REDFOG, LLC

WEBSITE LEGAL TERMS AND CONDITIONS

 

IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE BY CLICKING THE “I ACCEPT” or “CONTINUE” BUTTON, BELOW, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CLICK ON THE “EXIT” BUTTON BELOW.


This Website Legal Terms and Conditions (the “Agreement”) is an agreement between you (“you”) and RED FOG LLC (the “Company”). Each of the terms “we,” “us” and “our” means the Company. The effective date of this Agreement is when you accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.


This Agreement will affect your legal rights, and we strongly recommend that you read the Agreement in its entirety and seek independent legal advice to address any questions you may have regarding the Agreement prior to clicking on the “Accept” or “Continue” button.


1. DEFINITIONS

“Authorized Account Holder” is defined as an individual who creates an account assigned to an email address for registration on the Red Fog Website. Professional cryptocurrency investors, fund managers and professionals who operate cryptocurrency funds on behalf of others or directly employed by a cryptocurrency entity (such as a coin, token, ICO) are strictly prohibited from accessing the Services made available to an Authorized Account Holder.

“Content” means all content available on the Red Fog Website, including content provided by any third party. It may include: text, market data, news feeds, charts and visualizations, chat forums, images, sounds, videos and animations.

“Contests” means RED FOG cryptocurrency games delivered on the Red Fog Website.

“Fog Tokens” means the token issued by RED FOG and used for RED FOG Services and provisioning additional Content.

“Intellectual Property” means intellectual property owned by RED FOG as well as intellectual property licensed to RED FOG, including intellectual property coming into existence after today and not limited to; patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.

“Privacy Policy” refers to the RED FOG LLC privacy policy located online at https://redfog.com/privacy.

“RED FOG” means RED FOG LLC, a company registered in the state of Illinois and having its registered office 1871 Chicago, 222 West Merchandise Mart Plaza, Floor 12, Suite 1212, Chicago, Illinois 60654.

“Red Fog Website” refers to any website RED FOG owns and operates, including www.redfog.com, and various subdomains and other web pages controlled by us (collectively the “Red Fog Website”), that links to the Agreement.

“Services” means all of the services made available on the Red Fog Website and described in this Agreement, whether free or charged. This includes, but is not limited to, the Contests, products, services and promotions that we may provide from the Red Fog Website, subject the User Agreement.

“Rules” or “Contest Rules” means the official rules for the Contests as well as for promotions that are offered from time to time.

“User Agreement” refers collectively to this Agreement and the Privacy Policy.

2. INTERPRETATION

2.1 The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.

2.2 In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

2.3 All references to money amounts in this Agreement, unless otherwise specified, are in United States dollars.

2.4 This agreement is made only in the English language. In the event of a conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. APPLICABILITY OF TERMS AND CONDITIONS

By clicking on the “Accept” or “Continue” button, you represent and warrant to the Company that you fully understand and agree to comply with all of the terms and conditions of this Agreement and that failure to abide by these terms and conditions may result in disqualification, User Account closure, forfeiture of funds and/or legal action against you by the Company. This Agreement incorporates by reference all guidelines or rules applicable to the Services, which are posted on the Red Fog Website from time to time, as may be amended from time to time by the Company.

4. OWNERSHIP AND COPYRIGHT

You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, service-marks, logos and trade names including the name www.redfog.com contained on the Red Fog Website, including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be. You agree that the Content is protected by copyright law, and the Company reserves all right in relation to the Content.

5. PERMITTED USE

5.1 The Company hereby grants to you a personal, non-transferable and non-exclusive license to access and read the Content solely for your use of the Red Fog Website and the Services.

5.2 You agree that your use of the software downloaded on or through the Red Fog Website (the “Software”) is governed by the terms and conditions of this Agreement.

5.3 To use the Service, you must register for an account (“User Account”) by choosing a unique account name (“Account Name”) and password and entering other information such as your first and last name, address, email and telephone number. You agree to provide only true and current information and you further agree to update this information as necessary to keep it true and current.

5.4 You acknowledge that that you have not relied on any representation or information (whether verbal or in writing) from any source except the explanation of Services given on the Red Fog Website.

