Main Stage Bets: Terms of Use

1. Eligibility and Your Account

You must be at least 18 years of age to create an account or use Main Stage Bets. By creating an account or using Main Stage Bets, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

When you create an account, you agree to provide information that is accurate, current and complete and to keep your account information reasonably current. You may maintain and use only one Main Stage Bets account.

Your account is personal to you. You may not sell, assign, transfer, lend, share or otherwise permit another person to use your account, and you may not access or use another person’s account without authorization.

You are responsible for maintaining the confidentiality and security of your password and other account credentials and for activity occurring through your account to the extent resulting from your acts or omissions. You agree to notify us promptly at the contact information in Section 28 if you know or reasonably suspect that your account or credentials have been accessed or used without authorization.

You may not create an account using false or misleading information, impersonate another person, misrepresent your identity or affiliation, or create an account for another person without authorization.

We may require information or verification reasonably necessary to establish your identity, age, eligibility, account ownership or compliance with these Terms.

2. Main Stage Bets; Relationship to the Official Rules and Privacy Policy

Main Stage Bets is made available through the Platform and may include prediction games, contests, leaderboards, social features, communications and other functionality.

Certain prediction contests conducted through Main Stage Bets are governed by separate Main Stage Bets Official Rules (the “Official Rules”), available at https://msb.10thsttalent.com/contest-rules and through the Application.

These Terms govern access to and use of the Platform generally. The Official Rules govern participation in and administration of the prediction contests conducted through Main Stage Bets, including contest eligibility, geographic requirements, predictions, gameplay points, scoring, determination of results, prizes, winner verification and prize fulfillment.

Our collection, use, disclosure, retention and other handling of personal information in connection with Main Stage Bets is governed by the Main Stage Bets Privacy Policy (the “Privacy Policy”), available at https://msb.10thsttalent.com/privacy and through the Application.

These Terms, the Privacy Policy and the Official Rules are intended to operate together. If these Terms and the Official Rules conflict concerning contest eligibility, predictions, gameplay points, scoring, determination of results, prizes or another contest-specific matter, the Official Rules control with respect to that matter. If these Terms and the Privacy Policy conflict concerning our collection, use, disclosure, retention or other handling of personal information, the Privacy Policy controls with respect to that matter. These Terms continue to govern access to and use of the Platform generally except to the extent another document expressly controls as provided above.

Nothing in these Terms independently creates any right to participate in or win a contest. Participation in any contest is subject to satisfaction of the applicable Official Rules.

3. Gameplay Points; No Real-Money Wagering

Main Stage Bets may provide free gameplay points (“Game Points”) for use within the game.

Game Points cannot be purchased, sold, assigned, transferred, gifted, redeemed, withdrawn or exchanged for cash, merchandise, services, gift cards or anything else of value. Game Points have no cash, monetary or redemption value and do not constitute money, currency, property, a deposit, a stored-value account or a vested right.

We may expire, reset, restore, adjust, correct or cancel Game Points as reasonably necessary to operate Main Stage Bets, correct errors, address misconduct or preserve the fairness, security or integrity of the Platform or Main Stage Bets, subject to the Official Rules with respect to any active prediction contest.

Main Stage Bets does not permit real-money wagering. No money, property or other item having monetary or redeemable value may be staked, deposited or wagered through the Platform.

Terms such as “bet,” “stake,” “odds,” “market,” “pool,” “payout” or similar terminology may be used in the Main Stage Bets name, branding, interface or related materials solely to describe the entertainment and scoring mechanics of the game. Such terminology does not mean that money, property or anything else having monetary or redeemable value is being wagered.

You may not use or attempt to use the Platform to conduct, facilitate, advertise or settle an unauthorized wager, gambling transaction, exchange of money or property, or other transaction involving anything of monetary value.

Contest-specific provisions governing Game Points, predictions and scoring are set forth in the Official Rules.

4. Limited License to Use the Platform

The Application is licensed, not sold, to you.

Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to:

‏ • download, install and use the Application on devices that you own or control, subject to applicable rules of the Apple App Store or Google Play; and

‏ • access and use the Website and other portions of the Platform,

in each case solely for your own lawful, personal, noncommercial use of Main Stage Bets and in accordance with these Terms.

This license does not transfer to you any ownership interest in the Platform or any content, software, technology or intellectual property made available through it.

Except to the extent expressly permitted by applicable law notwithstanding these restrictions, you may not:

‏ • copy, reproduce, modify, adapt, translate, distribute, publicly display, publicly perform, publish, republish or create derivative works from any portion of the Platform;

‏ • sell, rent, lease, lend, sublicense, assign, transfer or commercially exploit the Platform;

‏ • reverse engineer, decompile, disassemble, decode or otherwise attempt to derive or obtain the source code, underlying ideas, algorithms, structure or organization of the Platform;

‏ • remove, obscure or alter any copyright, trademark, proprietary-rights or other notices appearing through the Platform;

‏ • access or use the Platform to develop, train, improve, benchmark or provide a competing product or service without our prior written consent;

‏ • frame, mirror or otherwise incorporate any portion of the Platform into another website, application or service without our prior written consent;

‏ • circumvent, disable, interfere with or attempt to defeat any authentication, access-control, rate-limiting, security, copy-protection or other technological feature of the Platform;

‏ • probe, scan or test the vulnerability of the Platform or any associated system or network without authorization; or

‏ • access or use the Platform in any manner not expressly permitted by these Terms.

We reserve all rights not expressly granted to you.

5. Intellectual Property Ownership

The Platform, Main Stage Bets and all content and materials made available by or on behalf of 10th St. Talent through the Platform, including software, source and object code, interfaces, designs, layouts, graphics, artwork, text, data compilations, scoring systems, functionality, logos, names, trademarks, service marks and other content or technology (collectively, “Platform Materials”), are owned by or licensed to 10th St. Talent and are protected by copyright, trademark, trade secret and other intellectual-property and proprietary-rights laws.

Except for the limited license expressly granted in Section 4, nothing in these Terms grants you any license or other right in or to any Platform Materials.

“Main Stage Bets,” “10th St. Talent,” and related names, logos, product names, service names, designs and slogans are trademarks or other proprietary indicia of 10th St. Talent or its licensors. You may not use them without prior written permission from the applicable owner.

References through the Platform to trademarks, names or other intellectual property belonging to Main Street Summit, Capital Camp, Apple, Google or any other third party do not grant you any right to use such intellectual property.

6. User Content

The Platform may permit you to create, submit, post, upload, publish, display, transmit or otherwise make available comments, messages, reactions, profile photographs, profile information, usernames or display names, reports, complaints, feedback, communications, text, images, links, documents and other content, materials or information that you provide through or in connection with the Platform, whether publicly visible to other users or submitted privately to us (collectively, “User Content”).

You retain whatever ownership rights you otherwise have in User Content you submit.

By submitting User Content through the Platform, you grant 10th St. Talent a non-exclusive, worldwide, royalty-free, fully paid-up license to host, store, reproduce, transmit, display, perform, distribute, format, reformat, adapt and otherwise use that User Content to the extent reasonably necessary to:

‏ • operate, provide, maintain and improve the Platform and Main Stage Bets;

‏ • display User Content to other users where contemplated by the applicable Platform feature;

‏ • administer and enforce these Terms, the Official Rules and Platform policies;

‏ • investigate reports, complaints, fraud, abuse or security matters;

‏ • moderate, restrict or remove content;

‏ • provide technical support;

‏ • protect the security, integrity and operation of the Platform; and

‏ • comply with applicable law or legal process.

This license continues for as long as reasonably necessary to provide the applicable functionality or accomplish the foregoing purposes. Deletion of User Content or your account does not require deletion of copies retained where permitted under the Privacy Policy, applicable law, ordinary backup processes, legal holds, security requirements or records reasonably necessary to document prior Platform activity.

