BACKYARD BET™ Terms and Conditions

THANK YOU FOR USING BACKYARDBET.COM! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING BACKYARDBET.COM OR THE RELATED MOBILE APPLICATION. BY ACCESSING OR USING BACKYARDBET.COM OR THE RELATED MOBILE APPLICATION YOU ARE ACCEPTING THESE TERMS AND CONDITIONS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE BACKYARDBET.COM OR THE RELATED MOBILE APPLICATION.

A. Definitions

  1. An “Account” refers to an individual user’s authorization to log in to and use the Service via the Website or the App and serves as a user’s identity on the Website or the App.
  2. “Terms and Conditions” refers, collectively, to all the terms and conditions contained or referenced in this document, the Backyard Bet Privacy Policy, and the Backyard Bet Intellectual Property and DMCA Policy.
  3. “Content” refers to content featured or displayed through the Website or the App, including without limitation code, text, data, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website, App, or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our users. “Your Content” is Content that you create or own.
  4. “Backyard Bet,” “We,” “Our,” and “Us” refer to Jones & Brinker Capital Investment Inc. doing business as Backyard Bet, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  5. The “Service” refers to the applications, software, products, and services provided by Backyard Bet through the Website or the App.
  6. The “User,” “You,” and “Your” refer to you, the end-user that has visited or is using the Website, the App, or the Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions.
  7. The “Website” refers to the website located at https://backyardbet.com, and all Content and Services provided by Backyard Bet at or through the Website.
  8. The “App” refers to the Backyard Bet mobile application, which is made available through the Apple App Store and through the Google Play Store, and all Content and Services provided by Backyard Bet at or through the App.

B. Account Terms

1. Account Creation
In order to use certain features of the Website or the App, you must register for an Account on the Website or the App.

2. Account Requirements
Your login may only be used by one person and may not be shared by multiple people. You may not use the Website, the App, or the Service in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use the Website, the App, or the Service if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency.

3. Account Security
You are responsible for keeping your Account secure while you use our Website, App, or Service. You are responsible for all Content posted and activity that occurs under your Account. You are responsible for maintaining the security of your Account and password. You will promptly notify Backyard Bet if you become aware of any unauthorized use of, or access to, our Website or Service through your Account, including any unauthorized use of your password or Account. You are responsible for obtaining and maintaining both the functionality and security of any equipment and ancillary services needed to connect to, access or otherwise use the Website, the App, and the Service. Backyard Bet cannot and will not be liable for any loss or damage from your failure to comply with the above requirements.

C. Acceptable Use Policy

1. Compliance with Laws and Regulations
You are responsible for using the Website, the App, and the Service in compliance with all applicable laws and regulations.

2. Prohibited Behaviors
You shall not: (i) attempt to gain unauthorized access to, interfere with, damage, attack, overburden, disable, impair, or disrupt any parts of the Website or the App, the server on which the Website or the App is stored, or any server, computer, or database connected to the Website or the App; (ii) interfere with others’ usage of the Website, the App, or the Service, including, but not limited to, mail bombing, flooding, or engaging in broadcast or denial of service attacks; (iii) engage in the unauthorized collection or use of personal or confidential information, including, but not limited to, scraping, phishing, scamming, spidering, and harvesting; (v) infringe, misappropriate or violate any patent, trademark, copyright or other intellectual property or proprietary right; (vi) collect, store, publish, transmit, view, upload, post, host, execute, transmit, or use any User-Generated Content that, in Backyard Bet’s opinion, (1) is sexually obscene, explicit, or pornographic, (2) is harmful to minors, (3) is excessively violent, incites or threatens violence, is discriminatory or abusive toward any individual or group, or contains harassing content or hate speech, (4) is illegal, unlawful, or promotes illegal or unlawful activities, (5) is false, fraudulent, libelous, defamatory or violates a person’s privacy, or (6) creates a safety or health risk to an individual or the public; or (viii) engage in any other activity that may harm Backyard Bet or users of the Website, the App, or the Service, or expose us to liability.

3. No Website Scraping
Data scraping, website scraping, screen scraping, and all other forms of automated and/or manual data and content mining are expressly prohibited. You will not allow any third party to: use any data mining, data or website scraping, reverse engineering, screenshotting or screen scraping, robots or similar data gathering or extraction methods with respect to the Website, the App, or the Service. Backyard Bet reserves the right at any time to block or disable access to any IP address or domain that is misusing or scraping data from the Website or the App.

4. Enforcement
We reserve the right (but have no obligation) to review any User-Generated Content, investigate, and/or take appropriate action against you in our sole discretion if you violate this Section C, any other provision of these Terms and Conditions, or otherwise create liability for us or any other person.

D. User-Generated Content

1. Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Website, the App, and the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to, or otherwise make available via the Website, the App, or the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of Your Content. Backyard Bet reserves the right to ensure all content is all-age-appropriate.

2. Ownership of Content, Right to Post, and License Grants
You retain all your intellectual property rights in Your Content. Backyard Bet does not own the copyright in Your Content. If you are posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us certain legal permissions, listed in Section D.3. These license grants apply to Your Content. You understand that you will not receive any payment for any of the rights granted in Section D.3.

3. License Grant to Us
For Your Content, such as your public comments, you grant Backyard Bet the right and license (i) to include Your Content on the Website or the App, (ii) to parse Your Content into a search index and to allow other users to search for User-Generated Content, and (iii) to use Your Content to provide the Service and improve the Service over time.

