NO PURCHASE NECESSARY. SEE CONTEST RULES FOR ENTRY METHODS
The Moneyfan web site at www.moneyfan.com (the “Site”) and the Moneyfan app (collectively, the “Services”) are owned and operated by Deuce4, Inc., a Delaware corporation (“we”, “our” or “ us”). The Services include all games, contests, features, activities, applications or other services available through the Moneyfan app or web site.
By creating an account, by using the Services, or, where the option exists, by clicking to accept or agree to these Terms of Service, you agree to be bound by these Terms of Services, as modified by us from time to time. If you do not agree with the Terms of Service, you may not use the Services.
IMPORTANT: These Terms of Service include an agreement to binding arbitration and a waiver of class action rights as set forth in more detail below.
3. Use of the Services
4. Registration and Account Creation
In order to use certain Services you may be required to register on the Site and create an account (an “Account”). This Account may be created automatically if you are using the Services through a social network or mobile device using, as applicable, your account with the social network or mobile application provider. Otherwise you will need to create an Account by providing current, complete and accurate information (including, if required, your email address) as prompted by the registration form. At the time of creation of your Account you may be asked to create a username and a password for the Account. Your username and password must not be in use by another user, must comply with the Code of Conduct and must conform to the security and other requirements of the Site and Services at the time they are created.
5.1 Browsing the Site
There are no eligibility requirements to access the publicly available portions of the Site through a Web browser.
5.2 Creating an Account; Participation in Games and Activities
MoneyFan Contests (the "Contest") is open only to legal residents of the fifty (50) United States and Washington, D.C., who are eighteen (18) years or older, or age of majority in their jurisdiction, whichever is older, and are registered members of MoneyFan. (Registration is free and is further described below). Deuce4 employees may participate in the Services offered and will do so for the purpose of testing the user experience, socializing with customers to build community, and other reasonable and fair uses at the discretion of Deuce4. Such employees may not be awarded with money or prizes. This Contest is void in all U.S. Territories (e.g., Guam and Puerto Rico), all foreign territories not specifically included herein, and where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
6. Legality; Your Responsibility to Comply with Applicable Laws
6.1 Your Responsibility to Comply with Applicable Laws
While we may restrict your ability to create an Account or participate in certain games and activities if you are using the Services in certain states, it is your responsibility to comply with all laws, regulations and rules of the city, state, province and/or country in which you reside or that apply to you. You agree that you are responsible for ensuring that you comply with all applicable laws and that we cannot be held liable if laws applicable to you restrict or prohibit your participation.
You are responsible for reporting and payment of all applicable taxes incurred in connection with any transactions using the Services. In compliance with U.S. Internal Revenue Service regulations, we may send an IRS Form 1099-MISC or other appropriate form to any person who wins in excess of $600 in connection with the Services in any year. Depending on the jurisdiction in which you reside we may also send you a W-9 or other tax forms. You may be required to provide us with your social security number or other tax id number in order to prepare and provide you with the necessary tax forms. If you fail to do so, we may withhold payment of any amounts in excess of $600. We reserve the right to withhold from any prizes or deduct from your Account any amounts required to be withheld or deducted by law.
7. Security of Username and Password; Responsibility for Account Activity
You are responsible for maintaining the confidentiality of your Account information including usernames, passwords, personal information, and billing information. You must notify us immediately of any unauthorized use, breach or theft or suspected use, breach or theft of your Account or your username, password or other Account information and promptly change your username or password to prevent any further unauthorized use of your Account. We will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. You are responsible for the activities occurring under your Account, including all purchases, and you will be liable for any losses or damages incurred by you, us or another party due to someone else using your Account. Your Account is personal to you and you may not transfer or make available your Account to others or use anyone else’s account at any time. Any actual or attempted transfer of your Account to any other person may result in cancellation of your Account without refund.