You represent and warrant that you own or otherwise have all rights necessary to submit your User Content and grant the rights described in these Terms, and that your User Content and our permitted use of it will not violate applicable law or infringe, misappropriate or otherwise violate the rights of another person.

You are solely responsible for User Content you submit and for the consequences of making it available through the Platform.

7. Zero Tolerance for Objectionable Content and Abusive Users

We have zero tolerance for objectionable content and abusive users.

You may not create, submit, post, upload, transmit, display, promote, solicit or otherwise make available through the Platform any User Content, and you may not engage in conduct through or in connection with the Platform, that:

‏ • is unlawful, fraudulent or deceptive;

‏ • threatens, encourages, glorifies or facilitates violence, physical harm or illegal conduct;

‏ • threatens, harasses, bullies, stalks, intimidates, abuses, humiliates or maliciously targets another person;

‏ • is defamatory, libelous or knowingly false or misleading in a manner reasonably likely to harm another person;

‏ • is obscene, pornographic or sexually explicit;

‏ • sexually exploits, abuses or endangers any person;

‏ • promotes hatred, discrimination or dehumanization based on race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or another characteristic protected by applicable law;

‏ • contains credible threats of violence or encourages self-harm or harm to others;

‏ • invades another person’s privacy or discloses another person’s private, confidential or sensitive information without authorization;

‏ • impersonates another person or falsely suggests an affiliation, endorsement or relationship;

‏ • infringes, misappropriates or otherwise violates intellectual-property, publicity, privacy or other rights of another person;

‏ • contains malicious code, viruses, malware or other material designed to interfere with, damage or gain unauthorized access to a device, system or network;

‏ • constitutes spam, unauthorized advertising, solicitation, chain messaging or other unwanted commercial content;

‏ • is intended primarily to provoke, harass, disrupt or interfere with other users’ enjoyment of the Platform;

‏ • encourages or assists another person to violate these Terms; or

‏ • is otherwise objectionable or inconsistent with the intended safe, respectful and lawful use of the Platform.

The foregoing standards apply to all User Content and to all other activity and conduct occurring through or in connection with the Platform, including interactions with other users and use of Platform features or functionality, whether such activity or conduct is publicly visible, directed to a particular user, submitted privately to us or otherwise occurs through the Platform.

We may remove, restrict, hide or disable access to User Content and may warn, restrict, suspend or terminate users that we reasonably determine have violated these standards. Particularly serious conduct may result in immediate removal or termination without prior warning.

8. Reporting Content and Blocking Users

The Platform provides or may provide functionality that enables users to report User Content or users they believe violate these Terms.

If you encounter content or conduct you believe is objectionable, abusive or otherwise violates these Terms, you should use the reporting functionality available through the Platform or contact us using the information in Section 28.

We may review reports and take action we determine reasonably appropriate under the circumstances, including removing content, restricting functionality, warning a user, limiting interactions, suspending or terminating an account, preserving relevant records or referring a matter to appropriate authorities where warranted.

We endeavor to review and respond to reports of objectionable content or abusive conduct in a reasonably timely manner, taking into account the nature and seriousness of the reported matter.

Where blocking functionality is available, you may use it to block another user. Blocking may limit your ability to view or interact with that user’s content or activity, but may not remove information that remains necessary for leaderboard, prediction, scoring, contest-integrity or other Platform functions.

We do not guarantee that we will identify every violation before it occurs or is reported, and our moderation of User Content does not make us responsible for User Content submitted by users.

