Last Updated: January 7, 2019.
The Application and/or the Service made available via the Application contains, displays, and/or otherwise makes available certain software, illustrations, documentation, information, music, pictures, images, text, photographs, animations, three-dimensional models, videos, audio, content, and other digital material and assets (collectively the “Content”).
Cashed hereby grants you a non-exclusive, non-transferable, limited right license to access, use and display the Service specifically for personal, non-commercial use only. This license is fully and completely revocable at any time by Cashed, with or without notice and for any or no reason. Cashed makes no warranty as to legality, suitability, or use of the Service and limited license granted herein and you acknowledge, agree, and otherwise consent that Cashed shall have no liability arising from or in connection with your use of the Service.
The Application and/or the Service made available via the Application may allow you to upload, submit, or post photographs, pictures, videos, testimonials, digital files or assets, and similar content in connection with your use of the Service (collectively “User Generated Content”). You acknowledge and agree that you will not upload or otherwise transmit in or through the Service any User Generated Content that is subject to any third-party rights unless any and all holders of such rights have expressly authorized such activity. Cashed does not endorse and has no control over any User Generated Content submitted by a User. Cashed cannot guarantee the authenticity of any data which Users may provide about themselves.
To the extent you submit any User Generated Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) the following license rights with respect to the User Generated Content you upload or submit:
a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, transferable, and non-exclusive right and license to Cased to use, reproduce, distribute, and make derivative works of any of your User Generated Content as Cashed may deem necessary or desirable for any purpose whatsoever, including without limitation the marketing, promotion, operation, enhancement, and/or monetization of the Service and without any obligation to secure your approval with respect to Cashed’s intended use of your User Generated Content;
a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, transferable, and non-exclusive right and license to Cashed to use, reproduce, and distribute your name and/or likeness to the extent that your name and/or likeness are depicted or revealed in any of your User Generated Content in connection with Cashed’s marketing, promotion, or operation of the Service and without any obligation to secure your approval with respect to Cashed’s intended use of your name and/or likeness;
the perpetual and irrevocable right to Cashed to delete any or all of your User Generated Content from the Service, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party; and
The Application and/or the Service made available via the Application contains, displays, and/or otherwise depicts certain trademarks, service marks, logos, and/or other indicia of origin (collectively “Trademarks”) owned by Cashed or Cashed’s partners. You shall not and cannot use, reproduce, or otherwise exploit any Trademarks or any similar derivations of any Trademarks.
CASHED RESERVES THE RIGHT TO TERMINATE, SUSPEND, OR CHANGE ANY ASPECT OR FEATURE OF THE SERVICE AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT CASHED SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, OR CHANGE. If a User moves to a state where wagering services are not available, Cashed will be required to alter the user’s access to the application and b Spot’s Service.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service pyramid schemes, chain letters, junk email, spam, or any duplicative or unsolicited messages, commercial or otherwise.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by Cashed in its sole discretion.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, hacks, exploits, cheats, bots, automation software, mods or any other unauthorized third-party software designed to modify the Service or any other files that contain malicious code or that may in any way damage or interfere with the operation of the Service, other Users’ access to the Service and/or other Users’ computers.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Service any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.
Collect in any manner information regarding any User, impersonate another User or create a false identity, including but not limited to identities falsely indicating that you are another User, a celebrity or other well known person, or a Cashed representative.
The Application and Services are controlled and operated by Cashed from its offices within New Zealand. Cashed makes no representation that the Service is appropriate, legal or available for use in authorized, legal locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree not to use or otherwise export or re-export the Service except as authorized by United States law, New Zealand law and the laws of the jurisdiction in which the Service was obtained. Without limited the foregoing, the Service may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries (currently Cuba, Iran, Myanmar (Burma), North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or United Nations Sanctions list. By accessing and using the Service, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.
The Service may link to third party sites (“Linked Sites”). These Linked Sites are not controlled by Cashed and Cashed is not responsible for the information on the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. Cashed provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Cashed of any Linked Site.
Certain information available through the Service, including but not limited to wagering and race information, may have been provided by independent third party information suppliers. Cashed is not responsible for the accuracy, currency or reliability of such information, and the inclusion of such information in the Service shall not be deemed an endorsement or recommendation of any third party or constitute any representation as to a third party’s qualifications, services, products, offerings, information or any other content. You acknowledge that under no circumstances will Cashed be liable for any loss or damage caused by your reliance on such third party information.
To the maximum extent allowed by law, neither Cashed nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “Cashed Parties”) warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through the Service. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. CASHED PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CASHED WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. CASHED ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF USE OF THE SERVICE, OR ANY OTHER LOSS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY CASHED, BY THIRD PARTIES, OR BY YOU OR OTHER USERS. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE CASHED PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT IN THE APPLICATION OR BY USE OF THE SERVICE OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CASHED IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL ANY LIABILITY OF THE CASHED PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CASHED OR ITS DESIGNEES FOR THE APPLICABLE TRANSACTION GIVING RISE TO ANY SUCH LIABILITY OR \$500.00, WHICHEVER IS LOWER. IN NO CASE SHALL THE CASHED PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR INTERACTIONS WITH CASHED.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF CASHED AND THE CASHED PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
The parties agree that any arbitration shall be limited to the Dispute between you and Cashed individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
To the extent not covered by the Dispute Resolution provisions above, any disputes between you and Cashed shall be subject to the exclusive jurisdiction and venue of the courts located in New Zealand, and shall be governed by, and will be construed under, the law of New Zealand, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that if you choose to access the Service from outside of the United States, other laws may apply and those laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.
You may contact Cashed at the following address:
78/100 Manchester Street
Attention: General Counsel