5.5 Subject to this Agreement, we agree to provide to you some or all of the Services described on Red Fog Website at the prices we charge from time to time.

5.6 Some of the Services are now, or may be in the future, available to you only subject to additional terms. Those terms will be set out on Red Fog Website. You now agree that if you choose to use any such Service, the relevant terms will become part of and incorporated into this Agreement.

5.7 So far as we allow use of the Intellectual Property, we grant a license to you, limited to the terms set out in this Agreement, with particular reference to Section 6.

5.8 If we give you a free-of-charge access to a service or feature on Red Fog Website which is normally a charged feature, and that service or feature is usually subject to additional contractual terms, you agree (and your continuing to use the service will involve acceptance by you of this) that you will abide by those terms.

5.9 We, at our sole discretion, may disqualify any entrant from a contest, refuse to award Fog Tokens or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information we deem to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. Conduct that would be deemed improper includes, but is not limited to:

5.9.1 falsifying personal information required to enter a Contest or claim a prize;

5.9.2 engaging in any type of financial fraud, including unauthorized use of credit instruments, to enter a Contest or claim a prize;

5.9.3 colluding with any other individual(s) or engaging in any type of syndicate play;

5.9.4 any violation of Contest Rules or this Agreement.

5.9.5 using a single User Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest;

5.9.6 using automated means (including but not limited to scripts and third-party tools) to interact with the Red Fog Website in any way (this includes, but is not limited to: creating a Contest, entering a Contest, withdrawing from a Contest, creating a lineup and editing a lineup);

5.9.7 using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Red Fog Website or of any user for any purpose;

5.9.8 any type of bonus abuse, abuse of the refer-a-friend program or abuse of any other offers or promotions;

5.9.9 tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;

5.9.10 obtaining other entrants’ information and spamming other entrants; or

5.9.11 abusing the Red Fog Website in any way.

5.10 We reserve the right to modify the Contest Rules and to change the terms and conditions of this agreement at any time, subject to publishing the revised rules from time to time in force on the Red Fog Website. Your continued use of the Red Fog Website and/or the Services after such modifications shall be deemed an acceptance by you that you will be bound by the terms of the modified agreement. The terms that apply to you are those posted on the Red Fog Website on the day you set up a User Account. It may be useful to print a copy now, subject to these being updated/modified in due course.

5.11 You are responsible for maintaining the confidentiality of your login names and passwords, and you accept responsibility for all activities, charges and damages that occur under your User Account. It shall be a violation of this Agreement to allow any other person to use your User Account to participate in any Contest. If you have reason to believe that someone is using your User Account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. We will not be required to maintain login names or passwords if you misplace, forget or lose them or are otherwise unable to enter your User Account for any reason other than our fault.

6. RESTRICTIONS ON USE

6.1 You agree that at all times you shall not:

(i) distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system;

(ii) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; or

(iii) permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third-party to access the Content.

6.2 You agree that at all times you shall not do anything which does or might reduce the value of the Intellectual Property or challenge our ownership of or rights to it and that you shall notify us in writing immediately of any suspected infringement of the Intellectual Property.

6.3 So far as concerns the Software, you will not:

6.3.1 copy, or make any change to any part of its code;

6.3.2 use it in any way not anticipated by this agreement;

6.3.3 give access to it to any other person than you, the licensee in this agreement; and/or

6.3.4 in any way provide any information about it to any other person or generally

6.4 Any license to use the Software will immediately cease and terminate on termination of this agreement at any time for whatever reason.

6.5 You may establish only one User Account per person to participate in the Services. In the event the we discover that you have opened more than one User Account, in addition to any other rights that we may have, we reserve the right to suspend or terminate any or all of your User Accounts and terminate, withhold or revoke the awarding of any prizes.

6.6 You may not transfer your User Account to any other person.

6.7 The following persons are prohibited from participating in a Contest:

6.7.1 any supplier of the Company who has access to Pre-Release Data or otherwise receives an advantage in the entrant’s participation in a Contest;

6.7.2 any employee, operator or consultant to a crypto governing body where such employee, operator or consultant is prohibited from participating in applicable Contests by such governing body;

6.7.3 any person who breaches any rules or policies of the entrant’s employer, of any crypto governing body, or any other professional body of which the entrant is a member, including any rule or policy regarding participation in Contests or accepting prizes;

6.7.4 any person prohibited from participating pursuant to court order;

6.7.5 any entrant who has knowingly received Pre-Release Data or any other non-public information that provides an advantage in a Contest from any person who is prohibited from entering a Contest as provided in this Agreement; and

6.7.6 any person prohibited under Section 17 of this Agreement.