9. Additional Restrictions

In addition to the restrictions elsewhere in these Terms, you may not, directly or indirectly:

‏ • use the Platform for an unlawful, fraudulent or unauthorized purpose;

‏ • violate the Official Rules;

‏ • create, maintain or use more than one account;

‏ • allow another person to use your account or use another person’s account;

‏ • provide false, inaccurate or misleading account, identity, eligibility or location information;

‏ • use automated means, bots, scripts, crawlers, scrapers or similar technology to access the Platform, create accounts, submit predictions, post content, collect information or interact with Platform functionality;

‏ • scrape, harvest, extract or collect information concerning other users except through ordinary use of functionality expressly made available by the Platform;

‏ • use a VPN, proxy, location-spoofing technology or other means for the purpose of concealing or misrepresenting your physical location in connection with a prediction or eligibility requirement;

‏ • manipulate or attempt to manipulate a Market, Game Point pool, score, leaderboard, prediction result or other Platform function;

‏ • collude or coordinate with another person to manipulate Main Stage Bets;

‏ • submit a prediction concerning an outcome you control or materially influence or concerning which you possess prohibited material nonpublic, confidential or advance information;

‏ • exploit or attempt to exploit a bug, error, latency issue, vulnerability or unintended Platform behavior;

‏ • gain or attempt to gain unauthorized access to an account, server, database, network, system or nonpublic portion of the Platform;

‏ • probe, scan, test or circumvent authentication, authorization, rate limiting, security or access controls;

‏ • interfere with, disrupt, damage, disable, overburden or impair the Platform or any server or network used to provide it;

‏ • introduce malicious software or code;

‏ • use the Platform in a manner that could compromise the security, integrity, fairness or proper operation of Main Stage Bets;

‏ • access the Platform for the purpose of monitoring its availability, performance or functionality for competitive purposes;

‏ • falsely state or imply that you are affiliated with or endorsed by 10th St. Talent, Main Street Summit, Capital Camp, Apple, Google or another person;

‏ • use the Platform to infringe or violate the rights of another person; or

‏ • assist, encourage or permit another person to do any of the foregoing.

Contest-specific consequences of conduct affecting a prediction contest are governed by the Official Rules. We may separately restrict, suspend or terminate Platform access under these Terms.

10. Moderation and Enforcement

We may, but are not obligated to, monitor, review, investigate, screen, filter, restrict, moderate or remove User Content or Platform activity.

We may use automated tools, human review or a combination of methods to support moderation, security, integrity and enforcement.

We may take action if we reasonably believe that User Content, an account or other conduct:

‏ • violates these Terms, the Official Rules or another applicable policy;

‏ • creates risk or potential liability for us, another user or a third party;

‏ • threatens the safety, security, integrity or proper functioning of the Platform;

‏ • involves suspected fraud, manipulation, abuse or unlawful conduct;

‏ • could compromise the actual or perceived fairness or integrity of Main Stage Bets; or

‏ • is otherwise inconsistent with the intended operation of the Platform.

Our decision not to act with respect to particular content or conduct does not waive our right to take action later or with respect to similar conduct.

11. Feedback

If you voluntarily provide us with suggestions, ideas, comments, improvements, feature requests or other feedback concerning Main Stage Bets or the Platform (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sublicensable right to use, reproduce, modify, develop, disclose, distribute and otherwise exploit that Feedback for any lawful purpose without restriction, attribution or compensation to you.

You should not submit Feedback containing information you consider confidential or proprietary.

12. Privacy

Our collection, use, disclosure, retention and other handling of personal information in connection with Main Stage Bets is governed by the Privacy Policy.

The Privacy Policy describes, among other things, information collected in connection with accounts, gameplay, eligibility, location-compliance measures, communications, user content, winner verification, device and technical information, account deletion and retention.

Certain profile, prediction, gameplay, leaderboard, comment, reaction and other information may be visible to other users as described in the Privacy Policy.

Nothing in these Terms expands our rights to collect, use, disclose or retain personal information beyond those described in the Privacy Policy or otherwise permitted by applicable law.

13. Communications

By creating an account, you agree that we may send you communications reasonably necessary to operate and administer your account and Main Stage Bets, including account notices, password resets, security communications, eligibility and compliance communications, winner notifications and prize-related communications.

If you enable push notifications, we may send push notifications in accordance with your device settings and the Privacy Policy.

