Terms and Conditions

Trezure INC., and as applicable, its subsidiaries and affiliates (collectively, “Trezure,” “we”, “our”, or “us”) own and operate the Trezure mobile application and website, located at www.playtrezure.com, through which we offer free-to-play games, paid-entry contests of skill, and other games, tools, and fantasy sports-related products and services (collectively, the “Services”). Before accessing or using the Services, please read these General Terms of Use and any additional terms, rules, guidelines, and conditions issued, from time to time, by Trezure (collectively, the “Terms”) carefully.

By creating an account or otherwise accessing and using the Services, you agree to be bound by these Terms, our Privacy Policy, and all applicable rules that may be published on the Services by Trezure, which form a legal agreement between you and us. If you do not agree to the aforementioned sets of terms, then you may not access or otherwise use the Services.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US, AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES. PLEASE READ THEM CAREFULLY.

These Terms may be updated, from time to time, in Trezure's sole discretion. You will be notified of such updates inside our app, and asked to agree to the Terms before proceeding.

1 THESE TERMS

1.1 You represent and warrant that you have the legal right and ability to agree to these Terms and that you have read, understood, and agree to the Terms with the intent to be legally bound by them.

1.2 By accessing or using the Services, you represent and warrant that you are the minimum age required to use each game, contest, or other feature within the Services that you access or use.

1.3 We reserve the right, at our sole discretion, to make changes to these Terms at any time. If we supplement, supersede, or make changes to these Terms, such amended Terms will be posted, and will take effect immediately, unless otherwise stated. You shall be responsible for reviewing and becoming familiar with any such changes, and your use of the Services following these changes, supplements, or other modifications shall constitute your acceptance of the Terms as amended.

2 USING THE SERVICES

2.1 You must create an account to access the Services. You agree to provide accurate, current, and complete information about yourself and to maintain and promptly update any account information to keep it accurate, current, and complete. Only one (1) account per verified person is permitted. Your account is unique to you and non-transferrable. For the avoidance of doubt, you may not “co-own” an account with another person or entity. You may not use a username for your account that promotes a commercial venture or a username that we determine, in our sole discretion, is offensive or otherwise violates these Terms. We may require you to change your username or may unilaterally change your username without notice to you, in our sole discretion.

2.2

You are also solely responsible for maintaining the confidentiality of your account, including protecting your login credentials and restricting access to your devices. You agree that you shall take all steps necessary to protect your login details and keep them secret. You accept responsibility for all activities that occur under your account and/or from your devices. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. Your password must, at a minimum: a) not contain your e-mail, b) have at least 8 characters, and c) have 2 of the following: 1 letter (case sensitive), 1 number, and 1 special character (i.e. !@#$%^&*). 2.3 You consent to transact with us electronically and receive legal notices and other communications electronically, including by e-mail, text messaging, push notifications (in accordance with your device settings), and/or by notices posted on the Services. You agree that any requirement that a communication be sent to you in writing is satisfied by such electronic communication and that you are responsible for maintaining an Internet browser, mobile device, or computing equipment capable of accessing the Services and said electronic communications.

2.3 You consent to transact with us electronically and receive legal notices and other communications electronically, including by e-mail, text messaging, push notifications (in accordance with your device settings), and/or by notices posted on the Services. You agree that any requirement that a communication be sent to you in writing is satisfied by such electronic communication and that you are responsible for maintaining an Internet browser, mobile device or computing equipment capable of accessing the Services and said electronic communications.

2.4 You acknowledge and agree that we may monitor and record communications related to Service usage and geographic location information for any reason, including and without limitation, in order to ensure compliance with applicable laws and regulations. We reserve the right to report unusual or suspicious activity to the proper authorities.

2.5 Specific rules, controls, and guidelines for each service, game or contest offered on the Services can be found on our website and/or within the game or contest. Such rules, controls and guidelines form part of these Terms and are incorporated herein. You also agree that any supplemental or additional terms that apply to the use of any game, contest, or other feature offered on the Services form a part of these Terms, and you agree that you shall comply with any such supplemental or additional terms, rules, controls, and guidelines in respect of each individual game or contest which you choose to access and/or play through the Services.

2.6 Trezure reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, content, or game variant), whether temporarily or permanently at any time for any reason. You agree that Trezure shall not be liable to you or any third-party for any modification, suspension, or discontinuation of the Services.

2.7 You agree that the sole and specific purpose of creating an account on Trezure is to participate in Trezure’s Services.

3. LICENSE AND INTELLECTUAL PROPERTY

3.1 As between you and Trezure, Trezure owns the Services, including, without limitation, all software, text, graphics, tools, links, code, recommendations, and other content or material provided in or through the use of the Services, as well as all Virtual Money and Virtual Goods, and all global intellectual property rights in the aforementioned.

