Hosting Terms of Service

Overview

Back My Bracket and Host wish to enter into this Agreement for Host. The host is considered to be a BMB platform user, who maintains a BMB+ membership. Through the BMB+ membership, the host will utilize the platforms features and tools to host personal and private tournaments. Back My Bracket is merely the vehicle to allow ‘Hosts’ (users) to conveniently host online. The Host may promote the Back My Bracket brand by using efficient marketing methods, channels and tools as further specified in this Agreement. Back My Bracket and Host may be referred to in this Agreement individually as a “Party” and collectively as the “Parties.”

Membership

Upon joining BackMyBracket, you will gain access to a variety of administrative features, including bracket creation, message boards, and online payment options, as well as oversight, convenience, security and transparency. All monies paid by users , (the “Funds”), pursuant to these Terms shall be paid to and managed and distributed by BackMyBracket, LLC. Through the BackMyBracket website, Users can view all of their transactions. BackMyBracket offers a variety of automated mechanisms that help Users manage and oversee their transactions in ways traditional methods do not.

Members choosing to use BackMyBracket for other purposes than described above may be in violation of these Terms, and subject to remedies, including those outlined in “Restricted Activities”.

Specifically, but not limited to, Members may not use theBackMyBracket Services for the following purposes:

• As an aid to online gambling, as defined in the Unlawful Internet Gambling Enforcement Act of 2006.
• As an aid to offline gambling.
• Sale of goods or services.

By using this Site, you agree to be bound by the Terms explained in this document. The use of this Site in a manner inconsistent with the descriptions in these Terms is prohibited.

Restricted Activities

By using the BackMyBracket Site and Services in any manner, duration, and for any intent, you agree that you will not:

• Provide inaccurate or false information.
• Refuse to confirm your identity, if asked.
• Allow anyone else to use your BackMyBracket account for any purpose.
• Use another Member’s BackMyBracket account for any purpose.
• Use any credit cards, debit cards, bank accounts, or other financial instruments which are invalid or do not legally belong to you.
• Perform any act that allows for the laundering of stolen or fraudulent currency.
• Take any action that could cause BackMyBracket to lose the services of its payment processors, suppliers, or technical resources.
• Perform actions that are reasonably deemed hostile to BackMyBracket's technical infrastructure.
• Use BackMyBracket to collect and redistribute any Member information.
• Use any mechanism to hide or alter your or any other MEMBER's IP address. This includes, but is not limited to, "spoofing" or "anonymizing".
• Violate any laws, statutes, ordinances, regulations, or legally-binding restrictions.
• Breach any BackMyBracket trademarks, copyrights, patents, or any other intellectual property rights, including the rights of privacy and publicity.
• Take actions that could be construed as unlawfully threatening, harassing, or defamatory.
• Refuse to cooperate in any investigation, if asked.
• Use the account of another Member who is performing any Restricted Activities.
• Use your account in a fashion that is reasonably believed to be in violation of the credit card regulations used by BackMyBracket's credit card company partners.
• Provide a cash advance to yourself from your own credit cards.
• Disclose other Members' account information.
• Use the site in conjunction with any automated process. This includes, but is not limited to, automated methods of data entry and "screen scraping".
• Copy any portion of the BackMyBracket website without prior written approval.

For any person in violation of any Restricted Activities, BackMyBracket may attempt to protect itself, individual Members, its Membership at large, its service providers, and third-parties by performing a variety of actions, as permitted by law. These include, but are not limited to, the following list.

BackMyBracket may in its sole discretion:

• Update Member account information to correct inaccuracies.
• Refuse service, or terminate or suspend all or part of a Member’s access to the Site or Services.
• Withhold funds for up to one hundred and eighty (180) days if in the sole discretion of BackMyBracket, such actions are necessary in order to protect the interests of BackMyBracket or any of its parents, subsidiaries, affiliates, agencies, officers, directors, employees, or shareholders, or representatives of any of the foregoing, from liability.
• Take legal action against any person.
• Close Member accounts.
• Limit Member availability to funds.
• Contact a Member's bank(s), credit card issuer(s), credit rating firms, and any other financial institution deemed appropriate in the sole judgment of BackMyBracket.
• Contact any third party who has an interest in the Member's Restricted Activities.
• Contact law enforcement.

