Effective Date: [DATE]
These Terms of Use ("Terms") govern your access to and use of the websites, applications, games, software, features, and services provided by Patio Games LLC ("Patio," "we," "us," or "our"), including services available through playpatiogames.com and any related websites or applications (collectively, the "Services").
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Patio provides software and tools that allow groups to organize and participate in sports-related games and competitions, including drafts, auctions, pools, pick'em games, fantasy-style competitions, scoring systems, leaderboards, standings, and related social gaming experiences.
Depending on the game, Patio may:
Patio is a software and game-management platform. Patio is not a sportsbook, casino, gambling operator, payment processor, escrow service, or financial institution.
Patio does not accept wagers, collect entry fees on behalf of participants, hold prize pools, custody participant funds, pay winnings, guarantee payments, or act as a counterparty to any wager or financial arrangement among users.
If members of a group independently choose to associate money, prizes, or other value with the outcome of a game:
In some games, Patio may calculate or display amounts that users have independently agreed should be paid between participants based on game results. Such calculations are provided solely as an administrative convenience and do not constitute payment processing, debt collection, escrow, or a guarantee of payment.
Certain Services allow a user to act as the organizer or "Host" of a game.
A Host acts on behalf of the Host's own group and does not act as Patio's employee, agent, representative, bookmaker, payment agent, or authorized intermediary.
Hosts may establish certain settings or rules for their groups. Hosts are responsible for communicating those rules to participants and administering their groups fairly and in compliance with applicable law.
Patio is not responsible for a Host's conduct, decisions, handling of money, interpretation of group rules, or disputes with participants.
Patio is designed primarily as a social entertainment and game-management platform.
Laws governing contests, games of skill, fantasy sports, pools, gambling, wagering, and prizes vary by jurisdiction and may depend on factors including the nature of the game, the relationship among participants, whether consideration is required, whether prizes are offered, and whether anyone profits from operating the game.
You are responsible for ensuring that your participation, your group's activities, and any arrangement involving money or prizes comply with the laws applicable to you.
You may not use Patio:
Patio may restrict, suspend, or terminate access to any game, group, or user if we reasonably believe the Services are being used unlawfully or in a manner that creates legal or regulatory risk.
You must be at least 13 years old to create an account or use portions of the Services that collect personal information.
If you are under the age of majority where you live, you may use the Services only with the involvement and permission of a parent or legal guardian.
Certain games, features, or activities may require participants to be 18, 21, or another minimum age under applicable law. Patio may impose additional age restrictions on particular Services.
If you are a parent or guardian permitting a minor to use Patio, you are responsible for the minor's use of the Services.
You may be required to create an account to use certain features.
You agree to:
You are responsible for activities performed through your account unless prohibited by law.
Each Patio game may have its own rules, scoring methodology, deadlines, tiebreakers, eligibility requirements, or other terms ("Game Rules").
By participating in a game, you agree to the applicable Game Rules.
Patio may use information supplied by third-party sports data providers. Although we try to provide accurate information, sports data may be delayed, corrected, unavailable, or inaccurate.
Patio may correct scoring or results when underlying data changes or when we identify an error.
Unless otherwise stated in applicable Game Rules, Patio's determination regarding the operation and scoring of a Patio-provided game is final for purposes of the Services.
For privately administered matters established by a Host, the Host may be responsible for resolving disputes within that group.
Patio provides the Services for entertainment and administrative purposes.
We do not guarantee:
Patio may offer free and paid Services.
If Patio charges a fee, the price and applicable terms will be disclosed before purchase.
Unless expressly stated otherwise, fees paid to Patio are fees for access to software, hosting, administration, or other Services and are not wagers, stakes, entry fees held for participants, or contributions to a prize pool.
Patio does not receive a percentage of participant winnings or losses unless a future service expressly says otherwise and has separate terms governing that service.
The Services may allow you to submit names, team names, messages, images, picks, comments, game settings, or other content ("User Content").
You retain ownership of your User Content.
You grant Patio a nonexclusive, worldwide, royalty-free license to host, reproduce, modify, display, and use User Content as reasonably necessary to provide, operate, improve, and promote the Services.
You represent that you have the right to provide the User Content and that it does not violate applicable law or another person's rights.
Patio may generate graphics, standings, results, summaries, or other content intended for users to share through text messages, group chats, social networks, or other services.
You are responsible for what you choose to share and for ensuring you have permission to share information relating to other participants when required.
You may not:
Except for User Content and third-party materials, Patio and its licensors own all rights in the Services, including software, designs, graphics, interfaces, branding, trademarks, game implementations, databases, and other content.
These Terms give you a limited, revocable, nonexclusive, nontransferable right to use the Services for their intended purposes.
No ownership rights are transferred to you.
Patio may integrate with or link to third-party services, including sports-data providers, authentication providers, analytics providers, messaging platforms, social networks, and payment applications.
Those services are governed by their own terms and privacy policies.
Patio is not responsible for third-party services.
You may stop using Patio at any time.
Patio may suspend or terminate your access if:
Provisions that logically should survive termination will continue to apply.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
PATIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
PATIO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPLETELY ACCURATE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PATIO AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, OR LOSSES ARISING FROM AGREEMENTS OR PAYMENTS BETWEEN PARTICIPANTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PATIO'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
Some jurisdictions do not permit certain limitations, so portions of this section may not apply to you.
To the extent permitted by law, you agree to indemnify and hold harmless Patio and its members, managers, officers, employees, contractors, and agents from claims, damages, liabilities, losses, and reasonable legal expenses arising from:
We may modify the Services and these Terms from time to time.
If we make material changes to these Terms, we will provide notice as required by applicable law.
The effective date above indicates when these Terms were last updated.
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles.
Any dispute not otherwise subject to a valid arbitration agreement shall be brought in the state or federal courts having jurisdiction in Colorado, and you consent to jurisdiction and venue in those courts.
If any provision of these Terms is unenforceable, the remaining provisions will remain in effect.
Our failure to enforce a provision does not waive our right to enforce it later.
You may not transfer these Terms without Patio's consent. Patio may assign these Terms in connection with a merger, reorganization, financing, sale of assets, or similar transaction.
These Terms, together with applicable Game Rules and any additional terms presented for particular Services, constitute the agreement between you and Patio regarding the Services.
Questions about these Terms may be sent to:
Patio Games LLC
[MAILING ADDRESS]
[SUPPORT EMAIL]