Marketing communications are governed by your marketing preferences and the Privacy Policy. You may opt out of marketing email without terminating your account or preventing receipt of service-related communications.

You are responsible for maintaining a current email address associated with your account.

14. Geographic Availability

The Platform is intended for use in the United States.

Accessing, downloading or viewing the Platform from a particular location does not constitute a representation or warranty that all features, services, activities or functionality offered through the Platform are lawful or available in that location.

In particular, access to the Platform from outside Missouri does not constitute an offer or authorization to participate in a Main Stage Bets prediction contest from outside Missouri. Geographic eligibility for participation in a prediction contest is governed by the Official Rules.

You are responsible for complying with laws applicable to your access to and use of the Platform.

15. Third-Party Services, Terms and Content

The Platform may depend on, interact with or contain links to third-party products, websites, platforms, services or technology, including Apple, Google and other technology or infrastructure providers.

We do not control third-party services and, except to the extent otherwise required by applicable law, are not responsible for their availability, content, security, functionality or independent privacy practices.

Your use of third-party products or services may be subject to separate terms, policies or agreements between you and the applicable third party.

You agree to comply with applicable third-party terms when accessing or using the Platform, including applicable terms governing the device, operating system, network, application marketplace or other service through which you access the Platform.

A link to, integration with or reference to a third-party service does not necessarily constitute our endorsement of that service.

16. Suspension and Termination

In addition to any contest-specific disqualification rights under the Official Rules, we may restrict, suspend or terminate your account or your access to some or all of the Platform if we reasonably believe that:

‏ • you have violated these Terms, the Official Rules or another applicable Platform policy;

‏ • you have engaged in objectionable, abusive, fraudulent, deceptive or unlawful conduct;

‏ • your account has been compromised or is being used without authorization;

‏ • your use of the Platform creates a security, legal, integrity or operational risk;

‏ • suspension or termination is reasonably necessary to protect another user, 10th St. Talent or a third party;

‏ • we are required to do so by applicable law or legal process; or

‏ • continued provision of the account or functionality is no longer reasonably practicable.

Where circumstances reasonably permit, we may provide notice or an opportunity to address a violation before termination. We are not required to provide prior notice where we reasonably determine immediate action is appropriate, including in cases involving fraud, abuse, harassment, threats, security incidents, manipulation, unlawful activity or a material threat to Platform or contest integrity.

Termination or suspension of your Platform account may affect your ability to participate in an ongoing prediction contest or claim a prize if maintaining an account in good standing is required under the Official Rules.

Disqualification from a prediction contest does not necessarily terminate your Platform account unless we separately determine that restriction, suspension or termination is appropriate under these Terms.

You may stop using the Platform at any time and may delete your account using the procedures described in the Privacy Policy.

Upon termination, the license granted to you under these Terms ends immediately, but provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, retained User Content rights, Feedback, disclaimers, limitations of liability, indemnification, dispute resolution and miscellaneous terms.

17. Platform Availability; Updates; Changes and Discontinuation

We may add, remove, modify, update, suspend or discontinue features or functionality of the Platform from time to time.

We may also from time to time provide updates, upgrades, patches, bug fixes, error corrections, new versions, new features or other modifications to the Application or other portions of the Platform (collectively, “Updates”). Any Update will be deemed part of the applicable portion of the Platform and will be subject to these Terms unless separate terms are expressly provided with the Update.

Depending on your device and application-store settings, Updates may be downloaded or installed automatically or may require action by you. Certain features or functionality of the Platform may not operate properly or remain available if you do not install an available Update.

Except as otherwise required by applicable law or expressly provided in the Official Rules with respect to an active prediction contest, we are not obligated to provide any Update or to continue to provide or support any particular version, feature or functionality of the Platform.

We do not guarantee that any particular feature, Market, leaderboard, social feature, communication method or other Platform functionality will be available continuously or indefinitely.

