Welcome to Bragging Rights, Inc (Bragging Rights). The following Terms Of Use And Service Agreement, together with any documents it expressly incorporates by reference (collectively, the "Terms of Service"), govern Your access to and use of www.braggingrights.us (“the Website”), including any content, functionality and services offered on or through www.braggingrights.live or our Application (commonly referred to as “the App”) either downloaded from our Website or a third party store, like Google’s Play Store or Apple’s App Store, etc. Together, all of Our services will be referred to as “the Bragging Rights Suite of Services.”
Bragging Rights knows that the privacy of Your personal information is important to You. For more information about Bragging Rights data protection practices, please read our Privacy Policy, which you can access HERE. Bragging Rights Privacy Policy is incorporated by reference and made part of this Agreement. The Privacy Policy explains how Bragging Rights processes Your personal identifying information and protects Your privacy when You use the Bragging Rights Suite of Services. Your access to and use of the Bragging Rights Suite of Services shall be subject to Bragging Rights Privacy Policy.
IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING WWW.BRAGGINGRIGHTS.US OR OUR APPLICATION, AS THEY MAY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
THIS AGREEMENT IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND BRAGGING RIGHTS. BY REGISTERING FOR, ACCESSING, BROWSING OR USING BRAGGING RIGHTS SUITE OF SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS CONTAINED HEREIN. BY ACCESSING, BROWSING OR OTHERWISE USING ANY PART OF THE WEBSITE AND/OR APPLICATION, YOU ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, THIS AGREEMENT AND THE TERMS CONTAINED IN IT.
IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU MAY NOT USE THE BRAGGING RIGHTS SUITE OF SERVICES. ACCORDINGLY, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE BRAGGING RIGHTS SUITE OF SERVICES. IF YOU REJECT THIS AGREEMENT OR BRAGGING RIGHTS PRIVACY POLICY, YOUR RETURN RIGHTS IN RELATION TO THE BRAGGING RIGHTS SERVICES ARE GOVERNED BY YOUR STATE’S LAWS. NOTHING IN THIS PARAGRAPH SHALL AFFECT YOUR STATUTORY RIGHTS.
I. DEFINITIONS
a. “Account” means the account provided by Bragging Rights to You that You create to access Bragging Rights Suite Of Services.
b. “Authorized Account Holder” is defined as a natural person eighteen (18) years of age or older who is assigned to an e‑mail address by an Internet access provider, on‑line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e‑mail addresses for the domain associated with the submitted e‑mail address for registration on Bragging Rights Website and Application. By registering for an account and inputting a payment method to subscribe to the Bragging Rights Suite of Services, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make the payment. It shall be a violation of these Terms of Service for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder. Individuals under the age of eighteen (18), must have the permission of a parent and/or guardian in order to use the Bragging Rights Suite of Services.
c. “ Conflict ” means, any controversy related to this Agreement, including, without limitation, claims arising out of or relating to any aspect of Your relationship with Bragging Rights, claims that arose before this Agreement, and claims that may arise after the termination of this Agreement and is subject to any applicable statutory consumer rights laws in Your State. Conflict does not, however, include claims related to or arising from the enforcement or protection of Intellectual Property rights.
d. Bragging Rights is a trademark of Bragging Rights, Inc. (Should be BraggingRights.Live is a trademark of Bragging Rights, Inc.) Bragging Rights is located at 34420 St. Maron Blvd., Avon, Ohio, 44011. References to “Us,” “We,” or “Our” means Bragging Rights, including any and all subsidiaries, joint ventures, and/or other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Bragging Rights does not include any Bragging Rights Affiliates or Third Parties (analytics, ad tech , or some other such similar organization).
e. “Brag Token(s)” (or “Brags”) mean a digital token sold by Bragging Rights for use throughout the Bragging Rights Suite of Services. The representation of the Brag Token is a trademark of Bragging Rights, Inc. Brag Tokens are not legal tender in the United States, are not currency, and have no legal value.
f. “Bragging Rights Affiliate(s)” means any Bragging Rights Third‑Party content providers, distributors, licensees, or licensors.
g. “Intellectual Property Rights” means any and all rights, titles, and interests of any and every kind whatsoever, whether now known or unknown, in and to any patent, trade secret, copyright, trademark, service mark, trade dress and/or similar right of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
h. “Notice” means a delivered writing by e‑mail, U.S. Postal Service, UPS, Federal Express (FedEx), or courier delivery service to You at Your address on file with Us, and is effective upon receipt by You.
i. “Privacy Policy” means Bragging Rights policy regarding privacy, which also governs your use of the Bragging Rights Suite of Services and is incorporated herein by reference. The current version is available on our Website or by clicking HERE.
j. “Service(s)” mean any Website, App, platform, content, and other related products and services provided by Bragging Rights and/or Bragging Rights Affiliates including, without limitation, any titles, computer code, themes, objects, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio‑visual effects, methods of operation, moral rights, documentation, chat transcripts, profile information, recordings of games played using a Bragging Rights game client and Bragging Rights game clients and server software.
k. “Terms of Service” (or “Terms”) means the terms and conditions as set forth within this Agreement.
l. “User Content” means any and all data that you upload, transmit, or create through the Bragging Rights Suite of Services including, without limitation, character skins, buildings, forum posts, Account personas, profile information, software, sound, images, videos, precise and imprecise location data, EXIF data, timestamps, metadata, and any other content contributed by Members to Bragging Rights Suite of Services.
II. COMPLIANCE
a. By use of the Bragging Rights Suite of Services You are participating in skill‑based competitions. Some will require You to wager Brags in order to participate. Those competitions will include distribution of Brags to the winner. Other competitions offer prizes. Not all competitions require a wager or contain a prize and are free to participate.
b. All Contests, Tournaments and Competitions are void in States which prohibit or restrict such activities. Your act of registering an account on Bragging Rights Website or participating in any activity warrants and represent for the reliance of all Bragging Rights’ employees, agents, and affiliates that You have verified the laws of your State (or other applicable jurisdiction) from which You are accessing the Bragging Rights Suite of Services, and that You understand that activities conducted on or through the Bragging Rights Suite of Services are not prohibited or restricted where You live.
c. You will not be entitled to any prize or refund if the applicable law where You live prohibits or restricts Your participation in these activities. You access and use the Bragging Rights Suite of Services at Your risk and acknowledge that Bragging Rights makes no warranty regarding compliance under the laws of Your State or jurisdiction of the Bragging Rights Suite of Services and that no representative of Bragging Rights has extended such a warranty. No employee of Bragging Rights has any authority to make such a warranty.
d. You are solely responsible for making all arrangements necessary to have access to the internet.
e. To access or use the Bragging Rights Suite of Services, You will be asked to provide certain registration details or other information. It is a condition of Your use of the Bragging Rights Suite of Services that all the information You provide to Bragging Rights is correct, current and complete.
f. If You choose, or are provided with, a user name, password or any other piece of information as part of Our security procedures, You must treat such information as confidential. You shall not disclose it to any other person or entity.
g. You acknowledge and agree that Your Account is personal to You and agree not to provide any other person with access to the Bragging Rights Suite of Services or any portion of it using Your user name, password or other security information. You agree to immediately notify Us of any unauthorized access to or use of Your user name or password or any other breach of security.
h. You agree to ensure You exit from Your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
i. Bragging Rights retains the exclusive right to disable any user name, password or other identifier, whether chosen by You or provided by Us, at any time in our sole discretion for any (or no) reason, including if, in Our opinion, You have violated any provision of these Terms.
j. You agree to these Terms by accessing or using Our Website or Application, registering for the Bragging Rights Suite of Services offered through the Website or Application, or by accepting, uploading, submitting or downloading any information or content from or to the Website. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE OR APPLICATION. These Terms constitute a legal agreement between You and Bragging Rights and shall apply to Your use of the Bragging Rights Suite of Services even after termination.
