1. AGREEMENT TO TERMSWhen you use any Forum products or services, you agree to these latest Terms of Service ("Terms"). Violation of these terms may, at our discretion, result in us terminating your account.We may update these Terms of Service at any time. If we make significant changes, we will refresh the date at the top of this page and notify users who have signed up to our policy updates mailing list.
2. DEFINITIONS"Company", "we", "our", or "us" in any of our policies or terms, refers to Forum Entertainment LLC."Services" or "Platform" refers to our website, http://www.forum.win, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"), and any product created and maintained by Forum Entertainment LLC."Forum Account" refers to the user's account on the Site. This includes the user's personal information, account activity, Balance, and any other user-specific information."Personal Account" refers to the account linked to the user's payment method (i.e.Third-Party Payment account or wallet, Credit or Debit card, Bank account, Crypto wallet)."Balance" refers to the funds available in a user's Forum for entering Contests. Distinct from Withdrawable Balance."Withdrawable Balance" refers to the amount of funds available in a user's account that is eligible to be transferred to the user's Personal Account. This value may be different from the user's Balance in the setting of promotions with specified rollover requirements."Forum Withdrawal Account" refers to the bank account that holds players' withdrawable funds, non-commingled with the funds or capital belonging to Forum."Forum Capital Account" refers to the bank account that holds Forum's funds or capital that can be used for operational expenses."Account Activities" refers to any observable action on behalf of the user's Forum Account. This includes but is not limited to: Deposits, Withdrawals, Contest entries, Disputes, and Support requests."Inactive Account" refers to the status of any user's Forum Account that has not entered a Contest, made a Deposit or a Withdrawal, or submitted a support ticket ("Account Activities") for eighteen (18) consecutive months"Video Game Contest," and/or "Contest" refers to the social game between two users on the Forum platform. The Contest defines the win conditions for either user (Parameters), and the allocation of prize winnings (Price) after removal of Forum's Outcome-agnostic Facilitation Fee."Contest Status" refers to the state of a Contest at a given time. Contests can exist in any of the following defined states:
"Proposed" - the contest's status when a user has completed and proposed a Contest so that another user can interact with it.
"Accepted" - the contest's status when two users have mutually entered a Contest against one-another, but the match has not yet occurred.
"Partially Accepted" - the contest was accepted, by one or more Users, for a lesser amount than it was proposed for. If the remaining unaccepted balance of a partially accepted contest is less than $1.00, then the contest will be canceled automatically.
"Resolved" - the Contest's status after the match has concluded and prize has been allocated to the appropriate participant.
"Canceled" - a Proposed contest has been nullified by the contest owner
"Video Game Match" or "Match" refers to any event that Forum allows users to create contests for."Outcome" refers to the decision of a Contest, defining the winners, losers, and thus where Prize Winnings are routed."Video Game Event" or "Event" refers to any map, match, series, or tournament, that Forum allows users to create contests for."Prize" refers to the amount to be credited to the winning user's account upon Contest resolution."Facilitation Fee" refers to the fee we take upon contest resolution. This fee is static upon Contest creation and is uniform regardless of Contest Outcome to ensure that Forum is a neutral facilitator of all Contests.Finally, "you" or "your" refers to the people that use our site and own an account.
You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend all users set up two-factor authentication for added security. In some of our Services, we may require it.
By creating an account, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity and you agree to comply with these Terms of Use;
You are not a minor in the jurisdiction in which you reside;
You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
You will not use the Site for any illegal or unauthorized purpose; and
Your use of the Site will not violate any applicable law or regulation
You may not use the Services for any purpose outlined in our Use Restrictions Policy.
You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
Some of our content will be visible on our Services without logging into an account, but certain aspects of our platform will be restricted to registered users.
Collect or extract information and/or user data from accounts which do not belong to you.
Circumvent, disable, or otherwise interfere with security-related features of the Services.
Trick, defraud, or mislead us or other users, including but not limited to making false reports or impersonating another user.
Upload or transmit (or attempt to upload or to transmit) viruses or any type of malware, or information collection mechanism, including 1×1 pixels, web bugs, cookies, or other similar devices.
Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.
