Terms of Service

1. Ownership of Site; Agreement to Terms of Service

These Terms of Service (the “Terms of Service”) govern your use of the LootOdds website currently located at www.lootodds.com and any services offered through the website (collectively, the “Site” or “LootOdds”). The Site is property of Whaleful, Inc and its licensors (the “Company” or “We”).

BY USING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU SHOULD NOT USE THE SITE.

As long as you comply with these Terms of Service, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

2. Age Requirement

LootOdds is intended for use by individuals who have reached the age of majority in their jurisdiction of residence. By using the Site, you represent and warrant that you are at least 18 of age and of legal age under the laws of any jurisdiction which applies to you. If you are under the age 18, you are not permitted to use the Site.

We reserve the right to request proof of age at any time and to terminate the account of any user who has not reached the age of majority in their jurisdiction of residence, in accordance with our Privacy Policy.

3. Acceptable Use

You agree to use the Site solely for your personal and non-commercial use and not for any unlawful purpose.

You agree not to engage in any of the following actions:

Collect any personal information from other users
Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our prior written consent
Distribute viruses, worms or other harmful computer code
Upload, post, transmit, or distribute any material intended to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against individuals based on their gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
Misrepresent yourself or impersonate any person or entity
Transmit any unsolicited or unauthorized advertising, promotional materials, or spam
Attempt to gain unauthorized access to the Site or any portion thereof
Engage in any activity that violates any applicable law, regulation, or right of any person or entity
Using the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site;
Frame or mirror any part of the Site without our prior written authorization
Accessing or using the Site for the purpose of creating a product or service that is similar to the Site

We reserve the right to take appropriate legal action, including but not limited to referral to law enforcement authorities, for any illegal or unauthorized use of the Site.

4. Intellectual Property Rights

All content and materials on the Site, including text, articles, odds, game statistics, predictions, graphics, photographs, videos, logos, sounds, and computer code (collectively, “Content”) are the property of the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and propriety rights laws.

You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the site, and not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purposes whatsoever any content or intellectual property rights contained on or made available through the Site without the express written permission of the respective owner(s).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are non-confidential and shall become the sole property of the Company. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You may not use any of our trademarks or service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion among users or that disparages or discredits us.

If you believe that your intellectual property rights have been infringed upon, please contact us.

5. User Content

The site allows user-generated content, including but not limited to reviews, predictions, comments, or communications (the ”User Content”).

You agree that any such content is not necessarily representative of the views or opinions of the Company or its affiliates, and that the Company does not endorse, guarantee, or warrant the accuracy, completeness, or usefulness of any such content. We reserve the right to remove or modify any User Content that we deem to be inappropriate, offensive, or in violation of these Terms of Service.

By submitting User Content on the Site, you represent and warrant that you have the right to do so and that such content does not infringe upon the intellectual property rights, privacy rights, publicity rights, contractual rights, or other proprietary rights of any third party.

You grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any media formats and through any media channels, without compensation to you or any other person or entity.

You agree that any User Content submitted by you is and will be considered non-confidential and non-proprietary, and that you have no expectation of privacy or confidentiality with respect to any such content.

You further agree that you will not submit any User Content that is false, misleading, defamatory, libelous, obscene, indecent, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any applicable laws or regulations.

You agree to indemnify, defend, and hold harmless the Company and their respective officers, directors or licensors from any and all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or in connection with any User Content.

6. User Accounts

To access certain features and services on LootOdds, you may be required to create an account with us. When creating an account, you agree to provide accurate, complete, and up-to-date information about yourself.

You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to a violation of these Terms of Service or our Privacy Policy.

You may not create multiple accounts, impersonate another person, or use another person’s account without their permission. You may not transfer or sell your account to another party without our prior written consent.

By creating an account with LootOdds, you acknowledge and agree to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

7. Termination

We reserve the right to terminate your access to the Site, without notice, for any reason or no reason, including if we believe that you have violated these Terms of Use or applicable laws or regulations.