III. GENERAL
a. Bragging Rights may, at any time, change or discontinue any aspect or feature of the Bragging Rights Suite of Services, including, but not limited to, content, hours of availability, and equipment needed for access or use.
b. When using the Bragging Rights Suite of Services, You may be subject to additional posted policies, guidelines or rules applicable to specific services and features which may be posted online and notified to You from time to time (the “Policies”). All Policies are hereby incorporated by reference into this Agreement and made part of this Agreement.
c. From time to time, Bragging Rights may define and post on Our Website and/or Application additional, specific terms, codes of conduct or guidelines that govern Your use of the Bragging Rights Suite of Services or any special events (“Special Events”). In the event of a discrepancy between these Terms and any other writing posted on Our Website or Application, including rules for the Special Events, these Terms shall control. In no way shall this provision be construed to acknowledge or incorporate any third‑party terms and/or condition, i.e., terms and conditions that may govern your use of any third‑party equipment, games or content. It is solely Your responsibility to ensure that Your use of any and all third‑party equipment, games or content is in compliance with any and all third‑party requirements.
d. Parental Notice: If you are a parent of a child under the age of eighteen (18) and believe your child may have created an account without your prior approval, please contact us with details of that account at [email protected] to remove the account.
IV. BRAGGING RIGHTS SUITE OF SERVICES
a. Bragging Rights currently, and in the future, will provide You with access to a rich collection of online resources, including various communication and social networking tools, online forums, ladders, tournaments, leagues, news, reviews, personalized content and branded programming. Certain services are provided based upon the subscription membership level selected. Some skill‑based competitions, contests and tournaments require use of Brags to participate. Certain membership levels permit the wagering of Brags in advance of a skill-based competition for the chance to win Brags. Bragging Rights or its Affiliates or Sponsors may, from time to time, offer skill-based competitions for the possibility of winning prizes. Some of these competitions may require the use of Brags to enter. Those decisions will be left to the sole discretion of the Affiliate or Sponsor. The content, services, competitions and other benefits made available to Bragging Rights members is based on the level of subscription membership, and is referred to as the “Bragging Rights Suite of Services.”
b. To participate in a competition, You will need to create an account by providing certain information to establish a membership and choose a subscription level. All services contained within the Bragging Rights Suite of Services are free to its members. If You do not use your membership, but do not terminate it, as provided for under Section XIII (“Termination”) of these Terms Of Service, you will continue to be charged a monthly subscription fee.
c. We do our best to make your experience with Us a pleasant one. However, We cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. Therefore, You agree that Our services are provided on an “AS IS” and “AS AVAILABLE” basis. We do not assume responsibility for the timeliness, deletion, non‑delivery or failure to store any user data, communications or personalization settings.
d. We reserve the right to change or discontinue, temporarily or permanently, the Bragging Rights Suite of Services at any time. You agree that We will not be liable to You or any third party for any modification or discontinuance of the Bragging Rights Suite of Service at any time or for any reason.
e. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any user of the Bragging Rights Suite of Services, are those of their respective sources, author(s) or distributor(s) and not of Bragging Rights. Bragging Rights neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made through the Bragging Rights Suite of Services and expressly disclaims any and all liability in connection with such opinion, advice or statement.
f. Your use of the Bragging Rights Suite of Services is at your own risk.
g. The Bragging Rights Suite of Services may include hyperlinks to other websites or services solely as a convenience to You (“Third‑Party Site”). Bragging Rights has no control over any Third‑Party Site. Bragging Rights does not endorse Third‑Party Sites. Bragging Rights is not responsible for any Third‑Party Site or the information, advertising, products, services, materials and privacy protections contained on, or accessible through, any Third‑Party Site. You agree that Bragging Rights is not liable for any loss or damage which may be incurred by You as a result of Your use of any Third ‑Party Site or as a result of any reliance placed by You on the completeness, accuracy or existence of any information, advertising, products, services or materials contained on or accessible through any such Third‑Party Site. Your use of any Third‑Party Site or the services provided by them shall be governed only by such terms between You and such Third‑Party Site.
h. Some of the services We provide on Our Website may be supported by advertising revenue and may display advertisements and promotions. In consideration for Your membership subscription, We make these advertisers and promoters available to You. You consent to the placement of advertising and/or promotions on Our Website or Application. You further agree that the manner, mode and extent of advertising and promotions by Us on Our Website are subject to change without specific notice to You. Promotional deposits, credits, and other bonuses may not be converted from Your Bragging Rights account unless appropriate terms of the promotion permit such a conversion.
i. All information We collect is subject to our Privacy Policy (see, https://braggingrights.us/priv...). By using the Bragging Rights Suite of Services, You consent to all actions taken by Us with respect to Your information in compliance with Our Privacy Policy. You also agree that Bragging Rights may make disclosures to advertisers as set forth in Our Privacy Policy that you can access HERE.
V. YOUR USE OF THE BRAGGING RIGHTS SUITE OF SERVICES
a. You shall provide true, accurate, current and complete information about Yourself as requested during subscription membership registration. Accurate records help Us create a better Website and provide us with opportunities to identify new services or products that may interest You. You agree to update Your membership data to keep it current and accurate within a reasonable time after any change to that data.
b. You shall use the Bragging Rights Suite of Services only for a lawful purpose and in compliance with this Agreement. The Bragging Rights Suite of Services may include interactive areas or services, such as chat boxes or web forums, in which You or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials. You are solely responsible for Your use of such interactive services and shall use them at Your own risk.
c. You shall comply with the following Rules of Conduct in connection with Your use of the Website and Application and the entire Bragging Rights Suite of Services. You shall not post, upload, distribute or otherwise transmit through the Website or any Bragging Rights platform, any content that may be defamatory, libelous, constitute slander or may be pornographic, indecent, lewd, calculated to disparage, harass or threaten or to promote racism or other forms of hatred, impersonating as to any person or entity, violates the privacy or publicity rights of any person or entity, misrepresents your affiliation with any person or entity, is fraudulent, is, encourages or constitutes instructions regarding any criminal offense, contains personal identifying information of any person, or infringes upon any copyright, trade mark, trade secret, proprietary right or other intellectual property right of any person or entity.
By Your act of posting any content on any Bragging Rights platform, You warrant and represent to Bragging Rights and its members, managers and Affiliates that all postings comply with these Rules. You acknowledge that prohibited postings may expose You not only to being barred from Bragging Rights Website and Application and the entire Bragging Rights Suite of Services but also to civil liability to Bragging Rights and others, and exposure to criminal liability.
d. The Rules of Conduct in connection with Your use of Bragging Rights Website and application also prohibit You from posting, uploading, distribution or other transmitting to or through Our Website or Application, any malware or spyware, software viruses, corrupted data or other harmful, disruptive or destructive files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or contain, refer to or comprise advertisement, unsolicited offers, promotional materials, pyramid schemes, bulk mailing of commercial advertising, charity requests, signature petitions, or promotional giveaways, such as sweepstakes, contests and raffles. You will be subject to disqualification and/or blocking for, among other things, though not exclusively:
i. misrepresentation of eligibility;
ii. attempting in any way to impair the function of Our Website or Application or a third‑party Website to which Our Website provides a link, or to alter the functioning in any way;
iii. attempting to commit any form of fraud in connection with the Bragging Rights Suite of Services or any communication link made available to You by Bragging Rights;
iv. failure, when requested by Bragging Rights to furnish timely (and in any event within fourteen calendar days of request) an Affidavit or Declaration Of Eligibility that is legally binding in the jurisdiction of Your residence or participation;
v. use of any message boards, chat rooms or other communication facilities provided by Bragging Rights in a manner that is, in the sole opinion of Bragging Rights, inconsistent with the following Bragging Rights message board/communication facility guidelines set out in these Rules, and any other act which, in the sole and absolute discretion of Bragging Rights, is inconsistent with the integrity of the competitions available through the Bragging Rights Suite of Services or the goodwill or reputation of Bragging Rights.