3.2 Trezure grants you a restricted, personal, revocable, non-transferable, and non-exclusive right and license to access and utilize the Services, in agreement with these Terms, for your personal and non-commercial use. Please be aware that our Services may contain software governed by third-party licensing, and by using the Services, you commit to adhere to the terms and conditions of such licenses. Unless explicitly permitted herein, you shall not engage in, or allow any other individual to engage in, unauthorized activities with the Services.

3.3 Any trademark, logo, copyright, or related rights (collectively, the “Marks”) presented in the Services belong exclusively to Trezure or its licensors. You may not utilize or display such Marks without Trezure's explicit written consent. These Terms do not grant you any rights to use any Marks owned by Trezure or third parties.

4. USER CONTENT

4.1 For any data or content you provide through the Services (“User Content”), you grant Trezure and its partners a global, everlasting, irrevocable, royalty-free, and non-exclusive license to use such content for managing and enhancing the Services, as well as any other legitimate purpose Trezure sees fit. You assume full responsibility for all User Content you submit and pledge not to provide content that breaches these Terms. While Trezure isn't responsible for any User Content, you grant Trezure the right to defend your rights in that content.

4.2 Any information within User Content is used at your own risk. Trezure reserves the right, at its discretion, to manage your User Content, which might include removal or restriction.

4.3 Digital Millennium Copyright Act Notice: If you are a copyright holder or representative, and you believe there's been a copyright breach on the Services, please reach out to Trezure with the following details:·

Identification of the copyrighted work claimed to have been infringed;

· Identification of the allegedly infringing material on the Services that is requested to be removed;

· Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

· A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

· A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

· An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

4.4 If you believe your content on the Services was wrongfully removed or restricted, you may submit a counter-notification with:

· Your physical or electronic signature;

· An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address);

· A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

· A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.

5 LICENSE AND INTELLECTUAL PROPERTY

5.1 As between you and us, we own the Services, including, without limitation, all software, text, graphics, tools, links, code, recommendations, and other content or material provided in or through use of the Services, and all Virtual Money and Virtual Goods, and all worldwide intellectual property rights in the foregoing.

5.2 We grant you a limited, personal, revocable, non-transferable, and non-exclusive right and license to access and use the Services, in accordance with these Terms, for your personal and non-commercial use, as the Services were intended to be used.

5.3 Any trademark, service mark, copyright, logo, tradename, and/or the like (collectively, the “Marks”) contained in the Services, belongs exclusively to us or our licensors, and you may not use or display such Marks without our express written permission.

6 USER CONTENT

6.1 With respect to data, information, files, and content you submit or make available through the Services (collectively, “User Content”), you grant us and our partners certain rights.

6.2 You use any information contained in User Content at your own risk.

6.3 Digital Millennium Copyright Act Notice.

6.4 If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us.

7 PROHIBITED CONDUCT

7.1 When accessing and/or using our Services, you agree that you will not engage in certain prohibited actions.

7.2 If we have reason to suspect or learn that you are violating these Terms, we may take certain actions.

7.3 You further agree not to upload, communicate, transmit, or otherwise make available any User Content that violates these Terms.

8 WARRANTIES & DISCLAIMER

8.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON CERTAIN TERMS.

8.2 There will be times when our Services or a part or parts of them are not available.

8.3 You acknowledge and agree that your display name, scores, and other related details will be displayed to other users in connection with the use of the Services.

8.4 The Services may provide links or access to third-party websites, services, and payment functionalities.


9 LIMITATION OF LIABILITY

9.1 Under applicable laws, certain liabilities can't be limited or excluded. These Terms will not affect those liabilities.

9.2 SUBJECT TO APPLICABLE LAWS, TREZURE INC DISCLAIMS ALL LIABILITIES INCLUDING DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES RELATING TO YOUR USE OR INABILITY TO USE THE SERVICES. This includes damages resulting from: (A) your or any third-party actions on the service; (B) interruptions during service use; (C) service malfunctions; (D) our actions based on your communications; (E) unauthorized alterations to user content; (F) injuries or damages from using the service; (G) data processing errors; or (H) anything else relating to these Terms.

9.3 OUR MAXIMUM LIABILITY REGARDING THESE TERMS OR SERVICES IS $30.00. Claims against Trezure must be made within six (6) months of the triggering event.

10 INDEMNITY

10.1 You agree to protect and compensate Trezure Inc and its affiliates against all claims resulting from your service use, Terms violation, or any actions that violate rights or laws. Trezure reserves the right to defend itself at its own cost.