6.8 We do not offer the Services in all countries. We may refuse membership if you live in a country we do not serve.

6.9 The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.

7. PAYMENTS

7.1 The price payable for Fog Tokens is set out on the Red Fog Website.

7.2 The price charged for Fog Tokens may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.

7.3 Prices are inclusive of any applicable value added tax or other sales tax.

7.4 All sums paid by you to us is non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of funds paid for any Service.

7.5 Termination of this agreement by you or us at any time for any reason will not entitle you to a refund of funds paid (including any remaining Fog Tokens in your credit).

8. FOG TOKENS

8.1 Purchase of Fog Tokens entitles you to:

8.1.1 participate in the Contests;

8.1.2 pay for digital items on your profile page and the prize shop; and

8.1.3 access to your balance (credit in Fog Tokens) as set out in Red Fog Website.

8.2 Details of the cost and benefits of Fog Tokens are as set out on the Red Fog Website from time to time.

8.3 By inputting a payment method to purchase Fog Tokens with real money, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Red Fog Website. It shall be a violation of this Agreement for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

8.4 At any time during your use of the Services, you may use the profile information tab on the Red Fog Website to access your Fog Token balance and/or personal information and to set your email marketing opt-in/opt-out preferences.

9. LICENSE TO USE YOUR INFORMATION

With the exception of personal information which is governed by our Privacy Policy, you hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content you provide, directly or indirectly, on or through the Red Fog Website or which is sent to the Company by email or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above.

10. HOW WE HANDLE YOUR DATA

10.1 The Privacy Policy complies fully with current Illinois State and United States Federal Law, incorporating the General Data Protection Regulation (GDPR).

10.2 This Agreement incorporates by reference the terms of the Privacy Policy. You agree that in the event of a conflict between the Privacy Policy and this Agreement, this Agreement will prevail. For more information on our use of registration data and certain other information we collect from you please see the Privacy Policy.

10.3 Subject to the Privacy Policy, we may from time to time, but are not obligated to, monitor your use of the Red Fog Website and collect, store, use and disclose to third parties personal information about you and your use of the Red Fog Website, and you hereby consent to such collection, storage, use and disclosure and waive any right of privacy you may have in respect thereof.
10.4 Please notify us of any security breach or unauthorized use of your User Account.

10.5 We assume no responsibility for the deletion or failure to store or deliver email or other messages.

10.6 You accept that we will not be liable to you for any such deletion or failure to deliver to you.

10.7 We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing

11. NO WARRANTIES, LIMITATIONS ON LIABILITY AND DISCLAIMERS

11.1 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warranty or term cannot lawfully be excluded, then this paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

11.2 Your access to the Red Fog Website and the Content, and your participation in the Services, is at your sole option, discretion and risk. We shall not be liable for computer malfunctions or attempts by you to participate in the Services by methods, means or ways not intended by us. The Website, the Content and the Services are provided to you “as is,” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including, but not limited to, warranties as to the uninterrupted or error-free operation, availability, accuracy completeness, currentness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade. We do not warrant the functions contained in the Red Fog Website and/or the Services will meet your requirements, or that their operations will be uninterrupted or error-free. The entire risk as to the use, quality and performance of the Red Fog Website, the Services and the Content lies with you. In no case will we, our affiliates’, agents’, licensors’, suppliers’ and their respective directors’, officers’ and employees’ cumulative total liability arising under any cause whatsoever (including without limitation your use of the Red Fog Website, the Content or the Services, breach of contract, tort, negligence, gross negligence or otherwise) be for more than the amount, in any, you paid to access the Red Fog Website.

11.3 We will not be liable for any direct, indirect, punitive, special, incidental or consequential damages in connection with or arising out of this Agreement or your use of the Red Fog Website or the Services, however they arise, whether for breach of contract or in tort, even if we received prior notice of the possibility of such damage. In no event shall we be liable for any malfunctions of the Software, bugs or viruses resulting in lost data or any other damage to your computer equipment or software. Further, we are not required to provide redundant or backup network and/or systems.