e. Bragging Rights may provide from time to time, text communications to Our members. When provided, text and other communications are not monitored, but We reserve the right to do so. The content of messages that You post is subject to the following mandatory guidelines and deletion at the sole discretion of Bragging Rights upon the reasonable request of any Bragging Rights subscriber. Inappropriate message board and text communication content which is subject to deletion and at Our sole and absolute discretion and may be the basis of terminating use of the Bragging Rights Suite of Services or terminating use of the communication method involved, includes, but is not limited to:
i. strong expletives;
ii. hate speech;
iii. crude or explicit sexual references;
iv. messages pertaining to illegal drugs or other criminal or other activity prohibited by law;
v. strong language generally considered offensive (including without limitation, references to a particular race or nationality, sexual orientation, gender, religious faith or country);
vi. incitation to illegal violence or criminal activity;
vii. threatening or abusive content;
viii. any defamatory statements of any kind;
ix. any material that infringes upon any intellectual property;
x. content which in the sole discretion of Bragging Rights is inconsistent with the legitimate conduct of competitions made available through the Bragging Rights Suite of Services;
xi. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
xii. To partake in any activity or action that is not the intended purpose and use of Our Suite of Services;
xiii. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
xiv. To initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Website or Application or other attempt to disrupt the Website, Application or another person's use or enjoyment of the Website;
xv. To attempt to gain unauthorized access to the Website or impersonate the Company;
xvi. To use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
f. Also subject to deletion, blocking and other sanctions is any message board or text content that, in Our sole discretion, is speech that would not normally be acceptable to strangers or in a work place. Bragging Rights cannot monitor all message board or text communication content and will not attempt to do so. If any message board participant or party to a text communication through the Bragging Rights Suite of Services encounters content that such person believes should be deleted or believes is inconsistent with these guidelines, that person can report it to Bragging Rights at [email protected]. Bragging Rights does not pre‑screen or filter, record or monitor content that Our members post on message boards or send through any communication method that We make available. We do not endorse or otherwise approve of any content or opinions expressed by Our members. We reserve the right to remove and/or block message board and text communications for any reason whatsoever, including, but not limited to, content which, in Our sole discretion, is inconsistent with these Rules. Neither Bragging Rights, nor any employee, Affiliate or Sponsor of Bragging Rights assumes any liability for message board content or for any failure to remove or block message board content or any delay in removing or blocking it. Members who post content on a Bragging Rights provided message board, or use any text communication method provided by or through Bragging Rights, by doing so, assumes full personal responsibility for the lawfulness, completeness, accuracy, usefulness, truthfulness and compliance with these Rules for all posted content. Any members posting or communicating content shall indemnify, reimburse and hold Bragging Rights harmless from any and all damages, losses, liability and costs (including without limitation attorney fees and court costs) arising from, based upon, or in connection with the posted or communicated content.
g. The Rules of Conduct in connection with Your use of the Website, Application and the Bragging Rights Suite of Service also prohibits:
i. removal, circumvention, disabling or damaging or otherwise interfering with security‑related features of the Website, Application and the Bragging Rights Suite of Services;
ii. reverse engineering, disassembly, decompiling and all other activities related to discovery of source code used in connection with Our Website, Application or the Bragging Rights Suite of Service, or features that limit their use, or other actual or attempted piracy;
iii. actual or attempted modification, adaptation, or creation of derivative works based upon Our Website, Application and/or the Bragging Rights Suite of Service;
iv. the use of any so‑called robot, spider, scraper, crawler, or other automated means to access the Website, Application and/or the Bragging Rights Suite of Service, or to participate in any competition distributed through the Website or the Bragging Rights Suite of Services, including (but not limited to) for the purpose of bypassing, disabling or overcoming measures used to prevent or restrict access to the Website and/or the Bragging Rights Suite of Services.
v. Attempt to access or use the Bragging Rights Suite of Services by means of automatic, macro, programmed, or similar method;
vi. Use of any device, software or routine that interferes with the proper working of the Bragging Rights Suite of Services;
vii. Introduce any viruses, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful;
viii. Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Bragging Rights Suite of Services, the server on which Bragging Rights is stored, or any server, computer or database connected to the Bragging Rights Suite of Services’;
ix. Attack the Bragging Rights Suite of Services via a denial‑of‑service attack or a distributed denial‑of‑service attack;
x. Attempt to participate in any competition by means of shortcuts, cheats, glitches, or similar methods;
xi. Attempting to open and/or use multiple accounts (colloquially referred to as “smurfing”);
xii. Attempting to or posing as another Member;
xiii. Attempting to or accessing other Members P.I.I. or Our data;
xiv. Otherwise attempt to interfere with the proper working of the Bragging Rights Suite of Services.
h. The above are examples of prohibited conduct. They are not intended to be exhaustive. Any conduct by You that We, in Our sole discretion, restricts or inhibits any other Members from using or enjoying the Bragging Rights Suite of Service will not be permitted. We have the right, but no obligation, to monitor all content on the Bragging Rights Suite of Services, including profiles and in forums, to determine compliance with these Terms and any policies and other operating rules established by Us and to comply with any laws, regulations or authorized government requests. We, in our sole determination, will decide what content is acceptable. We retain the exclusive, but no obligation, to edit or remove any content at any time without notice to You, in Our sole discretion. Without limiting any other rights or remedies We have, any violation of these Terms may result in removal of the prohibited communications and/or suspension or termination of Your rights to use and access the Website and the Bragging Rights Suite of Services.
i. You understand that, when using Our Website and the entire Bragging Rights Suite of Services, You will be exposed to content from a variety of sources, and that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, any such content. Further, You understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If You object, you should not use the Bragging Rights Suite of Services. We do not pre‑screen or endorse any Third‑Party content and are not responsible or liable under any circumstances for said content.
j. You understand that access to the Bragging Rights Suite of Services may result in access to other Members names, screen names, e‑mail addresses and/or other information, as set out in the Privacy Policy (“Personal Identifying Information” or “PII”), which is protected by applicable data protection and privacy laws and regulations. You understand, acknowledge and agree that any Personal Identifying Information from other Members constitutes Confidential Information of Bragging Rights. You agree not to scrape, copy, aggregate, redistribute, alter, reproduce or re‑use any Member’s (whether specific to any particular Member or in the aggregate) information accessible through the Website or the Bragging Rights Suite of Services.
k. Bragging Rights offers its Members the opportunity to participate in online competitions and tournaments, some of which may have prizes for winners. If You participate in a competition or tournament, you may be required to sign an Affidavit of Eligibility and of Publicity and a Liability Release and, if applicable, report as taxable income the value of any such prizes You receive. Certain conditions of eligibility to compete in competitions or tournaments are set out in Section VI. All eligibility requirements are disclosed in connection with each competition or tournament. If You participate in a competition or tournament but are ineligible, Bragging Rights offer of any award will not apply to You and You will not be permitted to collect any prize. As a condition precedent to collecting a prize to which You are eligible, You may be required to provide information reasonably requested by Us. For a prize valued at more than $600 U.S., You must provide information that We are required by law obtain, or so We can prepare, file and mail any applicable Internal Revenue Service Forms (i.e., an IRS 1099‑MISC form). Bragging Rights and/or Our Affiliate or Sponsor who provide prizes will, if required, report the value of that prize to federal and/or state taxing authorities.