8. Subscriptions, Withdrawals; Account Fees
8.1 Subscription Membership
Moneyfan provides a subscription service that provides discounted gift cards to its subscribers and provides contests to its subscribers and non-subscribers to play free of charge. Subscription to Moneyfan's service does not entitle or guarantee subscribers any prizes that may be provided as giveaways in contests or promotions on Moneyfan’s website. By signing up for a subscription to Moneyfan, you consent to receiving electronic communications from Moneyfan. These communications may involve emails, in-app messaging, and/or push notifications. You must have a valid accepted method of payment to use the Moneyfan subscription service. Moneyfan will bill the fee for the daily membership to your Payment Method. Membership fees are fully earned upon payment.
8.2 No Refunds
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS. It is Deuce4's sole and complete discretion to offer for any reason at any time refunds, discounts or other consideration to few or all of Deuce4's members.
You may request withdrawal of funds in your Account at any time. Any amounts in your Account in excess of any amounts that you owe to us will be eligible to be withdrawn; provided that we may freeze amounts in your Account pending the outcome of an investigation of any breach of these Terms of Service. Amounts withdrawn will be either: (a) deposited to your Paypal account, or (b) paid by check mailed to the address provided. We may establish and modify from time to time minimum withdrawal amounts.
8.4 Account Fees
We reserve the right to charge fees for deposits and withdrawals, check processing and mailing, and for deposit and/or withdrawal transactions that exceed limits we may establish. We may also charge you fees to the extent Paypal, or any other third party charges us any amounts in connection with any withdrawals or other transactions you initiate. You hereby authorize us to charge any such fees against the funds in your Account.
9. Contest Rules
The results and winners will be determined by us, and such determinations are final. By participating in any game or other activity using the Services you agree to be bound by our determinations.
Website and viewing of the games available for entry (the “Contests”) are available for all eligible users to view. Deuce4 offers Contests for multiple events. All individual Some contests require tokens and are indicated as such contests. Tokens are provided free of charge and do not have any value other than to be used to participate in contests offered by Deuce4 and are a complimentary service to subscribers. You may mail in a request to play, by mailing in a legibly handwritten, self-addressed, stamped envelope (“LHSASE”) request to Deuce4 Inc, PO Box 3512 Bellevue WA 98009-9283 with sufficient postage, return address, including username entered on the Moneyfan Website/Application, email address, first and last name, street address, city, state, and ZIP code. The envelope must include a return address in the upper left hand corner that matches the requestor’s street address. Upon receiving the mail in request Deuce4 will email the content of the subscription and credit the user’s account designated in the request for the following week if received within 2 business days of the weekend. If received after the cut off time, Deuce4 reserves the right to deliver and credit the account for the following week. Requests that are sent in business reply envelopes, that utilize address labels and/or stickers (for any address), that are photocopied, hand-stamped, computer-generated or otherwise mechanically or digitally produced or reproduced, that are not mailed in separate outer stamped mailing envelopes, or that otherwise fail to comply with the Official Rules, will NOT be honored, acknowledged or returned, and the persons submitting such requests will forfeit any corresponding postage and unused envelopes. When you select to participate in a Contest and complete the entry process, the listed amount of tokens will be debited from your Moneyfan account. You would then follow the instructions provided and utilize the links provided in order to complete the entry process. In the event of a dispute regarding the entrant’s identity, the entry will be deemed submitted by the person to whom the Username belongs. If possession of the Username is also contested and is ambiguous in opinion and at the sole discretion of Deuce4, the entry will be deemed submitted by the person whose name is on the email address as on file with the email service provider. Should Deuce4 discern that an individual did not submit the winning entry, at its sole discretion, Deuce4 reserves the right not to award a prize to said individual.