11.4 There is no guarantee that personal information and transactions on the Red Fog Website or on the Internet will be maintained confidential and secure. The use of the Red Fog Website and the Services is at your own risk, and we assume no liability or responsibility pertaining to the content, your use of the Website or the receipt, storage, transmission or other use of your personal information.

11.5 We assume no obligation to update the Content. The Content may be changed without notice to you. We are not responsible for any content or information that you may find undesirable or objectionable. We disclaim any liability for unauthorized use or reproduction of any portion of the Red Fog Website. Access the Content from territories where it may be illegal is prohibited.

11.6 The Red Fog Website may contain links to other sites. We do not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, we are in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that we are affiliated or associated with same. We do not recommend or endorse any of the content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on the Red Fog Website should not be construed as an endorsement of that party or its product or service.

11.7 We will not be responsible for any damages you or any third party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information.

11.8 Any reliance that you may place on the information on the Red Fog Website is at your own risk. Content is provided for your general information purposes only. It is not provided for any trading or investment purposes and it does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

11.9 We claim no expert knowledge in any subject. Further, the Services provide data points, not advice. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Red Fog Website.

11.10 We will not be liable to you for any loss or expense which is:

11.10.1 an indirect or consequential loss; or

11.10.2 an economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or if we knew you might incur it.

11.11 We make no representation or warranty and accept no responsibility in law for:

11.11.1 the conduct, whether online or offline, of any user of Red Fog Website or the Services;

11.11.2 loss or damage resulting from your attendance at an event organized through the Red Fog Website or the Services;

11.11.3 any act or omission of any person or the identity of any person who introduces himself to you through the Red Fog Website; or

11.11.4 any aspect or characteristic of any goods or services advertised on the Red Fog Website.

11.12 The Red Fog Website may include information and materials uploaded by other users, including to user forums, bulletin boards and chat rooms. This information and these materials have not been verified or approved by RED FOG. The views expressed by other users on The Red Fog Website do not represent our views or values.

12. SECURITY OF THE RED FOG WEBSITE

12.1 You agree that you will not, and will not allow any other person to:

12.1.1 violate or attempt to violate any aspect of the security of the Red Fog Website;

12.1.2 modify, copy, or cause damage or unintended effect to any portion of the Red Fog Website or the Software. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

12.1.3 link to Red Fog Website in any way that would cause the appearance or presentation of Red Fog Website to be different from what would be seen by a user who accessed the Red Fog Website by typing the URL into a standard browser;

12.1.4 download any part of the Red Fog Website, without our express written consent;

12.1.5 collect or use any product listings, descriptions or prices;

12.1.6 collect or use any information obtained from or about the Red Fog Website or the content except as permitted by this agreement; or

12.1.7 share with a third party any login credentials to the Red Fog Website.

12.2 Despite the above terms, we now grant a non-exclusive, revocable license to you to create a hyperlink to the Red Fog Website for the purpose of promoting an interest common to both of us. You can do this without specific permission, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Red Fog Website or social media accounts we operate from any website or medium that is not owned by you. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of the Content or the Services other than that set out above, please contact us.

12.3 This license granted in Section 12.2 is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive or unlawful manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent. You acknowledge that any breach by you of the provisions of this agreement but with particular reference to this paragraph will be a breach entitling immediate termination of the agreement by us pursuant on Section 13 of the Agreement and without prejudice to any other rights and remedies available to us.

12.4 To maintain a high level of security, we reserve the right to conduct a security review at any time to validate your identity, verify your financial transactions and further document your consent to this Agreement. To facilitate these security checks, you agree to provide such identification or other information or documentation as we, in our sole and unfettered discretion, deem necessary. If you fail to comply with any security request, we reserve the right to void your User Account. You will be notified of such verification request by electronic mail or telephone and Account Balances will be forfeited if you fail to provide us with such requested documentation and information within the time period reasonably specified by the Company. Such request for documentation and information may include a sworn affidavit of identity and eligibility, release of liability in favor of the Company and publicity authorization.