VI. ELIGIBILITY
a. There is a monthly recurring t fee to be a Member of the Bragging Rights Suite of Services. There may be a fee for enrollment based on the level of membership. Bragging Rights has three membership options:
1. Rookie - No Cost - Generally, Members can enter competitions and earn personal ranking;
2. Gamer - $4.99 - Generally, Members can compete in competition for Brag Tokens and enter tournaments for Brags or prizes and earn publicized rankings;
3. Rager - $9.99 - Generally, Members can compete in competitions for Brag Tokens and enter tournaments for Brags or prizes and earn publicized rankings. Publicized rankings can earn Ragers money by being in the top .1%. Ragers can also live-stream any match with the potential for ad-share. Ragers can also earn money by becoming professionally sponsored gamers.
b. All charges incurred in connection with the Bragging Rights monthly subscription are payable in advance, are final, and are non-refundable in whole or in part, for any reason, except as required by applicable laws in your State or jurisdiction.
c. Bragging Rights and/or, from time to time, an independent contractor of Bragging Rights, will include within the Bragging Rights Suite of Services skill‑based contests, competitions and tournaments for which Brag Tokens are required and for which Brags are awarded to winners. Other competitions may be free to play and yet offer an award or prize to winners. All Participation in contests, whether free or for which Brags are required, require a Membership.
d. We do not permit the wagering of cash or any fiat currency on Our website. In order to participate in competitions which require a wager, Brag Tokens are required. Brag Tokens can be obtained from Us. Brags are a hashed blockchain. We use Brags in order to protect our Members from fraud, deceit, cheating, theft or double-spend.
e. Brags can only be purchased by ACH transfer using a valid, U.S. bank account or, if permitted by your bank or credit card provider, a debit or credit card. Brags have no value outside of the Bragging Rights Suite of Services. Brags can only be used to participate in competitions in the Bragging Rights Suite of Services that require a wager, to enter tournaments, if required, or to redeem products and/or services offered for sale on our Website.
f. Competitions for which no Brags are required are open to residents of all fifty (50) states of the United States, Washington D.C. and all U.S. territories, who are at least thirteen (13) years of age at the time of entry.
g. Competitions for which Brags are required are only open to residents of the fifty (50) states of the United States, Washington D.C. and all U.S. territories, who are at least eighteen (18) years of age at the time of entry.
h. Competitions for which prizes are offered to winners, are sponsored by Us or, if so announced, a Bragging Rights Affiliate, Sponsor or independent contractor of Bragging Rights. Competitions that require no Brags and offer prizes are open to all residents of the fifty (50) states of the United States, Washington, D.C., and all U.S. territories. Competitions that require Brags and offer prizes are only open to residents of the fifty (50) states of the United States, Washington, D.C., and all U.S. territories, who are at least eighteen (18) years of age at the time of entry. For a comprehensive list of competitions, and competition‑specific rules that supplement these Terms, You may click HERE.
i. Competitions for which Brags are required and open to persons over the age of eighteen (18) must also be eligible for that competition and submit the required Brags.
j. Prizes. Notwithstanding Your status as a paid subscription Member, prizes of value may be awarded to winners who are younger than eighteen (18) years of age, but not younger than thirteen (13) years of age, unless You are participating from a State or jurisdiction where the awarding of prizes of value to minors is prohibited, illegal, or restricted.
i. To be eligible to receive a prize, only Members who are the registered owners of the e-mail address identified in the Member Account will be eligible to participate from that Account and email address.
ii. A Member’s participation from an email address other than his or her own is strictly prohibited and is null and void.
iii. Should there be a dispute regarding the identity of a winner, subject to all other eligibility conditions set out in these Terms, the winner shall be the person in whose name the Membership was obtained.
iv. No substitution or transfer of a prize is permitted, except that We reserve the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
k. Wagers. The number of Brags required to participate in a competition, if any, will be disclosed prior to the commencement of each competition. You must have Brags in Your Account at the time of entry into a competition in order to compete in that competition. At the beginning of a competition, any Brags submitted will automatically be removed from Your Account. You may not win Your competition. By agreeing to the number of Brags to compete in any given competition, You agree and acknowledge that any Brags used are non‑refundable.
l. Prizes and Promotions. Prizes will be awarded upon completion of a competition and verification of results. We reserve the right to cancel any competition at any time before its commencement. In the event of a cancellation, any Brags used will be refunded back to Your Account, except as specifically prohibited by these Terms. Each competition is governed by these Terms and the official rules set for that competition. You must read all competition or promotional Rules before participating in any competition.
m. Prize Awards. At the conclusion of a competition for which prizes are awarded, the prize will be immediately awarded except in circumstance of technical or other failure which prevents reasonable awarding of a timely payout. Prizes won that require mailing will be mailed to the winning Member’s address on file with Us at the time of the competition. In the event the prize are Brags, the Brags will immediately be credited to the winner’s Member Account. In the event of a tie, prizes will divided evenly amongst the competing Members that tied.
n. All Competition Will Be Completed. Technical difficulties with Your internet service, “lagging,” “dropped internet,” or any other such technical issues related to Your hardware, Internet Service Provide (“ISP) or equipment are not defenses to losing a competition. In the event that a competition ends prematurely, a winner will still be declared. We have the sole and absolute discretion to determine a competition’s result and winner. By participating in any competition, You agree to be bound by Our final decision. After a competition’s winner has been determined, Brags, if wagered, will be credited into the account of the winner(s).
o. Tournaments. From time to time, Bragging Rights, Our Affiliates and/or Sponsors may offer multi-member tournaments in which Our Members will participate in multiple competitions for which certain statistics are used to determine winners. Results and winnings or prize calculations are based on final statistics and scoring results at the completion of the last game of each individual competition. Once tournament results are reviewed and graded, prizes are awarded. The scoring results of a tournament will not be changed regardless of any official statistics or scoring adjustments made at a later time or date, except as decided in Our sole discretion. You must read all Tournament Rules before participating in any Tournament.
p. Prize Awards For Minors. For Members who are under the age of eighteen (18) and created an account with their parent or legal guardian’s permission, your parent or legal guardian may be requested to complete an Affidavit of Eligibility and a Liability/Publicity Release (unless otherwise prohibited by law) and/or appropriate tax forms, and/or any information relating to the award of the prize, as reasonably requested by Us, in order to complete the prize award to the minor child.
q. Bragging Rights reserves the right, in Our sole discretion, to cancel or suspend any competition (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the competition (or any portion thereof) and warrant doing so. We will make Our best efforts to notify all Member’s participating in said competition of cancellation or suspension of the competition, but in no way are We required to provide advance notification. In the event of cancellation or suspension of a competition in this scenario, all non-offending parties will be refunded any Brags used to enter the competition. Those who are determined to have caused the cancellation or suspension will forfeit any Brags used to enter the competition and, in Our sole discretion face having their Membership status revoked. If the interference is from a Member not a party to the competition, the Member Account of the offending member will be cancelled and forfeited and that Member shall be forever banned from using the Bragging Rights Suite of Services.
r. Employees and agents of Bragging Rights, together with members of their immediate families and those living in their households, are ineligible to participate in any competition on the Bragging Rights platform for which an award or prize is offered.
s. Any competitions, and Your participation in them, are void where prohibited or restricted by law. All federal, state and local laws and regulations apply.
t. A Sponsor of a competition reserves the right, in that Sponsors sole discretion, to disqualify, without notice, and block from participation, any Member who fails to comply with any part of these Terms or the specific rules of the competition.