10. Code of Conduct
You agree that you will not, under any circumstances do or attempt to do any of the following:
· Use the Services for or in connection with any illegal activity, or to promote any illegal activity;
Use the Services for or in connection with any commercial purpose;
· Cheat or use, develop or distribute automation software programs (known as "bots"), macro software programs or other cheat utility software program or applications which are designed to modify the game experience, or a;
· Disrupt, or assist or encourage others to disrupt, the game experience or any computer used to support the Services;
· Access, or assist or encourage others to access the Services, other user accounts, or any computer used to support the Services in an unauthorized manner;
· Reproduce, translate, reverse engineer, modify, disassemble, decompile or create any derivative works of the Services, except to the extent permitted by applicable law;
· Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services, or other users' computers;
· Use any software, technology, or device to (a) emulate a human being interacting with the Services, (b) send content or messages, or (c) scrape, spider, or crawl the Services, or harvest or manipulate data;
The Services, including without limitation all computer code used to provide the Services, all games and other works published or provided through the Services and all game-play or game-play recordings created using the Services are copyrighted works owned by Deuce4, Inc. Deuce4, Inc. reserves all rights in connection with the foregoing.
12. Modification to Services
We reserve the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
13. Suspension and Termination of Account and Service
We reserve the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time. We reserve the right to limit, suspend, modify or terminate your Account or your access to any or all of the Services at any time, with or without providing notice to you, if we believe you are in breach or violation of these Terms of Service or if we believe you are engaged in any illegal or improper use of the Services. In the event your Account or access to the Services is suspended or terminated due to breach of these Terms of Service or due to actual suspected fraud or abuse, we reserve the right to retain any funds in the Account pending the outcome of our investigation. If we determine that there was a breach of the Terms of Service, fraud or abuse we will retain the funds in the account and apply them against the costs of our investigation or apply them to other games or contests on the Site. In the event your Account or access to the Services is terminated by you or us for any reason, we will refund the amounts in the Account per the procedures for withdrawal of funds described above.
14. DISCLAIMER OF WARRANTIES
The Services are provided "AS IS" and "AS AVAILABLE" and to the maximum extent permitted by applicable law WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE. Without limiting the foregoing, we do not warrant that the Services will operate uninterrupted or error-free, that defects will be corrected, or that the Services will be free of viruses or other harmful components. Your access and use of the Services is at your own risk.
15. DISCLAIMER OF CERTAIN TYPES OF DAMAGES
16. LIMITATION OF LIABILITY
The foregoing disclaimer of warranties, disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states/jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. To the extent that those laws apply to these Terms of Service, the exclusions and limitations set forth above may not apply to you.
17. Indemnification You agree to defend, indemnify, and hold us harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys' fees) incurred by Us arising out of or from (a) your access and use of the Services, or (b) your violation of these Terms of Service.
18. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
18.1 Initial Dispute Resolution The parties shall use good faith efforts using the customer service routes provided on the Site and with the Services to settle any dispute, claim, question, or disagreement and good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
18.2 Binding Arbitration
If the parties do not reach an agreed upon solution after at least thirty (30) days of good faith efforts with Moneyfan’s customer service, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to any claim that all or any part of these Terms of Service are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of New York, State of New York, United States of America, and you and Deuce4, Inc. agree to submit to the personal jurisdiction of any federal or state court in New York County, New York, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
18.4 Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND DEUCE4, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
18.5 Exception - Litigation of Intellectual Property and Small Claims
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
18.6 30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Deuce4, Inc., PO Box 3512, Bellevue, WA 98009-3512. The notice must be sent within 30 days of your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
Changes to this Section We will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
For any dispute not subject to arbitration you and Deuce4, Inc. agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Wilmington, Delaware. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
19. General Provisions
19.1 Waiver, Severability.
19.2 Injunctive Relief.
You acknowledge that any breach by you of any obligations under these Terms of Service may irreparably harm us and may not be adequately compensated by money damages such that we shall be entitled to seek injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you.
19.3 Controlling Law and Jurisdiction. These Terms of Service and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of law provisions to the contrary. Subject to the arbitration and other terms of Section 18, all claims, legal proceedings or litigation arising in connection with these Terms of Service will be brought solely in the state and federal courts located in Delaware, and you consent to the jurisdiction of and venue in such courts. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
19.4 Other Jurisdictions. We publish and deliver the Services from our locations in the United States. We make no representation that this application is appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
19.5 Entire Agreement.
Copyright 2018 - Deuce4 Inc. - All Rights Reserved