Harass, annoy, intimidate, or threaten others, or any of our employees engaged in providing any portion of the Services to you.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Be under 18 years of age.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Reside in a state or jurisdiction that prohibits skill-gaming or gambling on video game contests, such as:
Alabama
Arizona
Arkansas
District of Columbia
Hawaii
Idaho
Iowa
Kentucky
Louisiana
Maryland
Michigan
Mississippi
Missouri
Montana
Nevada
New Jersey
New Mexico
Ohio
Rhode Island
South Carolina
South Dakota
Tennessee
Vermont
Virginia
Washington
Wyoming
While we do our best to ensure that we are compliant with all local/state/federal laws, we cannot guarantee that our efforts are always enough. You are responsible for ensuring that your use of the app complies with your local laws.Accounts found to be in violation of any of the above are subject to cancellation without prior notice.
5. CANCELLATION AND TERMINATIONYou are solely responsible for properly canceling your account. You can find instructions for how to cancel your account in our Cancellation Policy. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact our Support team.If you cancel your account while there it has a positive balance, your cancellation will take effect immediately, and you will no longer be entitled to your outstanding balance. Please be sure to withdraw any remaining funds prior to account termination.We reserve the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the deletion of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time, including, but not limited to violations of our Use Restrictions Policy.Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.
6. VIDEO GAME CONTESTSForum is a platform that facilitates peer-to-peer Video Game Contests (defined above).You, the users, are responsible for creating these contests and participating in them through your own volition and skill. We are responsible for adjudicating those contests based upon official results of the video game match when it concludes, and we take a Service Fee for doing so.6.1 Contest statusContests can exist in one of the following states, defined above, with the number of participating users listed in parenthesis:
Proposed
Partially Accepted
Accepted
Pending
Resolved
Cancelled
Voided
You have the right to cancel or modify any contest prior to its status being accepted. We reserve the right to cancel any contest at any time and for any reason. Whether or not the prize from a canceled Contest is refunded to the contestant(s) will be circumstantial and will be decided at our discretion with or without explanation.6.2 Contest of SkillContests offered through Forum are contests of skill. Each of our Contests are governed by rules specific to the game and event, and may be modified from time to time, which are set forth in the Contest official rules and are incorporated into these Terms by reference. Winners are determined by the objective criteria described in the Contest rules and other information submitted by the user. Contest winners are determined by the individuals who use their skill and knowledge of relevant video game and esport markets to achieve a winning result according to the scoring rules for that contest.We have no influence on the user-generated details of the Contests, and the outcomes of Contests do not benefit or penalize us in any way. For these reasons we distinguish ourselves from oddsmakers and casinos. Contextual information about games, trends, or matches may be provided to assist the user in making properly informed decisions while creating a contest.The Forum platform may not be used for any form of unlawful gambling, wagering, sports betting, or other game of chance, and you hereby agree that Forum's Services and Contests do not constitute any form of unlawful gambling, wagering, sports betting, or other game of chance and you agree not to assert any of those positions or to allow anyone else to assert those positions on your behalf.6.3 PrizesPrizes and awards offered for each Contest will be established by the participating Users within a Contest.Forum will make all reasonable efforts to ensure that all Prizes are awarded as soon as possible upon resolution of the Match.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, Forum 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, Forum 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 or Code of Conduct, 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 prize winnings will be deposited directly into your Forum Account. Any amounts that are mistakenly credited as winnings to your Forum 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 Forum the right to request that your bank freeze, seize and/or reverse any funds that were derived from amounts awarded in error by Forum.6.4 Contest AdjudicationContest outcomes are determined at the sole discretion of Forum admins. Our decision-making is informed by data sources including but not limited to official league data, developer APIs, and third-party data brokers.Because our facilitation fees are independent of Contest outcomes, you can be confident that we will adjudicate Contests in a fully transparent and neutral fashion. The integrity of our services is our number one priority.In the event of a dispute or potential error with Contest Adjudication, please reach out tosupport@forum.win