13. DURATION AND TERMINATION

13.1 You may terminate this Agreement at any time, for any reason, with immediate effect. You may terminate the agreement by deleting your User Account on Red Fog Website. We reserve the right to check the validity of any request in writing to terminate membership.

13.2 We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by email.

13.3 Termination by either party shall have the following effects:

13.3.1 Your right to hold and use a User Account immediately ceases.

13.3.2 We are under no obligation to forward any unread or unsent messages to you or any third party.

13.4 There shall be no reimbursement or credit if your User Account is closed due to your breach of this Agreement.

13.5 We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

13.6 The disclaimers, limitations on liability, ownership, termination, interpretation, your license to the Company, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

14. INDEMNITY
You agree at all times to indemnify, defend and hold harmless the Company, its directors, officers, shareholders and employees, including the Company’s agents, suppliers, affiliates and their respective directors, officers and employees, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of
(i) your use or misuse of the Content or the Red Fog Website in any manner whatsoever, including without limitation infringement claims, participation in the Services and your entitlement to any winnings through the use of the Services;
(ii) your failure to comply with the law of any country;
(iii) your breach of this Agreement;
(iv) any act, neglect or default by any agent, employee, licensee or customer of yours; and
(v) a contractual claim arising from your use of the Red Fog Website of the Services;
(vi) a breach by you or anyone under your control or direction of the intellectual property rights of any person.
For the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $200.00 per hour without further proof


15. LIMITED USE AND ACKNOWLEDGMENT OF RISK

The Red Fog Website and the Services are for entertainment only, and your participation in the Services is solely for your own personal enjoyment and non-professional use. You agree to keep your User Account information secret and confidential and to not allow anyone else to use it. Any participation in Services is at your sole option, discretion and risk. By participating in the Services, you acknowledge that you do not find the Services or the Red Fog Website to be offensive, objectionable, unfair or indecent. Any other entrance, access or use of the Red Fog website is strictly prohibited. You hereby acknowledge that that there is a real risk that you will lose your money by participating in the Services and agree that we will not be responsible to you in any way for such loss.

16. LEGALITY OF PARTICIPATION IN GAMES

You may only participate in the Contests if you are over 18 years of age and it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting to the Red Fog Website. You agree and acknowledge that the Company has no duty to provide you any legal advice or assurances with respect to the applicable laws governing your right to participate in the Contests and that it is your sole responsibility to ensure, at all times, that you comply with the laws that govern you and your rights to participate in the Contests. By participating in the Contests you represent and warrant to the Company that you are in compliance with applicable laws when participating in the Contests and have the legal right to participate in the Contests. Participation in the Contests is void for whomever and wherever prohibited by law. Residents of Australia and Singapore are not permitted to participate in the Contests. A User Account opened by any resident of these countries is a breach of this Agreement and the Company will close such User Account subject to the terms and conditions contained in this Agreement.

17. NO COMPANY EMPLOYEES OR AFFILIATES

If you are an officer, director, employee, consultant or agent of the Company or one of its affiliated or subsidiary companies, or a supplier or vendor to the Company, you are not permitted to register with the Red Fog Website or to participate directly or indirectly in the Services (each an “Unauthorized Person”). Similarly, relatives of Unauthorized Persons are not permitted to register with the Red Fog Website or to participate directly or indirectly in the Services. For these purposes, the term “relative” shall mean spouse, partner, parent, child or sibling. We will withhold any and all winnings to be paid in favor of persons who are in breach of this provision.

18. BONUSES

18.1 From time to time we may offer “Bonus Promotions” through which Authorized Account Holders receive complimentary tokens (“Bonus Tokens”) when they deposit money into their User Accounts. All Bonus Promotions are subject to this Agreement as well as to all terms and conditions specific to individual Bonus Promotions. In the event of a conflict between this Agreement and terms and conditions applied to any Bonus Promotion, the terms and conditions of the Bonus Promotion shall prevail.

18.2 Unless otherwise stated in an individual Bonus Promotion, all Bonus Tokens are credited to your User Account upon the deposit to which the corresponding Bonus Promotion is applied.

