Terms of service

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Last updated: January 30, 2020

Please read these Terms and Conditions ("Terms", "Terms and Conditions of Use", “Terms of Service”) carefully before using the Tickster mobile app (the "Service", “App”) operated by Pvdbyte ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with these terms and conditions of use, do not access or use the Service.

IMPORTANT LEGAL NOTICE: PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. TICKSTER IS NOT AFFILIATED WITH ANY STATE LOTTERY OR GOVERNMENT AGENCY OR LOTTERY ORGANIZATION INCLUDING BUT NOT LIMITED TO THE ONES IDENTIFIED IN THE APP. BY REGISTERING FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE SERVICE OR ANY OF ITS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SERVICE.

1. Acceptance of the Terms and Conditions of Use

By accessing the Service, creating an account via the Service (“Account”), downloading the Tickster App or creating an account or clicking to accept or agree to these Terms and Conditions of Use when this option is made available to you, you hereby (i) acknowledge that you have read and agree to be bound to and abide by these Terms and Conditions of Use and (ii) represent and warrant that you are eligible to access the Service and are authorized and able to accept these Terms and Conditions of Use. If you do not wish to be bound by these Terms and Conditions of Use, you must not access or use the Service. By declining to accept these Terms and Conditions of Use, you are ineligible and prohibited from creating an Account or accessing the Service. You are expected to check this page each time you access the Application so you are aware of any changes, as they are binding on you.

2. Eligibility

To be eligible to create an Account and become a registered user of the Service, you must, at the time of registration (i) be at least eighteen (18) years of age or the age of majority in your Jurisdiction of residence, whichever is greater, (ii) be physically located in a state in the United States of America, including the District of Columbia (individually, a “Jurisdiction” and collectively, the “Jurisdictions”), in which participation in the Service is permissible by law, (iii) not be a person barred from participating in the Service under the laws of any Jurisdiction or the United States of America, and (iv) at all times abide by these Terms and Conditions of Use.

If you reside in a Jurisdiction that requires you to be older than eighteen (18) years of age to participate in the Lottery, you must adhere to that Jurisdiction’s laws in order to use the Service. If you do not meet all of these requirements, you must not access or use the Service.

By accessing or using the Service, you represent and warrant that you have the right, authority and capacity to enter into this agreement, to abide by all of these Terms and Conditions of Use, and that you are not prohibited from accessing or using the Service. Pvdbyte makes no representations or warranties, implicit or explicit, as to your legal right to access or use the Service and no person affiliated, or claiming affiliation, with Pvdbyte shall have authority to make any such representations or warranties. We do not intend for the Service to be used by persons present in Jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Service does not constitute an offer, solicitation or invitation by Pvdbyte for the use of the Service in any Jurisdiction in which such activities are prohibited or restricted. Pvdbyte reserves the right to deny access to the Service to anyone at its sole discretion

3. User Conduct

In connection with your access to or use of the Service, you shall not:

  1. upload, post, email, transmit or otherwise make available any Content that:
  2. is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable;
  3. may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
  4. infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  5. consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or
  6. contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
  7. impersonate any person or entity, including, but not limited to, Pvdbyte personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  9. act in a manner that negatively affects the ability of other users to access or use the Service;
  10. take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
  11. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  12. use spiders, crawlers, robots or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service;
  13. sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or
  14. violate any applicable local, state, provincial, federal, national or international law or regulation.

4. License Restrictions

Subject to these Terms and Conditions of Use, Pvdbyte grants you a limited, non-exclusive and non-transferable license to (i) download, install and use the Tickster application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with these Terms and Conditions of Use and (ii) access and use the services made available in or otherwise accessible through the Tickster App strictly in accordance with these Terms and Conditions of Use. You acknowledge and agree that you shall not:

  1. Copy the Tickster App, except as expressly permitted by this license;
  2. Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Tickster App;
  3. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Tickster App or any part thereof;
  4. Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Tickster App, including any copy thereof;
  5. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Tickster App or any features or functionality of the Tickster App, to any third party for any reason, including by making the Tickster App available on a network where it is capable of being accessed by more than one Mobile Device at any time;
  6. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Tickster App; or
  7. Use the Tickster App in a manner prohibited by applicable laws or regulations, including, without limitation, in connection with any form of unlawful gambling.
  8. Use the Tickster App in violation of these Terms of Service or applicable law.

Any such conduct may result in the immediate termination of your Account as well as your limited right and license to the Tickster App, and may subject you to liability for violations of law.

5. Notice of Modifications or Changes

Pvdbyte may modify the Service at any time with or without notice to you. Pvdbyte and its content including, without limitation, the information, graphics, products, features, functionality, services, and links (collectively the “Content”) may be changed, deleted or updated without notice. Tickster may discontinue, suspend or modify the Service at any time without notice, and Pvdbyte may block, terminate or suspend your access to the Service at any time for any reason in its sole discretion, even if access continues to be allowed to others.

6. Accounts

When you create an account with us, you must provide us information about yourself and not about anyone else, with or without their permission. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password or secrets/access codes that you use to access the Service and for any activities or actions under your password or secrets/access codes whether your password is with our Service or a third-party service.

You agree not to disclose your password or secret/access codes to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

7. Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Pvdbyte.

Pvdbyte has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tickster shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

8. Termination

We may terminate or suspend your account or access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of Rhode Island, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

10. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

11. Entire Agreement

These Terms and Conditions of Use, our Privacy Policy, Disclaimer and any applicable Limited Power of Attorney constitute the sole and entire agreement between you and Pvdbyte with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. Nothing in the Terms and Conditions of Use, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.

Tickster is neither endorsed, affiliated with nor approved by any state, multi-state lottery operator or organization whatsoever. All trademarks remain the property of their rightful owners and used for informational purposes only.
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