Upon termination of your account, the Company will retain your data in accordance with its Privacy Policy.

8. Affiliate Disclaimer

The Company may earn commissions or receive compensation from third-party affiliates or advertisers for products or services sold or advertised on our Site using special referral links or display advertising.

We strive to provide accurate and reliable information on our Site, including product and service reviews and recommendations. However, please note that any recommendations or endorsements we make are solely based on our own opinion and research, and we do not guarantee or endorse any products or services sold by third-party affiliates or advertisers.

We are not responsible for any products or services sold or advertised by third-party affiliates, and we do not make any warranties or representations regarding the quality, safety, or legality of any such products and services. Any disputes or concerns regarding products or services sold by third-party affiliates should be addressed directly with the affiliate or advertiser.

9. Third-Party Links

The Site may contain links to third-party websites that are not owned or operated by us. We do not have any control over these websites and we cannot be responsible for their content, privacy policies or practices. By accessing these third-party websites, you agree to do so at your own risk. We encourage you to review the terms and policies of these websites before using them.

10. Void Where Prohibited

The Company operates the Site from the United States. The Site is intended for use only in jurisdictions where it is legal to access and use the Site. The Site may not be available or suitable for use in some jurisdictions, and We make no representation that the website is appropriate or available for use in any particular location. The Company reserves the right to limit, in its sole discretion, the availability of the Site or any portion thereof, to any person, geographic area, or jurisdiction at any time.

11. Disclaimer of Warranty

You acknowledge that the Site and all content on or through the Site are provided on an “as is” and “as available” basis, without warranty, representation or condition of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and those arising from course of dealing or usage of trade.

The Company does not warrant that the Site will be uninterrupted or error-free, nor does it make any warranty as to the accuracy, completeness or reliability of any information, content, service or merchandise provided through the Site. You agree that your use of the site is at your sole risk.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, the foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES IS THE COMPANY, ITS OFFICERS, DIRECTORS OR LICENSORS LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, RELIANCE, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES THAT MAY RESULT FROM THE USE, MISUSE, OR RELIANCE UPON THE SITE.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, some the above limitation may not apply to you.

13. Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action, unless both you and the Company specifically agree to do so in writing following initiation of the arbitration.

14. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law provisions.

Any legal action or proceeding arising out of or relating to these Terms of Service or your use of the Site shall be instituted exclusively in the federal or state courts located in the State of Delaware. You waive any objection to the jurisdiction of such courts and agree to submit to the personal jurisdiction of such courts.

15. Limitations of Actions

You agree that any claim or cause of action arising out of or related to the use of our Site must be filed within one (1) year after such claim or cause of action arose or it will be forever barred, notwithstanding any statute of limitations or other law to the contrary.

16. Privacy Policy

We respect your privacy and are committed to protecting your personal information. We collect, use, and disclose your personal information in accordance with our Privacy Policy, which is incorporated by reference into these Terms of Service. By using the Site, you acknowledge and agree that your personal information may be collected, used, and disclosed in accordance with our Privacy Policy.

17. Language

LootOdds is primarily written in English. While we may make efforts to provide translations of certain content, such translations may not be accurate or complete. In the event of any discrepancies between the original English version and any translations, the English version shall prevail.

We do not guarantee the accuracy, completeness, or reliability of any translations, and we are not responsible for any errors or omissions that may occur in translated content. The use of translations is at your own risk, and you should not rely solely on translated content.

All correspondence between you and LootOdds, including but not limited to customer support and inquiries, will be conducted exclusively in English.

18. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect. You agree that if any part of these Terms of Service is declared invalid or unenforceable, the remainder of these Terms of Service shall not be affected thereby and shall remain in full force and effect.

19. Changes

We reserve the right to modify these Terms of Service at any time, without notice, consistent with applicable law. You are encouraged to review these Terms of Service regularly for any updates. Your continued use of the Site after any such changes have been made constitutes your acceptance of the updated Terms of Service.

20. Contact

If you have any questions, concerns or comments about these Terms of Service, please submit them via our contact page.