u. Members are subject to disqualification and/or blocking for, among other acts:
(i) misrepresentation of eligibility;
(ii) attempting in any way to impair the function of Bragging Rights Website or Application or any Third‑Party website to which We provide a link, or to alter their functionality in any way;
(iii) attempting to commit any form of fraud in connection with any competition;
(iv) failure, when requested by a Sponsor, to furnish timely (and in any event within thirty (30) days of the Sponsor’s request) an Affidavit or Declaration of Eligibility in a form and substance satisfactory to the Sponsor that is legally binding in Your State or jurisdiction;
(v) use of any message boards provided by a Sponsor in a manner that, in the sole opinion of the Sponsor, is inconsistent with the Sponsor’s message board guidelines set out in these Terms;
(vi) participating in any competition or competitions while using multiple email addresses or email accounts; and,
(vii) any other act which, in a Sponsor’s sole opinion, is inconsistent with the integrity of any competition or the Sponsor’s goodwill or reputation.
v. Collusion. Subject to, and in addition to prohibitions listed in subsection u (above), collusion is strictly prohibited. Collusion occurs when two or more Members attempt to gain an unfair advantage by sharing knowledge or other information to another Member’s disadvantage. Any Member who attempts to collude or does collude with any other Member while using the Bragging Rights Suite of Services will be permanently banned from using the Bragging Rights Suite of Services, their Account will be immediately terminated and all Brags in the Member’s Account immediately forfeit.
Bragging Rights use all commercially reasonable efforts to investigate complaints registered against any Member(s) suspected of collusion. If We are informed during a competition about suspected collusive behavior, We may, in our sole discretion, terminate the suspected Members access to the Bragging Rights Suite of Services and/or block their Account during Our investigation. However, under no circumstances shall We be liable for any loss, whatsoever, sustained by You as a result of the collusive or otherwise unlawful activity of any person using the Bragging Rights Suite of Services. No Member shall have the right to require Us to take any other steps against a Member suspected of collusion, cheating or any other form of fraud, other than what is listed herein.
w. Conversion of Brag Tokens. Notwithstanding any other provision contained within these Terms, We have sole discretion regarding the processing of a request for conversion of Brags. Bragging Rights reserves the right to require proof of Your identity when a request for conversion has been made. If such verification is not received, a conversion request will be cancelled.
x. Taxes on Income. Any taxes associated with a conversion of Brags is Your sole responsibility. If applicable, We may request You provide Us a W-9 before the conversion is processed in the event that You have annual net income exceeding six hundred dollars ($600) and We are required to file a 1099‑MISC tax form by applicable federal law.
y. Taxes on Prizes. All taxes associated with the receipt of a prize are the sole responsibility of the winner. In the event that the awarding of any prize to a winner of a competition is challenged by any legal authority, We reserve the right, in Our sole discretion, to determine whether or not to award such a prize. If applicable, We may request You provide Us a W-9 before the prize is awarded in the event that You have a tax liability on the prize value and We are required to file a 1099‑MISC tax form.
z. Anti-Fraud. Bragging Rights conducts anti‑fraud and anti-money laundering checks on the purchase of Brags, the conversion of Brags and wagering patterns of Our Members prior to processing all requests for conversion of Brag. A conversion of Brags will be suspended for security purposes when a fraud is suspected. We may request additional information before Your conversion is approved. We reserve the right to refuse any request for conversion that does not meet the guidelines of these Terms.
aa. A conversion of Brags will take place via ACH direct deposit, without exception, to the bank or deposit institution listed in Your Account.
bb. Match Disputes. Some competitions use community-based dispute resolution. In the event of a dispute regarding the outcome of a competition, We may request competitors to upload additional evidence, including, but not limited to photographs, screen shots or video evidence of the competition result by means of Our Website or Application. If you believe there has been a mistake with respect to any distribution of Brags, please email us at [email protected]
cc. No Gambling. Bragging Rights is not a gambling service. Gambling is not permitted throughout the entire Bragging Rights Suite of Services. The competitions enabled through the Bragging Rights Suite of Services are skill‑based games, meaning the outcome of all competitions are based upon the skill of the competitors and not by chance. We do not possess any knowledge of the probability of any particular competitor winning a competition, and makes no representations about an individual Member’s odds of winning.
dd. If you have been banned from using any of the Bragging Rights Suite of Services, you may not, ever, use our Service. Once banned, You will never be permitted back onto our platform.
CAUTION ‑ ANY ATTEMPT BY A PARTICIPANT IN ANY COMPETITION OR ANY OTHER PERSON WHO DELIBERATELY DAMAGES THE WEBSITE OR APP OR ATTEMPTS TO SUBVERT, IMPAIR OR COMPROMISE THE LEGITIMATE CONDUCT OF ANY COMPETITION MAY BE A CRIME IN YOUR JURISDICTION. BRAGGING RIGHTS WILL SEEK TO PROTECT ALL OF ITS RIGHTS UNDER FEDERAL LAW AND THE LAW IN ALL OTHER APPROPRIATE JURISDICTIONS. SHOULD SUCH AN ATTEMPT BE MADE, BRAGGING RIGHTS RESERVES THE RIGHT TO SEEK CIVIL REMEDIES AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES AND COSTS OF COLLECTION, FROM ANY SUCH PARTICIPANT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, SEEK CRIMINAL PROSECUTION.
VII. EQUIPMENT
You, and You alone, are responsible for obtaining and maintaining all telephone, internet, computer hardware, software and any other equipment needed for access to and to use the Bragging Rights Suite of Services and all charges related thereto.
VIII. SALES OF GOODS
From time to time, We may offer goods or services that are advertised or posted on Our Website or Application. Only Brags can be used to access any goods or services. The fees assessed to access any goods or services are subject to change, if the transaction is not final and Brags transferred at the time of a fee revision. As to all tangible goods (or intellectual property fixed in a tangible medium).
i. to the fullest extent allowed by applicable law we make no warranty that the products or services are merchantable, fit for any particular purpose, or non-infringing and we disclaim all such warranties as may be implied or required by the law of any jurisdiction; and,
ii. We shall be deemed to have fully performed our duty to deliver any goods or services when delivered, either electronically or via a common carrier, freight prepaid (or a governmental postal service, postage prepaid) for shipment to You at the address (email or physical) that You supplied to Us. You understand that You bear the entire risk of loss or damage in transit, misdelivery and/or non‑delivery of the goods or services. Prior to deliver, We have the right to cancel any access to goods or services and refund any Brags used, if based on a mistake in the access fee listed on Our Website.
IX. TAXES
It is Your obligation, and not Bragging Rights, to pay all taxes imposed upon You for Your purchase of any Bragging Rights property, goods or services, by any taxing authority. It is Your responsibility to prepare and file all applicable federal and state returns and reports required by the State or jurisdiction You reside or from wherever You access the Bragging Rights Suite of Services. “Taxes” include, but are not limited to, value added taxes (“VAT”), an income tax on prizes awarded to You, income derived from Us or the use of the Bragging Rights Suite of Service, or sales tax, if applicable in your jurisdiction.
X. USER CONTENT
The Bragging Rights Suite of Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, the "Interactive Services") that allow Members to post, submit, publish, display or transmit to other Members ("post") content or materials (collectively, "Member Contributions") on or through the Bragging Rights Suite of Services. Bragging Rights assumes no responsibility for the conduct of any Member submitting any content ("Member Content"), and assumes no responsibility for monitoring any interactive services for inappropriate content or conduct. We are unable to pre‑screen or monitor all Member Content and We will not do so. Your use of the interactive services We offer will be at your own risk.