18.3 To be eligible for any Bonus Promotion, you must:
• not have previously participated in the same Bonus Promotion.
• register as a member and deposit the amount specified in the terms applicable to the Bonus Promotion (as a single transaction) into your User Account during the time period specified in the terms applicable to the Bonus Promotion.

18.4 Bonus Promotions are limited to one (1) player per household.

18.5 Unless stated otherwise in the terms and conditions of the applicable Bonus Promotion, all bonuses and any winnings derived from a bonus may only be withdrawn after an amount totaling no less than four times the initial bonus amount received has been applied toward Contest entry fees. For example, to withdraw a bonus of 10 Fog Tokens and any related winnings, you need to spend 40 Fog Tokens.

18.6 Unless stated otherwise in the terms and conditions applicable to a specific Bonus Promotion, all bonuses (and any associated winnings) expire within 90 days of the bonus being granted. If you do not fulfill the bonus criteria as set forth in this Section 18, along with the criteria set forth in the terms and conditions applicable to the specific Bonus Promotion (collectively, the “Bonus Criteria”), you will forfeit the bonus and any winnings associated with such bonus.

18.7 If you attempt to withdraw any funds from your User Account without fulfilling Bonus Criteria, the applicable bonus(es) (and associated winnings) will be cancelled upon cash-out.

18.8 Certain bonuses may not be available to Authorized Account Holders in certain jurisdictions.

18.9 We may withdraw, revoke or amend any Bonus Promotion at any time for any reason. If we do so, any bonuses that you were granted through previous Bonus Promotions will remain valid in accordance with applicable terms and conditions.

19. CASH OUTS

Your account balance (“Account Balance”) is the amount of legal money deposited to your User Account to access the Service, plus or minus any accrued winnings or losses from participating in the Service, less any amounts previously cashed out by you, and less any amounts forfeited by you or amounts reclaimed or withheld by us pursuant to the terms of this Agreement. Except as otherwise required by each deposit method or our security team, you may request to cash out and withdraw any or all of your Account Balance at any time and there is no requirement to participate in the Service in order for you to make such request. All amounts cashed out are subject to transaction limits and processing fees, as determined by us acting in our sole discretion. Further, we may report and withhold any amount from winnings as required by law, and in any event, all federal, state, provincial and local taxes due in connection with any winnings awarded to you are your sole liability. In no event may Account Balances be transferred, substituted or redeemed for any other prize. Payment of funds cashed out shall be made by bank transfer, cryptocurrency and/or any other manner which we select in our sole discretion. Payments will be made as promptly as possible, subject to any reasonable security reviews by us.

20. ELECTRONIC SERVICE PROVIDER

In order to participate in the Service you will be required to financially transact with us, which entails depositing money with us and receiving money from us. We reserve the right to subcontract and use third party payment processors and/or financial institutions (“Electronic Service Providers” or “ESPs”) to process such financial transactions. In furtherance of such processing, you hereby irrevocably authorize us, as necessary, to instruct such ESPs to handle account deposits and cash outs from your User Account and you irrevocably agree that we may give such instructions to ESPs on your behalf. You agree to be bound by the terms and conditions of use of each applicable ESP. You agree that in the event of a conflict between this Agreement and the ESP’s terms and conditions, this Agreement shall prevail

21. ABANDONMENT OF ACCOUNT BALANCE

We reserve the right to cancel your User Account for any reason whatsoever at any time without notice to you pursuant to the terms of this Agreement. If you do not access your User Account by logging in to your User Account using your Account Name and password for a period of one hundred and eighty (180) consecutive days: (a) your User Account may be closed and the entire Account Balance will be deemed abandoned and forfeited; and (b) the Company may close any account you may have with an ESP; provided however, such requirement for log-in and entry is not and does not constitute any requirement whatsoever for you to access the Services, deposit funds or participate in any activity at the Red Fog Website other than logging in.