7. PAYMENTSWe impose minimum and maximum thresholds for deposits, withdrawals, and contest entries. These thresholds are subject to change at our discretion and will be made apparent when utilizing these functions on the platform.Not all deposit methods are guaranteed to be available as withdrawal methods. If a user is unable to utilize the available withdrawal methods to retrieve their funds, they should contact Support@forum.win for assistance.7.1 DepositsTo participate in a Contest, you may Deposit by any of the methods permitted on the Services. Such funds will be deposited into your Account upon actual receipt of the funds by Forum. Minimum and maximum limits may be applied to Deposits, depending upon your history with the Services; the method of deposit; state, territory, and/or jurisdiction-imposed deposit limits; any self-imposed deposit limits you set; and other factors as determined solely by Forum. 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 Account holder. 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 Contests, you agree to provide us with a valid full name, mailing address, date of birth, and any other information we may require 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 Forum requests that a User completes and executes such an affidavit and the User fails to do so within ten (10) days, or Forum otherwise determines that the User does not meet the eligibility requirements or is not in compliance with these Terms, Forum 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, Forum 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 Contest.7.2 Authorized PaymentsYou may also fund Contests directly without depositing. Upon creation of the Contest, funds in your Personal Account will be placed on hold through the payment processor.If the contest is won, the payment will be voided and the contest Prize amount will be added to your balance. If the contest is lost, the authorized payment will be completed and the funds will be sent to the winning user's balance.Authorized payment minimum and maximum thresholds may differ from those of a standard deposit and will be disclosed upon payment.7.3 WithdrawalsYou 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 will be shown when processing a withdraw request. If your account balance is below the minimum threshold, you may withdraw 100% of your account balance. Account holders with pending Deposits must wait until those funds clear before requesting a withdrawal. Withdrawals shall only be provided via a verified payment method that has either been used to deposit, or has been approved by customer support. Users may withdraw their cash Prize awards as well as cash Deposits by using the "Withdraw" option on the Site or App. Forum 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 Forum in order to complete a withdrawal. If your identity and Account cannot be verified, Forum will not release the funds from your Account. We also may conduct checks for Terms and Code of Conduct 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 Forum 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 funds withdrawn via the Site or App in perpetuity.Processing of requested funds back may take up to five (5) business days, but Forum 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, Forum shall notify you of the nature of the investigation. Further, processing of funds may take up to ten (10) business days if Forum, 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 Support@forum.win.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, Forum 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 funds not won via Contests), that were, in the sole determination of Forum, the result of a violation of these Terms and/or federal, state, local, or international law or regulation, then you grant Forum the right to invoice the Personal Account to which these funds were deposited without reservation and until Forum recoups, in whole, any and all funds 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, App, or your use of Forum 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 Forum as set forth in the Terms, at least twenty-four (24) hours prior to the origination of any entry or transaction permitted by the Terms. You may not submit any such notice revoking authorization for us to invoice the Personal Account at any point in time after originating the withdrawal.7.4 CryptocurrencyCryptocurrency exchange rates are highly volatile and may fluctuate during the time it takes to process your transaction. Forum Entertainment LLC is not responsible for any changes in cryptocurrency value during deposits or withdrawals.This risk can be mitigated by using stablecoins or low-volatility cryptocurrencies. Please ensure you understand these risks before proceeding with any transaction.7.5 Charge BacksIf 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. Forum reserves the right to close your Account without notice should a Deposit be charged back.7.6 Changing Payment MethodAs a User, you may request that a previously provided method of payment is removed from your Forum Account only if your Balance is zero. Additionally, Forum may remove any payment method or Personal Account information at any time at Forum's sole discretion and determination. If you must change your payment method with an active account balance, you must contact support@forum.win.7.7 Account for Deposited FundsWhen you Deposit or earn prizes, your Deposits and winnings after Contests are completed and held in a separate bank account (the "Forum Withdrawal Account") held by a third party for the benefit of the User. 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 Forum Withdrawal Account funds remain Forum Withdrawal. Vendors, players, and creditors shall be aware that the funds in the Forum Withdrawal Account do not belong to the Company or any associated Company subsidiary or trustee, although the Company is entitled to income accruing on the Forum Withdrawal Account. Further, funds held in the Forum Withdrawal Account are not available to creditors of the Company. The funds in the Forum Withdrawal Account belong to you and other Users, subject to review for verification or evidence of fraud or other prohibited conduct as described above, and Forum may not use them to cover its operating expenses or for other purposes. You will not receive interest or other income on the Forum Withdrawal Account.Players who believe that funds held by their accounts with Forum have been misallocated, compromised or otherwise mishandled, may register a complaint with Forum by emailing support@forum.win.Forum shall use its best efforts to respond to such complaints within ten (10) days. If Forum 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.7.8 Bonuses and PromotionsOccasionally, Forum may provide you with promotional discounts or bonuses, for example, as an incentive to use the Services, to establish an Account, or to refer others to sign up with Forum. 