You hereby grant Bragging Rights an irrevocable, perpetual, transferable, fully paid‑up, royalty‑free, worldwide license (including the right to sub-license and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sub-license, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your Member Content as well as all modified and derivative works thereof in connection with the Bragging Rights Suite of Services, including marketing and promotions of Bragging Rights.
You further hereby grant to Bragging Rights the unconditional, irrevocable right to use and exploit your Member Name, likeness and any other information or material included in any Member Content and in connection with any Member Content, without any obligation to You. Except as prohibited by law, You waive any rights of attribution and/or any moral rights You may have in Your Member Content, regardless of whether Your Member Content is altered or changed in any manner. Bragging Rights does not claim any ownership rights in Your Member Content and nothing in these Terms is intended to restrict any rights You may have to use and exploit Your own Member Content.
When You transmit or upload Member Content, You represent and warrant that:
i. All content is accurate;
ii. All content is free of any infringing material on the third‑party intellectual property rights of others;
iii. All content will not be in violation of any laws, contractual restrictions, or other parties' rights;
iv. All content will be free of viruses, adware, spyware, worms, or other malicious code;
v. You own or control all rights in and to the Member Contributions and have the right to grant the license granted above to Us and our licensees, successors and assigns; and,
vi. All of your Member Contributions comply with these Terms.
Bragging Rights will remove Member Content:
i. if such Material violates these Terms, and we receive satisfactory notification of the same; or
ii. upon mutual agreement of each Member; or
iii. if Bragging Rights is legally obligated by court order or judgment, or pursuant to a settlement agreement resolving a lawsuit.
Members should use caution and good judgment when submitting Member Content because:
i. Members can be held legally responsible for damages to another Member’s reputation if a court were to find that the Member Content constitutes libel or defamation.
ii. Under federal law (i.e., the Communications Decency Act), because We do not censor Member Content or investigate them for accuracy, We are not legally responsible for the Member Content posted anywhere on the Bragging Rights Suite of Services, even if the Member Content is defamatory. However, for example, the Communications Decency Act does not protect any person’s Member Content from liability.
iii. Member Content that violate these Terms, or that meet any of the circumstances described below may be subject to removal:
1. Bragging Rights is provided with a valid court order finding that the disputed Member Content is slanderous, libelous, defamatory or otherwise illegal;
2. Member Content contain profane, vulgar, obscene, or racist language or adult Material. Inflammatory language, such as “fraud,” “liar,” “cheater,” “scam artist,” “con man,” etc., while strongly discouraged, will not be removed. Bragging Rights suggests You report the Member before posting such statements;
3. Member Content that contains Personal Identifying Information about another Member, including, but not limited to, a real name, address, phone number, or e‑mail address;
4. Member Content making reference to a law enforcement organization investigation;
5. Member Content containing links or scripts;
6. Member Content submitted by a Member who provides Bragging Rights with any false contact information;
7. Member Content submitted by a Member who is suspended, for any period of time, for certain policy violations within ninety (90) days of registration. Members who are indefinitely suspended soon after registration will not be able to permanently impact another Member.
8. Bragging Rights will automatically remove Member Content from Members indefinitely suspended within ninety (90) days of registration. Not all suspension types qualify for automatic removal.
9. Violations of these provisions may result in a range of actions, including without limitation, Account termination, limits on Account privileges, Account suspension and/or removal of Member Content.
XI. CHANGED TERMS
Bragging Rights reserves the right, at any time and in Our sole discretion, to change or modify these Terms and/or the Terms applicable to Your use of the Bragging Rights Suite of Services, or any part thereof, or to impose new terms, including, but not limited to, changes to subscription fees or other use charges. Except for Section XVII (Arbitration and Class Action Waiver), below, such additions, deletions, modifications, or changes will be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting a Notice on the Bragging Rights Website, updating the date of these Terms, listed at the very top of these Terms, by electronic or conventional mail, or by any other means which provides you notice. You should periodically check the Bragging Rights Website for any changes to these Terms. Any continued use of the Bragging Rights Suite of Services by You after the posting of any Notice of a change to these Terms will be deemed to constitute Your binding acceptance of any such additions, deletions, modifications, and/or changes. If any additions, deletions, modifications or change to these Terms is not acceptable to You, Your only recourse is to terminate Your Membership and refrain from using and accessing the Bragging Rights Suite of Services.
XII. EXPECTATION OF PRIVACY
Communications made using the Bragging Rights Suite of Services should not be considered private. You acknowledge and agree that You have no expectation of privacy concerning the transmission of any communication, including without limitation chat text or voice communications. Because voice chat and other communications may be viewed and/or heard by other Members, all Members should avoid revealing any Personal Identifying Information.
XIII. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
USE OF ANY OF THE BRAGGING RIGHTS SUITE OF SERVICES, WEBSITE OR APPLICATION AND ANY PRODUCT AND/OR INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN IS AT YOUR SOLE RISK. NEITHER BRAGGING RIGHTS, BRAGGING RIGHTS AFFILIATED COMPANIES, NON‑AFFILIATED PARTNERS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, THIRD‑PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “BRAGGING RIGHTS PARTIES”) WARRANT THAT THE BRAGGING RIGHTS SUITE OF SERVICES, PRODUCTS OR INFORMATION, CONTENT OR MATERIALS CONTAINED IN ANY OF THEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO WE WARRANT THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BRAGGING RIGHTS SUITE OF SERVICES, WEBSITE OR APPLICATION, OR ANY PRODUCTS, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH ANY OF THEM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR ACCESSED THROUGH OUR WEBSITE OR THE BRAGGING RIGHTS SUITE OF SERVICES OR THE PRODUCTS CONTAINED HEREIN. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH OUR WEBSITE OR APPLICATION OR ANY PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF ANY SUCH MATERIAL.
BRAGGING RIGHTS DOES NOT GUARANTEE THAT ANY PARTICULAR SERVICE IN THE BRAGGING RIGHTS SUITE OF SERVICES, PRODUCTS OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT BRAGGING RIGHTS WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. BRAGGING RIGHTS MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF ONLINE PRODUCT OR SERVICE FEATURES. BRAGGING RIGHTS RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ANY ONLINE PRODUCT WE FEATURE IN OUR SOLE DISCRETION WITHOUT NOTICE, INCLUDING, BUT NOT LIMITED TO, CEASING AN ONLINE SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE SERVICE OVER A PERIOD OF TIME.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRAGGING RIGHTS SUITE OF SERVICES, OUR WEBSITE AND APPLICATION, AND ANY PRODUCTS AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITHOUT WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE OR MERCHANTABILITY, OR NON‑INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. BRAGGING RIGHTS DISCLAIMS ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON‑INFRINGEMENT AS TO OUR SUITE OF SERVICES, WEBSITE AND APPLICATION, AND AS TO ANY PRODUCTS OR INFORMATION, CONTENT OR MATERIALS CONTAINED IN OUR WEBSITE OR APPLICATION. BRAGGING RIGHTS DOES NOT REPRESENT OR WARRANT THAT OUR SUITE OF SERVICES, PRODUCTS OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD USE AND EXCLUSIVELY RELY UPON INDUSTRY‑RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD AND TO OTHERWISE PROTECT YOUR DATA AND COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRAGGING RIGHTS OR THROUGH THE BRAGGING RIGHTS SUITE OF SERVICES, WEBSITE OR APPLICATION OR ANY PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION XI, THE TERM “BRAGGING RIGHTS” INCLUDES “ALL BRAGGING RIGHTS PARTIES.”