We may temporarily restrict access for maintenance, upgrades, security, technical problems or other operational reasons.

Nothing in this Section permits us to disregard the Official Rules with respect to an ongoing prediction contest. To the extent a Platform change affects an ongoing contest, the contest-specific consequences are governed by the Official Rules.

18. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, MAIN STAGE BETS, PLATFORM MATERIALS, USER CONTENT AND ALL RELATED FEATURES, SERVICES AND FUNCTIONALITY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 10TH ST. TALENT AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EQUITY HOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONSULTANTS, COUNSEL, ADVISORS, INSURERS, PREDECESSORS, SUCCESSORS AND ASSIGNS DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AVAILABILITY, ACCURACY, RELIABILITY, SECURITY AND ERROR-FREE OPERATION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR INTENDED RESULT; THAT THE PLATFORM WILL BE COMPATIBLE OR OPERATE WITH ANY PARTICULAR DEVICE, OPERATING SYSTEM, SOFTWARE, APPLICATION, NETWORK, SYSTEM OR SERVICE; THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT INFORMATION OR RESULTS DISPLAYED THROUGH THE PLATFORM WILL ALWAYS BE COMPLETE OR ACCURATE; OR THAT THE PLATFORM WILL BE FREE FROM DELAY, LATENCY, TECHNICAL FAILURE, HARMFUL CODE OR OTHER DEFECT.

The Platform may be affected by network conditions, latency, device performance, third-party services, technical failures, maintenance, outages and other circumstances beyond our reasonable control.

Some jurisdictions do not permit exclusion of certain warranties. To the extent a warranty cannot lawfully be excluded, the foregoing disclaimer does not apply to that warranty.

Contest-specific releases, disclaimers and limitations are additionally governed by the Official Rules.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 10TH ST. TALENT AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EQUITY HOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONSULTANTS, COUNSEL, ADVISORS, INSURERS, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR SIMILAR DAMAGES ARISING OUT OF OR RELATING TO THE PLATFORM, MAIN STAGE BETS, USER CONTENT, THESE TERMS OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The foregoing limitations do not apply to liability that cannot lawfully be excluded or limited.

Nothing in this Section reduces or replaces any additional release, disclaimer or limitation applicable under the Official Rules to participation in a prediction contest.

20. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless 10th St. Talent and its parents, subsidiaries, affiliates, licensors and service providers, and their respective officers, directors, managers, members, partners, equity holders, employees, agents, representatives, consultants, counsel, advisors, insurers, predecessors, successors and assigns, from and against third-party claims, actions, demands, liabilities, damages, judgments, settlements, losses, costs and expenses, including reasonable attorneys’ fees, arising out of or relating to:

‏ • User Content you submit;

‏ • your material violation of these Terms;

‏ • your unlawful or unauthorized use or misuse of the Platform;

‏ • your infringement, misappropriation or violation of another person’s intellectual-property, privacy, publicity or other rights; or

‏ • fraud, willful misconduct or material misrepresentation by you in connection with the Platform.

We reserve the right, at our expense, to assume exclusive control of the defense of a matter otherwise subject to indemnification by you, in which event you agree to reasonably cooperate with our defense.

This Section will not require indemnification to the extent prohibited by applicable law.

21. Governing Law; Disputes

These Terms and any dispute, claim, action or proceeding arising out of or relating to Main Stage Bets, the Platform, these Terms, your account, User Content or your access to or use of the Platform (a “Dispute”) will be governed by and construed in accordance with the laws of the State of Missouri, without regard to any choice-of-law or conflict-of-laws rule that would require application of the laws of another jurisdiction.

Any judicial action or proceeding arising out of or relating to a Dispute must be brought exclusively in the state courts located in Boone County, Missouri or, if federal subject-matter jurisdiction exists, the federal court having jurisdiction over Boone County, Missouri.

