.

6.6. You are solely responsible for your interactions with other users of the Service. DraftApes reserves the right, but has no obligation, to monitor disputes between you and other users.
7. Indemnity

7.1. You agree to release and to indemnify, defend and hold harmless DraftApes and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. DraftApes reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with DraftApes in the defense of such matter.

8. Warranty Disclaimers

8.1. You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the content) are provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that DraftApes has no control over, and no duty to take any action regarding:
  • which users gain access to or use the Service;
  • what effects the Content may have on you;
  • how you may interpret or use the Content;
  • or what actions you may take as a result of having been exposed to the Content.

You release DraftApes from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. DraftApes makes no representations concerning any Content contained in or accessed through the Service, and DraftApes will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. DraftApes makes no representation that participation in paid entry online games of skill is lawful under Texas state law.

9. Limitation on Liability

9.1. You acknowledge and agree that you assume full responsibility for your use of the Site and Service. You acknowledge and agree that any information you send or receive during your use of the Site and Service may not be secure and may be intercepted or later acquired by unauthorized parties. You acknowledge and agree that your use of the Site and Service is at your own risk. Recognizing such, you understand and agree that, to the fullest extent permitted by applicable law, neither DraftApes nor its suppliers or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory (even if DraftApes had been advised of the possibility of such damages), resulting from the Site or Service; the use or the inability to use the Site or Service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Site or Service; any actions we take or fail to take as a result of communications you send to us; any incorrect, illegible, misdirected, stolen, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit an entrant to participate in the service); any injury or damage to computer equipment; inability to fully access the site or service or any other website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the site or service.
Notwithstanding anything to the contrary contained herein, DraftApes liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to DraftApes for general use of the site or service during the term of your registration for the site, not including any entry fees for contests completed prior to the circumstances giving rise to the claim.

9.2. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10. Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Service are owned by DraftApes or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by DraftApes, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
11. Links

11.1. The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because DraftApes has no control over such sites, applications and resources, you acknowledge and agree that DraftApes is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DraftApes 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

12. Termination and Suspension

12.1. DraftApes may terminate or suspend all or part of the Service and your DraftApes account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your DraftApes account, you may contact us with a note to say you wish to terminate your account.

12.2. The following provisions of the Terms survive any termination of these Terms:
  • Conditions of Participation;
  • Contest Rules;
  • Conduct;
  • Indemnity;
  • Warranty Disclaimers;
  • Limitation On Liability;
  • Our Proprietary Rights;
  • Links;
  • Termination;
  • No Third Party Beneficiaries;
  • Binding Arbitration and Class Action Waiver;
  • General Information.

12.3. If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with DraftApes regarding restoration of your account only via contact@draftapes.com.

13. No Third Party Beneficiaries
13.1. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.

14. Notice and Procedure for Making Claims of Copyright Infringement

14.1. DraftApes may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide DraftApes a written notice containing the following information:
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

15. Binding Arbitration and Class Action Waiver

15.1. Our Customer Service Department is available by/via contact@draftapes.com. Our Customer Service Department is able to resolve most concerns quickly to our users' satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

15.2. If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under Clause 15.2 above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Terms (including their formation, performance and breach), the parties' relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the "AAA"), excluding any rules or procedures governing or permitting class actions.

15.3. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to any claim that all or any part of the Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

15.4. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and DraftApes agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

15.5. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

15.6. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following e-mail: contact@draftapes.com. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, DraftApes also will not be bound by them.

15.7. DraftApes will provide 60-days' notice of any changes to this Section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
15.8. For any dispute not subject to arbitration you and DraftApes agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the State of Delaware. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

15.9. The Terms and the relationship between you and DraftApes shall be governed by the laws of the State of Delaware without regard to conflict of law provisions.

16. General Information

16.1. Entire Agreement
16.1.1. The Terms (and any additional terms, rules and conditions of participation in particular contests that DraftApes may post on the Service) constitute the entire agreement between you and DraftApes with respect to the Service and supersedes any prior agreements, oral or written, between you and DraftApes. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.

16.2. Waiver and Severability of the Terms

16.2.1. The failure of DraftApes to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

16.3. Statute of Limitations

16.3.1. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within 1 (one) year after such claim or cause of action arose or be forever barred.

16.4. Section Titles

16.4.1. The section titles in the Terms are for convenience only and have no legal or contractual effect.

16.5. Communications 16.5.1. Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above and in Clause 16.5.2 below.
16.5.2. Contact:

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