XIV. INDEMNIFICATION
You agree to defend, indemnify and hold the Bragging Rights Parties and their respective suppliers, licensors and partners harmless from and against any and all claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of:
(a) any violation of this Agreement;
(b) any negligent or wrongful conduct;
(c) Your use, misuse and/or access of the Bragging Rights Suite of Services;
(d) a violation by You of any applicable state or federal law;
(e) any content You post, store or otherwise transmit in or through the Bragging Right Suite of Services; and/or
(f) Your violation of the rights of any third party, or any breach of the representations, warranties, and covenants made by You herein.
Bragging Rights reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Bragging Rights, and You agree to cooperate with Bragging Rights defense of these claims, at Your sole cost and expense.
XV. TERMINATION OF SERVICE
You may unsubscribe at any time by sending an unsubscribe request to us at [email protected]. We will process Your request within a reasonable time after receipt. You may unsubscribe from any premium membership at any time by going to accounts.braggingrights.live/account/membership/unsubscribe and canceling the auto‑renew on Your membership. Bragging Rights shall have the unlimited right, but no obligation, to terminate Your account at any time and in doing so, terminate Your license and all passwords without notice to You. Bragging Rights reserves the right, without limitation, and without notice, and in our sole discretion, to terminate Your license to use the Bragging Rights Suite of Services, block access to Your accounts and passwords to the Bragging Rights Suite of Services and to block or prevent You from future access to and use of the Bragging Rights Suite of Services, Your account and passwords, or for any reason, including, without limitation, any violation of any provision of these Terms, or have acted in a manner which clearly shows that You do not intend to, or are unable to comply with the these Terms. The foregoing includes Bragging Rights having the ability to terminate or to suspend Your access to any accessed products or services. Your only remedy with respect to any dissatisfaction with (a) the Bragging Rights Suite of Services, (b) any provision of these Terms, (c) any policy or practice of Bragging Rights in operating the Bragging Rights Suite of Services or (d) any content or information transmitted through the Bragging Rights Suite of Services, is to terminate Your account and discontinuing use of the Bragging Rights Suite of Services. The introductory paragraphs and all sections of these Rules will survive any termination of Your access to the Website and Application.
XVI. JURISDICTION AND APPLICABLE LAW
The Bragging Rights Suite of Services is made available subject to these Terms.
For eligible residents of the United States, any claims arising out of these Terms (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims) will be subject to the laws of the State of Ohio, except to the extent that Ohio Conflict of Law rules would require application of the law of any State or jurisdiction other than Ohio. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth below is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of these Terms (including interpretation, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims)) shall be decided under the laws of the State where You were a resident at the time You obtained a Bragging Rights subscription Membership that is subject to these Terms. In addition, You and Bragging Rights irrevocably consent to the exclusive jurisdiction and venue of state or federal courts within Cuyahoga County, in the State of Ohio, to resolve any claims that are subject to exceptions to the arbitration agreement described in BINDING ARBITRATION AND CLASS ACTION WAIVER (Section XVII), below, or otherwise determined not to be arbitrable.
XVII. BINDING ARBITRATION AND CLASS ACTION WAIVER
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
The Binding Arbitration and Class Action Waiver provisions apply to You if You are domiciled in and/or use the Bragging Rights Suite of Services anywhere in the United States, Washington D.C. or any US territory. See JURISDICTION and APPLICABLE LAW (Section XVI), below, for details.
a. Initial Dispute Resolution: Bragging Rights Customer Support department is available 24 hours a day to address any concerns You may have regarding the Bragging Rights Suite of Services. We strive to resolve any concerns in this manner to our Member's satisfaction. All of the Parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating Arbitration.
b. Binding Arbitration: If the Parties do not reach an agreed upon resolution within a period of thirty (30) days from the time the Initial Dispute Resolution is commenced (above) then either party may initiate a mandatory binding Arbitration as the sole means to formally resolve all claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including its interpretation, formation, performance and breach), the Parties' relationship with each other and/or Your use of the Bragging Rights Suite of Services shall be finally settled by mandatory binding Arbitration administered by, and in accordance with, the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This Arbitration provision is made pursuant to a transaction involving interstate commerce and the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of these Terms notwithstanding any other Choice of Law provision contained within these Terms. An 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 these Terms, including without limitation any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. An arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. An arbitrator's award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction.
c. Location: If you are a resident of the United States, arbitration shall be initiated in Cuyahoga County, in the State of Ohio. You and Bragging Rights agree to submit to the personal jurisdiction of any federal or state court situated within Cuyahoga County, Ohio, in order to compel an Arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on an award entered by an arbitrator.
d. Class Action Waiver: The Parties agree that any Arbitration shall be conducted in their individual capacities only and not as a class or other representative action. The Parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BRAGGING RIGHTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR 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.
e. Exception ‑ Litigation of Intellectual Property or Small Claims Court Claims: Notwithstanding the Parties' decision to resolve all disputes through mandatory binding arbitration, either Party may bring an action in a state or federal court that only asserts claims for patent infringement or invalidity thereof, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity sake, claims related to the license granted to You in the Bragging Rights Suite of Services under these Terms. Either Party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
f. Changes to this Section: Bragging Rights will provide sixty (36) days Notice of any changes to this Section. Changes will become effective on the 61st day and will apply prospectively only to any claims arising after the 60th day.
XVIII. NOTICES
Bragging Rights may provide You with notice by any means, including, without limitation, e-mail, posting on our Website (www.braggingrights.live) or in-application messaging, any changes to the Terms of Service. Notice by email to You will be deemed given and received when the email is sent. If You do not consent to receive Notices electronically, you must stop using the Bragging Rights Suite of Services, Website and Application. A Notice that We give is deemed given even if it is intercepted by your spam filter and not actually read. Except for Notices To Unsubscribe, given in accordance with Section XIV ( Indemnification, above) and Section XXI (Miscellaneous Provisions, below), all Notices to Bragging Rights shall be in hard‑copy writing and shall be sent by United States Postal Service, Federal Express or United Parcel Service to Bragging Rights, Inc. LLC., Attention: Legal Department, 34420 St. Maron Blvd, Avon, Ohio, (U.S.A.). Notices sent to Bragging Rights pursuant to any section of these Terms shall be deemed duly served and effective only on actual receipt by Bragging Rights. We suggest you do this by certified mail.
XIX. TRADE MARKS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
a. The Bragging Rights Suite of Services, Website and Application are owned and operated by Bragging Rights. All content, trademarks and other proprietary materials and/or information on the Bragging Rights Suite of Services, Website and Application, including, but not limited to, Bragging Rights logos, tag lines, visual interfaces, graphics, designs, compilations, information, software, computer code (including both source code and object code), services, texts, pictures, photos, videos, graphics, music, information, data, sound files, other files and the selection and arrangement of all of them, and all other materials (collectively, “the Materials”) are protected by U.S. and/or International copyright, trademark, and patent laws and all other relevant intellectual property and proprietary rights, and applicable laws. Bragging Rights (together with its subsidiaries, affiliated companies and third‑party licensors) own all rights, title and interest, including, without limitation, all copyrights, in and to any and all of the Materials contained on the Bragging Rights Suite of Services, Website and application under U.S. and International copyright laws. Bragging Rights owns all rights, title and interest, including, without limitation, all copyrights, in and to any and all of the Materials contained on the Bragging Rights Suite of Services, Website and application as a collective work under U.S. and/or International copyright laws. Bragging Rights owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. All of the Materials contained in the Bragging Rights Suite of Services are the proprietary property of Bragging Rights and/or its subsidiaries or affiliated companies and/or third‑party licensors.