You irrevocably submit to the personal jurisdiction of those courts and waive, to the fullest extent permitted by applicable law, any objection based on venue, lack of personal jurisdiction or inconvenient forum, subject to any non-waivable rights under applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND 10TH ST. TALENT EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY JUDICIAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO A DISPUTE.

To the fullest extent permitted by applicable law, each Dispute will be brought solely in the individual capacity of the applicable party and not as a plaintiff or class member in any purported class, collective, consolidated, representative or private-attorney-general action.

Nothing in this Section limits any right or remedy that cannot lawfully be waived or limited.

The Official Rules contain corresponding dispute provisions applicable to the prediction contests. These Terms and the Official Rules are intended to establish a consistent Missouri governing-law and Boone County forum framework.

22. Export Compliance

The Application and related software and technology may be subject to United States export-control, sanctions and trade laws and regulations.

You may not, directly or indirectly, export, re-export, transfer, release or otherwise make the Application or related software or technology available to any country, territory, person or entity, or for any end use, in violation of applicable export-control, sanctions or trade laws or regulations.

You are responsible for complying with all such laws and regulations applicable to your access to and use of the Application.

The additional representations concerning United States Government embargoes and restricted-party lists set forth in Section 23.G apply to users of the Application through Apple as provided in that Section.

23. Additional Terms Applicable to the Apple Application

The following terms apply if you download, access or use the Application through Apple’s App Store or on an Apple-branded product. If this Section conflicts with another provision of these Terms solely with respect to terms required for distribution of the Application through Apple, this Section controls to the extent of that conflict.

A. Acknowledgment

These Terms are between you and 10th St. Talent only, and not between you and Apple Inc. (“Apple”).

10th St. Talent, not Apple, is solely responsible for the Application and its content, subject to the disclaimers and limitations contained in these Terms and applicable law.

Your use of the Application must comply with the applicable usage rules contained in the Apple Media Services Terms and Conditions, and these Terms are not intended to provide usage rights that conflict with those rules.

B. Scope of License

The license granted to you for the Application is a non-transferable license to use the Application on Apple-branded products that you own or control and as permitted by the applicable usage rules in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with you through Family Sharing, volume purchasing or other functionality permitted by Apple.

C. Maintenance and Support

10th St. Talent, and not Apple, is responsible for providing any maintenance and support services with respect to the Application that 10th St. Talent is required to provide under these Terms or applicable law.

Apple has no obligation whatsoever to furnish maintenance or support services with respect to the Application.

D. Warranties

10th St. Talent is responsible for any warranties concerning the Application, but only to the extent such warranties have not been effectively disclaimed under these Terms or applicable law.

If the Application fails to conform to an applicable warranty that cannot lawfully be disclaimed, you may notify Apple, and Apple may refund the purchase price paid for the Application.

To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to an applicable warranty are the responsibility of 10th St. Talent to the extent provided by applicable law and these Terms.

E. Product Claims

10th St. Talent, and not Apple, is responsible for addressing claims by you or a third party relating to the Application or your possession or use of the Application, including:

‏ • product-liability claims;

‏ • claims that the Application fails to conform to an applicable legal or regulatory requirement; and

‏ • claims arising under consumer-protection, privacy or similar laws,

in each case subject to these Terms and applicable law.

F. Intellectual-Property Claims

If a third party claims that the Application or your possession and use of the Application infringes that third party’s intellectual-property rights, 10th St. Talent, and not Apple, will be responsible for the investigation, defense, settlement and discharge of the intellectual-property infringement claim to the extent required by applicable law.

G. Legal Compliance

You represent and warrant that:

‏ • 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 country supporting terrorism; and

‏ • you are not listed on any United States Government list of prohibited or restricted parties.

H. Developer Contact Information

Questions, complaints or claims concerning the Application should be directed to:

10th Street Talent, LLC
307 N 10th St
Columbia, MO 65201
Telephone: 573-355-1353
Email: kelsey@10thsttalent.com

I. Third-Party Terms

You must comply with applicable third-party terms and agreements when accessing or using the Application, including applicable wireless-data, internet-service, device, operating-system and Apple terms.