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.Any bonuses or promotions that you do not apply to a Contest (i.e., use) within ninety (90) days of receipt of the bonuses or promotions shall automatically terminate and become null and void, at Forum's sole, unlimited discretion. Any existing bonuses or promotions you received prior to the Effective Date of these Terms shall remain valid for an additional sixty (60) days from the Effective Date before such bonuses and promotions shall automatically terminate and become null and void.7.9 Account Inactivity FeeTo the extent allowed by law, if you, via your Forum 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, Forum will charge a fee of $5.00 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 $0.00 balance. Forum 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.7.10 U.S. DollarsAll 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 Processor(s) (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.7.11 TaxationAll taxes associated with the receipt of any Prize are the sole responsibility of the winner. In the event that the awarding of Prizes to winners of Contests is challenged by any legal authority, Forum reserves the right in its sole discretion to determine whether or not to award such Prizes.Each year all winners who have won $600 or more during the previous year must provide updated address and social security details to Forum. These details will be used to allow Forum to comply with tax regulations and may be shared with appropriate tax and/or law enforcement authorities at Forum's sole discretion. In accordance with Forum's policy, and in compliance with United States Internal Revenue Service regulations, Forum may be required to submit a Form 1099-MISC, Miscellaneous Income (Form 1099) with the Internal Revenue Service (IRS) or other appropriate form to any person who wins (prizes less entry fees) in excess of $600 (USD) on the Site in a given year. Depending on the jurisdiction in which you reside, Forum 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. Forum 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. Forum 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 Forum, upon request, with all personal information necessary to submit a Form 1099-MISC. If you fail to provide all requested information and therefore prevent Forum from filing all pertinent tax forms, including the Form 1099-MISC, then you bear all responsibility, and you indemnify, and hold harmless Forum from any resulting liability, lawsuit, judgment, or any other action stemming from this failure. Forum does not provide tax advice, nor should any statements in these Terms or on the Service be construed as tax advice.7.12 Third-Party Payment ProcessorForum 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 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 Forum may give such instructions on your behalf in accordance with your requests as submitted through the 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 Forum 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 Services, except as a result of the recklessness or wanton disregard of Forum or its employees.7.13 Refund PolicyA user may choose to withdraw funds from their Forum account at any time after depositing.Once a deposit is completed, an equivalent credit amount will be added to your Forum account's Withdrawable Balance. This credit can be withdrawn via the same payment method used to deposit at any time. To withdraw utilizing a payment method different than the one used to deposit, please contact customer support.Any bonus or promotional credit added to your account may not be withdrawable until promotion-specific rollover requirements are met.For more information about Deposits, Withdrawals, or specific refund scenarios, please refer to our Terms of Service.
8. RESPONSIBLE GAMINGThe Company reserves the right, in its sole discretion, to decide if you are interacting with the platform in a responsible way in accordance with Company policies and procedures. The Company also permits all Users to set responsible gaming limits and to self-exclude. Notwithstanding the foregoing, Company reserves the right, in its sole discretion, to impose stricter responsible gaming limits than those imposed by law or the User and exclude such Users as necessary to best promote our responsible gaming policies.Any attempt by you, whether or not successful, to evade or assist others in evading responsible gaming controls, whether self-imposed or otherwise, and including self-exclusion, shall be a violation of these Terms. You grant the Company the sole and unfettered right to deactivate and/or report to any relevant authorities any Account(s) you create, access, manage or operate in contravention of responsible gaming controls. Additionally, you grant the Company an unlimited ability to take any of the following actions in relation to an Account created or used to evade, or in violation of, responsible gaming controls: (i) void all entries made or Contests entered; (ii) seize and retain all Deposits; (iii) seize and retain all winnings and Prizes; (iv) remove all promotional or bonus funds; or (v) reverse and/or freeze any attempted or completed withdrawals including funds withdrawn to your bank account or other financial institution. You also agree to fully indemnify and hold harmless the Company against any action at law, equity or otherwise and any liabilities that are a direct or indirect result of your evasion of responsible gaming limits and restrictions. Such indemnity shall include, but not be limited to, all damages or injuries you and/or your family suffer as a direct or indirect result of your actions or inactions as well as any investigations, administrative actions, prosecutions or any other actions undertaken by any governmental or quasi-governmental authority as the direct or indirect result of your actions as described in this section. Nothing in this Section shall be interpreted to limit any other remedies, indemnities, or other relief provided to the Company in these Terms.