22. FORFEITURE, ACCOUNT CLOSURE AND CONFISCATION

We reserve the right, in our unfettered discretion, to void any winnings and confiscate any balance in your Account (and any ESP account or Company-related or affiliated account) in any of the following circumstances:

i. if you have more than one active Account;

ii. if the name on your Account registration does not match the name on the credit card(s) or other payment accounts used to make purchases at or deposits with us;

iii. if you participate in one of our promotions and withdraw from a promotion before fulfilling the requirements of that particular promotion;

iv. if you provide incorrect or misleading registration information;

v. if you are not of legal age;

vi. if you connect from a jurisdiction where participation in the Contests is prohibited by law;

vii. if you have “charged back” or denied any of the purchases or deposits that you made to your Account;

viii. if you are found cheating or attempting to cheat, or if it is determined by the Company that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the Red Fog Website, its underlying system or the Services or you are found to have colluded or attempted to collude with other players in order to defraud the Company;

ix. if you fail to comply with any of the terms and conditions set forth in this Agreement;

x. if you commit a suspicious transaction pursuant to Section 26 below; or

xi. if we become aware that you have participated at another website under any of the circumstances set out at under subsections i through x above.

23. ABUSIVE OR OFFENSIVE LANGUAGE

Abusive or offensive language is not permitted in the Red Fog Cryptocurrency Open Forum, in social media forums operated by Red Fog or in any other public forum hosted and/or moderated by us (collectively, the “Public Forums”), as well as with Company staff. Any violation of this policy may result in a suspension of playing privileges or such other action as may be required by the Company to ensure compliance. You hereby agree that you shall not post any unlawful, obscene, libelous, defamatory, threatening, or other materials that would violate any law or generally be considered offensive via the Red Fog Website using the chat option, player image option, or in any correspondence with the Company’s staff. Abusive or offensive language includes, but is not limited to, any player statements that are in the Company’s sole opinion, obscene, profane, racist, in bad taste, slanderous, unnecessarily hostile, or contrary to the purpose of the Public Forums.

Further you agree that you shall not make any statements on or through the Red Fog Website which promote any website, service or product of any party except the Company. You shall not make any statements about the Company, the Red Fog Website or the Contests that are untrue or would reasonably be considered to be derogatory or critical.

24. ILLICIT ADVERTISING

At no time will you or any individual or organization you are affiliated with advertise third-party products or websites to fellow users of the Services via the Red Fog Website without our express written permission. We reserve the right to suspend or indefinitely terminate Accounts of players who misuse the Red Fog Website to make statements that advertise any product, website or service that is not endorsed by us.

25. DISCLOSURE OF FRAUDULENT ACTIVITIES & RECOVERY OF DISPUTED CREDIT CARD TRANSACTIONS

If, in our sole determination, you are found to have cheated or attempted to defraud the Services, the Red Fog Website, other players, or us in any way, or if you make untrue and/or malicious comments with regard to our operation in any media or forum, we reserve the right (and you authorize us) to publicize your actions together with your identity and email address, as well as to circulate this information to other websites, banks, credit card companies, law enforcement departments and other appropriate agencies. Further, in the event you dispute a credit card transaction made at or through the Red Fog Website as being unauthorized, or made in a “card not present” environment, we may charge an administration and recovery fee of up to $500.00 (USD) per disputed transaction if it is deemed by us that the transaction was authorized and legitimate. We may also engage the services of debt collection agencies to recover from you the amount of any disputed transactions or charge-backs, administration and recovery fees, and other associated credit card processing fees or fines.

26. ANTI-MONEY LAUNDERING POLICY

In order to comply with anti-money laundering laws that exist in various jurisdictions we reserve the right to report suspicious transactions to federal, state, provincial or local authorities and law enforcement agencies within those jurisdictions. In exchange for us permitting you to participate in, use and access the Red Fog Website and the Services, you hereby grant us the right to report any transactions which we deem suspicious, as determined solely by us acting in our sole discretion. Examples of a suspicious transaction include but are not limited to: use of funds suspected to be derived from illegal activities; any suspected intention to conceal or disguise funds derived from illegal activities; or suspicion that the involvement of the Red Fog Website and the Services is in any manner intended to facilitate criminal activity.

If for any reason we are of the belief or become aware of any transaction which we deem suspicious in nature, we may without prior notice or explanation to you take the following actions, which are in addition to all other rights and remedies available to us under this Agreement, at law or in equity:

i. report such transaction to the applicable federal, state, provincial or local authorities and law enforcement agencies;

ii. deactivate or close your Account forthwith; and/or

iii. withhold any funds held in your Account;

27. TERMS AND CONDITIONS GOVERNING CREDIT CARD USE

27.1 We will charge your credit card using the descriptor “RED FOG” and a contact email address, which will appear on your credit card statement.