J. Apple as Third-Party Beneficiary

You and 10th St. Talent acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to the Application.

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.

Except for Apple and its subsidiaries as expressly provided in this Section, nothing in these Terms is intended to confer third-party-beneficiary rights on any other person unless expressly stated.

24. Google Play

If you download or use the Application through Google Play, your use of the Application is also subject to applicable Google Play terms and policies.

These Terms are between you and 10th St. Talent and not Google LLC (“Google”). 10th St. Talent, and not Google, is responsible for the Application and Main Stage Bets, subject to applicable Google Play requirements.

Google is not a sponsor, administrator or operator of Main Stage Bets or any prediction contest offered through the Platform.

25. Apple, Google and Application Marketplace Providers

The Platform may be distributed or made available through Apple, Google or another application marketplace or platform provider.

Neither Apple nor Google sponsors, endorses, administers or conducts Main Stage Bets or any prediction contest, Market or prize.

Except for Apple’s express third-party-beneficiary rights under Section 23, Apple and Google are not parties to the relationship between you and 10th St. Talent created by these Terms.

Questions, complaints or claims regarding Main Stage Bets, the Platform, User Content, prediction contests or prizes should be directed to 10th St. Talent and not to Apple or Google, except where an applicable platform’s own terms expressly provide otherwise.

26. Changes to These Terms

We may update these Terms from time to time to reflect changes in the Platform, Main Stage Bets, our practices, applicable law, application-store or platform requirements, security needs or other operational circumstances.

When we update these Terms, we will update the “Last Updated” date above and post the revised Terms at https://msb.10thsttalent.com/terms and make them available through the Application.

If we make a material change to these Terms, we may provide additional notice through the Platform, by email or through another reasonable method.

Changes will apply prospectively from their effective date unless otherwise permitted or required by applicable law.

If a material change requires renewed acceptance, we may require you to accept the revised Terms before continuing to access or use the Platform or submit additional User Content.

Changes to these Terms do not amend the Official Rules except as expressly permitted under the amendment provisions of the Official Rules.

27. Miscellaneous

Entire Agreement

These Terms, together with the Privacy Policy and, to the extent you participate in a prediction contest, the Official Rules, constitute the applicable agreement between you and 10th St. Talent concerning Main Stage Bets and the Platform, together with any additional terms expressly presented to and accepted by you in connection with a particular Platform feature.

Order of Priority

The Privacy Policy controls with respect to our collection, use, disclosure, retention and other handling of personal information.

The Official Rules control with respect to contest-specific eligibility, predictions, Game Points, scoring, determination of results, prizes and other contest-specific matters.

These Terms control with respect to access to and use of the Platform generally.

Assignment

You may not assign or transfer these Terms or any right or obligation under them without our prior written consent.

We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, sale of assets or equity, change of control, transfer of the Platform or related business, or otherwise by operation of law.

Severability

If any provision of these Terms is determined to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any provision of these Terms in any instance does not waive our right to enforce that provision or any other provision in that or any subsequent instance.

No Agency

These Terms do not create a partnership, joint venture, employment, fiduciary, franchise or agency relationship between you and 10th St. Talent.

Headings

Headings are for convenience only and do not affect interpretation of these Terms.

Electronic Agreement

Your electronic acceptance of these Terms has the same force and effect as an agreement executed in writing to the extent permitted by applicable law.

28. Contact Us

Questions, complaints, reports or claims concerning these Terms, Main Stage Bets or the Platform may be directed to:

10th Street Talent, LLC
307 N 10th St
Columbia, MO 65201
Telephone: 573-355-1353
Email: kelsey@10thsttalent.com

Terms of Use: https://msb.10thsttalent.com/terms
Privacy Policy: https://msb.10thsttalent.com/privacy
Official Rules: https://msb.10thsttalent.com/contest-rules

Account Deletion: https://msb.10thsttalent.com/delete-account