b. Bragging Rights, Bragging Rights trade name, logo, “Bet. Brag. Rank. Rage,” and the Brag Token are the exclusive property of Bragging Rights and are protected by U.S. and/or International trade dress and trademark laws and all other relevant intellectual property and proprietary rights and applicable laws. Bragging Rights hereby expressly reserves all rights, including, without limitation, all trademark rights, in and to the Bragging Rights Marks. Except as expressly noted in these Terms, all other trademarks appearing on the Bragging Rights Suite of Services are the property of Bragging Rights affiliates, or its respective owners. Unless otherwise agreed in writing by Bragging Rights, You agree that nothing in these Terms gives You a right to use any of the Bragging Rights Marks or any of Bragging Rights trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
c. Unless otherwise expressly agreed in writing by Bragging Rights, You are only granted a limited, non‑exclusive, terminable, non‑sublicensable license (i.e. a personal and limited right) to access and use the Bragging Rights Suite of Services, Website and Application for Your own personal use only, provided that, You acknowledge and agree that You do not acquire any ownership rights in or to the Bragging Rights Suite of Services, Website and Application and/or the Materials by accessing or otherwise using Our Website and/or services. This license is subject to these Terms and does not include any right to do any of the following: (a) resale or commercial use of the Bragging Rights Suite of Services or the Materials; (b) the distribution, public performance or public display of any of the Materials; (c) modifying, publishing, transmitting, participating in the transfer or sale of, creating or otherwise making any derivative uses of the Bragging Rights Suite of Services or the Materials, or any portion of them, or in any other way exploiting any of the Materials, in whole or in part; (d) using any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Bragging Rights Suite of Services, the Materials or any information contained in them, except as expressly permitted on the Bragging Rights Suite of Services; or (f) any use of the Bragging Rights Suite of Services or the Materials except for their intended purposes. Except as otherwise permitted as “fair use” under copyright law, no copying, redistribution, retransmission, publication or commercial or non‑commercial exploitation of the Materials will be permitted without the express permission of Bragging Rights and any other copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Any use of the Bragging Rights Suite of Services or the Materials except as specifically authorized in these Terms, without the prior written permission of Bragging Rights, is strictly prohibited. Any failure of Yours, solely or in combination with others to comply with them may have legal consequences which may include violating applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Terms, nothing in these Terms shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. The license granted to You under this Agreement may be terminated by Bragging Rights at any time, in Our sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by Bragging Rights.
XX. COPYRIGHT COMPLAINTS
Bragging Rights respects the intellectual property of others. Accordingly, We ask Our users to do the same. If You believe that Your work has been copied in a way that constitutes a copyright infringement, or that Your intellectual property rights have been otherwise violated, You should notify Bragging Rights of Your infringement allegation in accordance with the procedure below.
As set forth in our Copyright Policy, Bragging Rights will process and investigate notices of alleged infringement and will take appropriate actions under the United States Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of alleged copyright infringement should be emailed to Bragging Rights Copyright Agent at: [email protected]. The subject line should read: “DMCA Takedown Request." You may also send your takedown request by United States Postal Service, Federal Express or United Parcel Service to:
Bragging Rights, Inc.
Attn: DMCA Takedown Request
34420 St. Maron Blvd.
Avon, OH 44011
To be effective, any notification must be in writing and contain the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest which the allegation is being made;
b. A description of the copyrighted work or other intellectual property that You claim to have been infringed;
c. A description of where the material You allege is infringing is located on Our Website, with enough detail that We may find it on Our Website;
d. Your physical mailing address, telephone number and email address;
e. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
f. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are or represent the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Counter‑Notice: If You believe that Your user content that was removed, or to which access was disabled, is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use said content on Our Website, You may send a written Counter‑Notice containing the following information to the copyright agent:
a. Your physical or electronic signature;
b. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
c. A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
d. Your name, physical address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the State of Ohio and a statement that you will accept Service Of Process of the court upon the suit of the person who provided notification of the alleged infringement.
If a Counter‑Notice is received by Our Copyright Agent, We will send a copy of the Counter‑Notice to the original complaining party informing that person that the Sponsor may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in fourteen (14) days or more after receipt of the Counter‑Notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Bragging Rights has adopted a policy of terminating, in appropriate circumstances, and in Our sole discretion, the account and access to the Website and Application of Members who are deemed to be repeat infringers. Bragging Rights may, in its sole discretion, limit access to Our Website and/or Application and terminate the participation of any Member who infringes upon any intellectual property rights of another, whether or not there is any Repeat Infringement.
NOTICE under the United States Digital Millennium Copyright Act.
The DMCA provides that You may be liable for damages (including costs and attorney fees) if You knowingly misrepresent that material or activity is infringing. Please note that the information provided in Your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.
Should you have any questions regarding this Agreement you may contact us by emailing Us at [email protected].
XXI. MISCELLANEOUS
a. You warrant, represent, acknowledge and agree that You have and understand this Agreement, including, without limitation, all other provisions displayed on the Website and Application applicable to use of the Bragging Rights Suite of Services, Website and Application. This includes, but is not limited to, any supplemental terms that govern competitions and tournaments offered in connection with Our Website and Application and the use of certain specific materials contained on Our Website and Application. This includes any Operating Rules for the Bragging Rights Suite of Services and Our Privacy Policy.
b. Together, these provisions are the entire agreement of the Parties with respect to the subject matter hereof and thereof, and supersede any previous written or oral agreements between the Parties with respect to general and specific subject matter of this Agreement.
c. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You. Bragging Rights and the Bragging Rights Parties may hypothecate, sell, assign or transfer this Agreement or any part of this Agreement without restriction or notice. Any purported transfer or assignment attempted to be made by You in violation of this Agreement shall be void ab initio.
d. The provisions of this Agreement will be deemed severable. Any unenforceability of any one or more provisions will not affect the enforceability of any other provision, or of this Agreement as a whole. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the Parties.
e. The failure by Bragging Rights to partially or fully exercise any rights or the waiver of any breach of these Terms by You, shall not prevent a subsequent exercise of such right by Bragging Rights or be deemed a waiver by Bragging Rights of any subsequent breach by You of the same or other portion of these Terms.
f. Bragging Rights rights and remedies under these Terms shall be cumulative. The exercise of any such right or remedy shall not limit Bragging Rights right to exercise any other right or remedy.
g. The section headings used in these Terms are for convenience only and shall not be given any legal import.
h. If you are a California resident, California Civil Code Section 1798.83 permits You to request, once per calendar year, information regarding the disclosure of Your personal information by Us to third parties for the third parties’ direct marketing purposes. If applicable, this information includes the categories of personal identifying information and the names and addresses of those businesses with which We have shared Member information for the immediately preceding calendar year. To make such a request, please write Us at:
Bragging Rights, Inc
34420 St. Maron Blvd.
Avon, OH 44011
i. Force Majeure. Both You and Bragging Rights shall be excused from any failure to perform any obligation under this Agreement to the extent such failure is caused by war, terrorism, act of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of You or Bragging Rights, as applicable under the circumstances.
j. Injunctive Relief. You acknowledge that breach of this Agreement may result in irreparable harm and loss to Bragging Rights, and, upon a breach of this Agreement, Bragging Rights shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of, remedies at law and/or any other remedies set forth in these Terms.
XXII. THIRD‑PARTY TRADE MARKS
All rights reserved. Xbox®, Xbox One®, PlayStation®, PlayStation 4®, PlayStation 5®, Apple®, Electronic Arts®, Activision Blizzard®, Take‑Two Interactive® and Fortnite® are all registered trademarks of their respective owners. All other trademarks appearing throughout the Bragging Rights Suite of Services are the sole property of their respective owners. All content, games titles, trade names and/or trade dress, trademarks, artwork and associated imagery are trademarks and/or copyright material of their respective owners. Bragging Rights, its Website and application are not endorsed by, directly affiliated with, maintained or sponsored by any of the foregoing.