11 TERMINATION & SUSPENSION

11.1 You can remove the Services or close your account at any time.

11.2 Trezure can modify or end these Terms or the Services at any time for reasons including, but not limited to, breaches, legal requests, technical issues, or inactivity.

11.3 Account closure, whether by you or Trezure, might mean loss of virtual assets or data.

11.4 YOU AGREE THAT ACCOUNTS CREATED USING OUR SERVICES DO NOT PROVIDE YOU ANY OWNERSHIP OR PROPERTY RIGHTS. Accounts can be altered or deleted at our discretion.

12 GOVERNING LAW & MANDATORY ARBITRATION

12.1 THIS SECTION AFFECTS YOUR RIGHTS. BY AGREEING, YOU WAIVE RIGHTS TO COURT TRIALS.

12.2 Delaware laws will govern these Terms. Any invalid clauses won't affect the remaining ones. Disputes over these Terms will be handled by Delaware courts.

12.3 Claims must be reported to legal@trezure.com ASAP. Negotiations between parties will be the first step before litigation or arbitration.

12.4 DISPUTES WILL BE RESOLVED THROUGH ARBITRATION, NOT COURTS, EXCEPT FOR SMALL CLAIMS.

12.5 YOU AND TREZURE WAIVE RIGHTS TO JURY TRIALS AND CLASS ACTIONS.

12.6 Arbitration will be managed by JAMS. Hearings can be virtual, and locations will be convenient for both parties. Arbitration costs may be covered if they're prohibitive for you. The arbitrator's decisions will be final and can be enforced by any competent court.

12.7 For U.S. residents, arbitration will be conducted in Clark County, Nevada. Non-U.S. residents will also have their arbitration sessions in Clark County, Nevada, and both parties acquiesce to the jurisdiction of its courts.

13 GENERAL

13.1 These Terms constitute the entire agreement between you and Trezure Inc relating to its subject matter and supersedes all prior agreements, undertakings, representations, warranties, and arrangements of any nature relating to the same. Each party acknowledges that it has not been induced to enter into these Terms by any representation or warranty other than those contained in these Terms.

13.2 Upon termination of your account, your license to use the Services terminates. All provisions of these Terms which by their nature should survive termination shall do so, including, without limitation, Sections 2, 3, 4, 5 (except for 5.2), 6, 7, 8, 9, 10, 11, 12, and 13.

13.3 The failure of Trezure Inc to comply with any provision of these Terms due to an act of God, hurricane, pandemic, endemic, war, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Trezure Inc and/or other force majeure event will not be considered a breach of these Terms.

13.4 Use of the Services may involve transmission of data through your carrier or service provider’s network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. Trezure Inc assumes no liability or responsibility for the payment of any charges you may incur.

13.5 Trezure Inc may, from time to time in its sole discretion, develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, the “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Trezure Inc has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services.

13.6 You must not use, export, or re-export the Services contrary to any law of the United States and/or any other jurisdiction including without limitation the Export Administration Regulations of the United States. You represent and warrant that: (a) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States government as a “terrorist supporting” country; and (b) you are not listed on any United States government list of prohibited or restricted parties.

13.7 Trezure Inc may assign these Terms, in whole or in part without your consent, but you are always free to terminate your use of the Services. No person who is not a party to these Terms (other than any person specifically identified as a third-party beneficiary) shall have any right under any law to enforce any part of these Terms, and no consent is required from any third-party to change these Terms. No failure or delay by Trezure Inc to exercise or enforce any right or benefit under these Terms shall be deemed a waiver of such right or benefit nor operate to prevent or limit the future exercise or enforcement of that right or benefit. If any term or condition of these Terms is held invalid, void or otherwise unenforceable by any court, governmental agency, or authority of competent jurisdiction, the remainder of these Terms shall remain valid and enforceable.

13.8 Additional Terms for Apple’s App Store. In addition to the other terms set forth herein, the provisions of this section also apply to you if you obtained the Services from Apple’s App Store. These additional terms should not be read to limit any other provision of these Terms and should not be interpreted to affect the meaning of any other provision of these Terms. You acknowledge that these Terms are between you and Trezure Inc only, not with Apple, and Apple is not responsible for the Services. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereunder.

13.9 Additional Terms for the Google Play Store. In addition to the other terms set forth herein, the provisions of this section also apply to you if you obtained the Services from the Google Play Store. These additional terms should not be read to limit any other provision of these Terms and should not be interpreted to affect the meaning of any other provision of these Terms. You acknowledge that these Terms are between you and Trezure Inc only, not with Google, and Google is not responsible for the Services. Google and Google’s subsidiaries are third-party beneficiaries of these Terms, and, upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereunder.

14 CONTACT

If you have an inquiry regarding these Terms, or questions generally, you may contact us as at: support@playtrezure.com

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