E. Infringement and DMCA Policy

If you believe that content on the Website or the App violates your copyright, please contact us in accordance with our Intellectual Property Policy.

F. Backyard Bet’s Intellectual Property Rights

Excluding Your Content, Backyard Bet retains ownership of all intellectual property rights of any kind related to the Website, the App, and the Service, including, but not limited to, its proprietary algorithms and copyrighted materials (the “Backyard Bet Intellectual Property”). The provision of the Website, the App, and the Service does not transfer to you or any third party any rights, title, or interest in or to the Backyard Bet Intellectual Property. We reserve all rights that are not expressly granted to you under these Terms and Conditions or by law. The look and feel of the Website, the App, and the Service is © Jones & Brinker Capital Investment Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Backyard Bet. The Website and the App displays trademarks, logos and service marks (“Marks“) that are our intellectual property. You are not permitted to use these Marks without our prior written consent.

G. Cancellation, Termination, and Suspension

1. Account Cancellation
You can cancel your Account at any time. Upon cancellation, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

2. Backyard Bet May Suspend or Terminate Your Access or These Terms and Conditions
Subject to this Section, these Terms and Conditions will remain in full force and effect while you use the Website, the App, or the Service. Backyard Bet has the right to (a) suspend or terminate your rights to use the Website, the App, or the Service (including your Account) or parts thereof, or (b) terminate these Terms and Conditions, at any time for any reason, with or without notice, at our sole discretion, effective immediately, including for any use of the Website, the App, or the Service in violation of these Terms and Conditions. Upon termination of these Terms and Conditions, your Account and right to access and use the Website, the App, and the Service will terminate immediately. Backyard Bet will not have any liability whatsoever to you for any termination of these Term and Conditions, including for termination of your Account.

H. Communications with Backyard Bet

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you used to create your Account; and (2) agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This Section does not affect your non-waivable rights. Any legal notice to Backyard Bet must be in writing.

I. Disclaimer of Warranties

BACKYARD BET PROVIDES THE WEBSITE, THE APP, AND THE SERVICE “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THIS, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE, THE APP, AND THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. BACKYARD BET DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE INFORMATION PROVIDED THROUGH THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

J. Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages. Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in these Terms and Conditions is found to have failed of its essential purpose.

K. Release and Indemnification

1. Release
If you have a dispute with a user or other third party, you agree to release Backyard Bet from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

2. Indemnification
You agree to indemnify and hold Backyard Bet (and its officers, employees, and agents) harmless from any third-party claim, demand, cost or expense (including costs and attorneys’ fees) due to or arising out of (a) your use of the Website, the App, or the Service; (b) Your Content; (c) your violation of these Terms and Conditions; or (d) your violation of applicable laws or regulations. Backyard Bet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Backyard Bet. Backyard Bet will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

L. Changes to These Terms and Conditions, the Website, the App, and the Service

1. Changes to these Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website, the App, and the Service following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

2. Changes to the Website, the App, and the Service
We reserve the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Website (or any part of it), the App (or any part of it), or the Service with or without notice. You agree that Backyard Bet will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website, the App, or the Service or any part thereof. Backyard Bet will not be liable if for any reason all or any part of the Website or the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the App, or the entire Website or App to users, including registered users.

M. Miscellaneous

1. Feedback
If you provide Backyard Bet any feedback or suggestions regarding the Website, the App, or the Service (“Feedback“), you hereby assign to Backyard Bet all rights in the Feedback and agree that Backyard Bet shall have the right to use such Feedback and related information in any manner it deems appropriate.

2. Governing Law
These Terms and Conditions and any access to or use of the Website, the App, or the Service are governed by the laws of the State of Ohio, without regard to conflict of law provisions. You agree to submit to the exclusive jurisdiction and venue of the courts located in Ohio.

3. Independent Contractors
Your relationship to Backyard Bet is that of an independent contractor. Nothing contained in these Terms and Conditions will be deemed or construed in any manner to create a legal association, partnership, joint venture, employment, agency, fiduciary, or other similar relationship between the parties, and neither party can bind the other contractually.

4. Force Majeure
Backyard Bet will be excused from liability to the extent that it is unable to perform any obligation under these Terms and Conditions due to extraordinary causes beyond its reasonable control, including, but not limited to, epidemics/pandemics (including COVID-19).

5. Assignment
Backyard Bet may assign or delegate these Terms and Conditions in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms and Conditions without our prior written consent, and any unauthorized assignment and delegation by you is void.

6. Severability, No Waiver, and Survival
If any part of these Terms and Conditions is held invalid or unenforceable, that portion of these Terms and Conditions will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Backyard Bet to enforce any provision of these Terms and Conditions will not be considered a waiver of our right to enforce such provision. Our rights under these Terms and Conditions will survive any termination of these Terms and Conditions.

7. Amendments; Complete Agreement
These Terms and Conditions may only be modified by the posting by Backyard Bet of a revised version in accordance with Section L. These Terms and Conditions represent the complete and exclusive statement of the agreement between you and us. These Terms and Conditions supersedes any proposal or prior agreement oral or written, and any other communications between you and Backyard Bet relating to the subject matter of these Terms and Conditions.

8. Questions
Contact us at [insert email address] if you have questions about these Terms and Conditions.