27.2 All credit card transactions are charged in U.S. dollars.

27.3 You will be emailed a transaction receipt for every credit card deposit made at on or through the Red Fog Website. Please keep a copy of these transaction receipts for your records.

27.4 In order to facilitate credit card payments, details of your credit card transactions (including payment transactions) are made available to external payment processing services and may include Personal Data such as the cardholders account number, card expiration date, and CVV2.

Where required by Law or payment method rules, Stripe Inc. may delete or disconnect your data from the Company Stripe Account when requested to do so by the Customer. Red Fog LLC does not store or hold “Account Data”, as defined by the Payment Card Industry Data Security Standards (“PCI-DSS”) Standards (including Customer card account number or expiration date).

27.5 We use various billing companies and merchant accounts to process credit card and cryptocurrency transactions. Some of these companies are listed below for player reference.

• Stripe, Inc., Stripe affiliates, Payment Method Providers and Payment Method Acquirers
• Blockonomics
• Automattic Inc., the company behind WooCommerce

The above merchants shall not be responsible in any way if you are not satisfied with the Services.

27.6 Making a deposit into your Account will not obligate you to make a purchase or participate in any of the Contests. You may request a refund of your deposit at any time by sending us an email to accounts@support.redfog.com. If possible, we will cancel the credit card transaction or directly refund the charged credit card, but in some cases credit card processing regulations may prevent us from doing this. In the event that we are unable to cancel a transaction or refund your deposit directly to your credit card, we will refund you by depositing funds directly into a bank account selected by you. We may require additional verification from you in the event that we are unable to refund your deposit directly to your credit card.

27.7 Should you have any queries related to a credit card transaction on the Red Fog Website, please contact us. We are always pleased to answer your questions and assist you with this process.

27.8 By committing credit card fraud you are exposing yourself to liability and dire consequences. If you fraudulently dispute a transaction with us, we will take action against you pursuant to Section 25 above; and we will ascertain your whereabouts and commence legal action against you to recover all damages and costs (including our legal fees) incurred by us as result of your fraud. Please be advised that it is unlawful to dispute valid credit transactions.

28. GENERAL PROVISIONS

28.1 Settlement of Disputes. In the event of a dispute between the parties to this agreement, each party to this agreement agrees to undertake to attempt to settle the dispute by engaging in good faith with the other party in a process of mediation before commencing arbitration or litigation.

28.2 Notices. If you have any dispute with regard to any outcome of a Contest or other activity on the Red Fog Website, you must submit your complaint to us in writing within fourteen (14) days of the incident in dispute by email to complaints@support.redfog.com.

28.3 Governing Law. The validity, construction and performance of this agreement shall be governed by the laws of the United States of America, and you agree that any dispute arising from it shall be litigated only in the state of Illinois.

28.4 Entire Agreement, Modification and Amendments. You fully understand and agree to be bound by the terms and conditions contained herein and as modified and/or amended from time to time. We reserve the right to modify and amend this Agreement at any time acting in our sole discretion with or without notice. Such amendments will become effective immediately upon being posted on the Red Fog Website. It is your sole responsibility to review this Agreement and amendments hereto each time you use the Red Fog Website and/or the Services. If you do not agree to be bound by any changes, you should not use the Red Fog Website and/or set up an Account, and you should notify us forthwith that you are terminating this Agreement pursuant to Section 13 of the Agreement. Failure to do so or your continuing to use the Red Fog Website and/or the Services will be interpreted as your acceptance of any such revised agreement and changes. You are strongly recommended to review this Agreement on a regular basis to stay informed of such changes, if any. The terms and conditions contained herein represent the complete and final agreement between you and us and supersede any and all prior agreements, representations or statements made by us.

28.5 Enurement. This Agreement shall enure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

PLEASE PRINT A COPY OF THE TERMS OF THE AGREEMENT FOR YOUR REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.

Copyright © 2019 RED FOG LLC. All rights reserved.

RedFog, LLC can be contacted by emailing support@RedFog.com.

 

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