Relationship of the Parties

The Parties’ relationship is that of independent contractor. Host will not be considered an employee, partner or joint venturer of Back My Bracket. Host will be responsible for any benefits, tax obligations or other obligations related to any employee or contractor of Host and no employee or contractor of Host will be considered an employee of Back My Bracket under any circumstances. Host shall defend, indemnify and hold Back My Bracket harmless from any claims, liabilities, causes of action or damages arising out of or relating to any allegation that Host, or any employee or contractor of Host, is an employee of Back My Bracket.

Compensation

The Host authorizes Back My Bracket, LLC to collect a transaction convenience fee as a percentage of the tournament fee set by the host.  This fee will be automatically collected through Back My Bracket, LLC automated payment system at the time the participant pays to enter the tournament. Back My Bracket, LLC reserves the right to adjust the fee percentage, either by raising or lowering it, with prior written notice. Host agrees to set a fee no less than $2 (two dollars) Host agrees and accepts any adjustments by selecting the check box. 

Product Use and Ownership

Back My Bracket may provide Host with promotional items at Back My Bracket’s expense. Host shall use these promotional items solely as agreed to by Back My Bracket, and Host shall not sell such items or use them in any manner not agreed to in advance by Back My Bracket.

Confidentiality, Non-Disclosure Agreement, and Non-Compete

Host may not disclose the terms of this Agreement to any third party without the prior written consent of Back My Bracket. Host shall not provide any third party with any confidential or proprietary information of Back My Bracket without the prior written consent of Back MyBracket. Host shall not provide any services to any direct competitors of Back My Bracket for a period of minimum of 24 months after termination or this Agreement. Host agrees this restriction is reasonable in exchange for its participation with Back My Bracket under this Agreement. Upon termination of this Agreement, Host shall return to Back My Bracket all confidential and/or proprietary documents, records, or other information provided by or relating to Back My Bracket.

Copyrights and Other Intellectual Property Rights

All content and other materials created by Host under this Agreement shall be the exclusive property of Back My Bracket. Host hereby irrevocably assigns to Back My Bracket, in perpetuity and throughout the universe, all right, title and interest in (including without limitation all copyright and other intellectual property rights) in and to any content or other materials created, developed and/or reduced to practice by Host pursuant to this Agreement. Host shall execute such further documents as requested by Back My Bracket to evidence Back My Bracket’s ownership in such content and other materials.

Term of Agreement; Termination

This Agreement shall commence on the Effective Date which a Host has become a member through a membership and shall remain in effect for a period as long as the host maintains a membership. This Agreement shall automatically renew for an additional twelve (12) months thereafter, unless either Party cancels the membership. Host can cancel membership only online or in writing via email. Notwithstanding the foregoing: (i) Back My Bracket may terminate this Agreement or membership for any reason without notice to the Host.  

Further Obligations of Host

In addition to the foregoing provisions of this Agreement:

1. All activities of Host must comply with all applicable laws, rules and regulations of the United States of America and its states, possessions and territories. Without limiting the generality of the foregoing, Host represents and warrants it will comply with all disclosure requirements required by the Federal Trade Commission and any applicable state or local territory with respect to statements made or activities performed under this Agreement.

2. Any public statements of Host, including without limitation any content provided by or on behalf of Host under this Agreement, shall not contain any infringing, discriminatory, libelous, defamatory, disparaging, pornographic, or other offensive content.

3. Host shall refrain from any action or statement that has the potential to damage the brand or reputation of Back My Bracket. Back My Bracket may immediately terminate this Agreement upon any violation of the foregoing sentence by Host or anyone acting on Host’s behalf.

4. Host hereby grants Back My Bracket, LLC a perpetual, irrevocable, worldwide, fully paid-up license to use Host’s name, image, photograph, signature and likeness in connection with promoting BackMy Bracket.

Amendments. This Agreement contains the entire understanding of the Parties with respect to the subject matter of this Agreement. No modification or alteration of this Agreement shall be binding or enforceable unless expressly agreed by the Parties in writing.

Governing Law

This Agreement shall be governed by the laws of the State of Illinois without regard to its choice of law rules. Any dispute, action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the federal or state courts located in Cook County, Illinois, and both Parties hereby consent to jurisdiction and venue in such courts with respect to any dispute, action or proceeding arising out of or relating to this Agreement.