9. AVAILABILITY OF THE SERVICEYou acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control shall not serve as a basis to demand a full or partial refund of any prepaid fees.Forum may limit access, via technological means, to the Services in the Excluded Jurisdictions. If you attempt to Deposit or play in any Contest while located in an Excluded Jurisdiction, you may be in violation of the law of such Excluded Jurisdiction and these Terms, and subject to having your Account suspended or terminated, all Deposits made while in an Excluded Jurisdiction may be returned to you, all entries made, whether completed or in progress, may be voided and refunded, and all Prizes won may be refunded, voided and returned to Forum. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We do not intend that the Site or App and the Services to be used by persons are present in jurisdictions in which the playing of fantasy sports contests may be prohibited or restricted.
10. MODIFICATIONS TO THE SERVICEWe intend to support our Services indefinitely as far as it is possible and reasonable to do so. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
11. UPTIME, SECURITY, AND PRIVACYYour use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis. We do not offer service-level agreements, but do take uptime of our applications seriously.
To help you with support requests you make. We'll ask for express consent before accessing your account.
On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue.
To safeguard Forum. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
To the extent required by applicable law. As a U.S. company with its main data infrastructure located in the US, we only preserve or share customer data if compelled by a U.S. government authority with a legally binding order or proper request under the Stored Communications Act, or in limited circumstances in the event of an emergency request. If a non-U.S. authority approaches Forum for assistance, our default stance is to refuse unless the order has been approved by the U.S. government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If Forum is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data for Forum, as well as a list of Company Processors.
12. LIABILITYForum does not warrant that your activities or use of the Site or App is lawful in any particular jurisdiction and, in any event, Forum specifically disclaims such warranties. You understand that by using any of the features of the Site or App, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site or App or the content.Your use of the Services is at your sole risk. The Services and the materials contained in these Terms are provided on an "as is" and "as available" basis. Except as otherwise expressly provided in these Terms, Forum and its affiliated companies and their respective officers, directors, employees, and other representatives expressly disclaim all warranties of any kind pertaining to the Services and the materials contained in these Terms, whether express or implied, including without limitation the implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, security, accuracy, availability, use of reasonable care and skill, and non-infringement, as well as warranties arising by usage or trade, course of dealing, and course of performance. Forum makes no warranty that (i) the Services will meet your requirement, (ii) the Services will be uninterrupted, timely, secure, or error-free or free of viruses or bugs, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, and (iv) any errors in or on the Services will be corrected. Any material, content, or information downloaded or otherwise obtained and/or used through the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of dada that results from the download of any such material, content or information. No advice or information, whether oral or written, obtained by you from Forum on or through the Services shall create any warranty not expressly stated in these Terms.You agree that Forum is not liable to you or to any third party for damages of any kind that result from the use of the Services, in ability to access data, or unauthorized access of your data or account. Forum is also not liable for damages of any kind related to actions of any third party that uses the Services, or any other consequences related to the Terms or Services.If you have a question about any of these Terms, please contact support@forum.win
13. LIMITATION OF LIABILITYIn no event shall Forum, its affiliates, or its/their directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, negligence, or any other legal theory, including without limitation any other equitable theory, with respect to or arising out of, or relating to the Services and/or these Terms (i) for any lost profits; data loss; cost of procurement of substitute goods or services; or special, indirect, incidental, punitive, or consequential damages of any kind, however arising; (ii) for any bugs, viruses, Trojan horses, or the like, regardless of the source of origination; (iii) for any action taken in connection with an investigation by Forum or a law enforcement authority regarding your use of the Services or with any and all copyright owners; and (iv) for any errors or omissions in the technical operation of the Services, even if foreseeable or if a party has been advised of the possibility of such damages. All liability of the Forum Group shall not exceed one hundred dollars ($100.00). This limitation of liability is cumulative and not per incident (i.e., the existence of two or more claims will not enlarge the limit). Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law. Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you, in which case the liability of Forum shall be limited to the greatest extent of the law.