LAST UPDATED: May 25th, 2025
Terms of Service
This terms of service agreement (“Terms”) sets forth the terms under which Sports Cappers Leaderboard, LLC (“we,” “our,” or “us”) provides our services, including our features, software, and website (“SCL”).
IF YOU ARE LOCATED IN THE UNITED STATES OR CANADA, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS BELOW. PLEASE REVIEW SECTION 13.
By registering for or using SCL, you agree to these Terms.
1. Our Services
We enable sports content creators (collectively, “SCL Creators”) to set up digital storefront ecommerce stores, set up subscription packages, and distribute their sports content or predictions (“posts”) to individuals (either through the SCL website directly or through the use of links to the applicable SCL Creator’s non-SCL site).
SCL Creators can use SCL to distribute their posts to their subscribers via multiple channels (including but not limited to SMS and email), and also charge these individuals for paid content via individual a la carte pricing and customizable subscriptions.
Please also read our Privacy Policy, which describes how we collect, use, and disclose information when you use SCL.
2. Eligibility to Use SCL
If you are registering for SCL on behalf of an organization, then you are entering into these Terms on behalf of the organization, and you represent that you have the authority to bind the organization to these Terms.
3. Our Messaging Policies
You must not use SCL to transmit any content or data that is unlawful, that infringes any intellectual property rights, or that otherwise violates local regulations.
Though we have no obligation to do so, we may access, review, block, or delete your messages at any time and for any reason, including (i) to provide and develop SCL, (ii) if we think your messages violate these Terms, and (iii) to comply with applicable law or any request or requirement of a court, law enforcement or other administrative agency or governmental body.
4. Terms for SCL subscribers
To become a SCL subscriber, you must: (i) subscribe to an SCL Creator (either on their free or paid plans); (ii) give prior express signed written consent to receive recurring messages (which may be marketing, transactional, and/or automated) from or on behalf of the applicable SCL Creator via SCL. Your consent to receive such messages is opt-in via the notification preferences and related to a transaction.
You agree that:
we may send you account-related messages at the phone number and/or email address you have provided to us;
you understand and will pay Creators at the rates that they set for their different interactions, which can change whenever the Creator wants;
each SCL Creator alone (and not sportscappersleaderboard.com, or Sports Cappers Leaderboard, LLC) is responsible for determining whether and what messages are sent to you via the SCL Number and when those messages are sent (which may be at any time of day, including on weekends or holidays);
you are responsible for any messaging and data charges that you may incur when messaging with SCL Creators or with us;
SCL Creators may block you from messaging with them via SCL at any time, for any reason, without advance notice;
messages sent via SCL may contain links to third-party websites or apps, which may be subject to different terms and conditions and privacy practices, and we are not responsible or liable for their content, products, or services (“Third Party Materials”);
you will use only your own phone number when messaging a SCL Creator (and if we discover that you did not use your own phone number, we may suspend or terminate your account access at any time); and if you change or deactivate the phone number that you used when signing up to receive messages from a SCL Creator, you will email us at support@sportscappersleaderboard.com within 72 hours.
We have no control over and do not guarantee: (a) the suitability or legality of messages sent by SCL Creators; (b) the truth or accuracy of messages sent by SCL Creators; (c) the performance or conduct of SCL Creators; or (d) who a SCL Creator permits to access and use SCL on their behalf. If you think a SCL Creator is sending messages in violation of local laws, please email us at support@sportscappersleaderboard.com.
If you want to stop receiving messages from a particular SCL Creator, send a message that says STOP (case insensitive) to the SCL Number. For more information about our privacy practices (including information on how to stop receiving messages from all SCL Creators), see our Privacy Policy. You may also request assistance at any time by sending a message that says HELP (case insensitive) to any SCL Number or emailing us at support@sportscappersleaderboard.com.
5. Terms for SCL Creators
If you are signing up as a SCL Creator, you must register and create a User Account on SCL. You must provide a valid phone number and email address. It is a condition of your use of our services that all the information you provide on is correct, current, and complete. You agree to our platform terms as currently as either (i) an agreed percentage utilizing the SCL Affiliate Payment Method (defined below) or (ii) defined as 35% of all transactions.
You agree that all information you provide as a Creator or otherwise, including but not limited to information provided through the use of any interactive features on the Website, is governed by SCL’s Privacy Policy at [ ], and you proceed on the basis that you are aware of how and why SCL process your personal data, as is set out in SCL’s Privacy Policy.
If you are a Creator and wish to receive payments, you will need to either (i) work with SCL to create a store that uses SCL approved links to your content provided in other sites (such as Winible.com, Whop.com, or dubclub.com) that incorporates an SCL affiliate payment concept (“SCL Affiliate Payment Method”) or (ii) sign up via our payment processor/payouts provider flow and agree to their terms (“SCL Standard Payment Method”). You may also need to submit additional legal information, such as a W-9 if you are resident in the United States of America. The exact information required will depend on your country of residence. Amounts due to you as a Creator from followers will be paid to you by one of our Payment Providers in accordance with your Payout Options.
By registering on SCL, you confirm that:
- You have read and accept our these Terms of Service.
- all User Account registration and profile information is truthful and accurate and that any User Content you provide is your own and does not infringe the intellectual property rights or any other proprietorial rights of a third party;
-if you previously had a User Account with SCL, your old User Account was not terminated or suspended by SCL for violation of the Terms of Service;
-you register on SCL for your own personal use and you will not sell, rent or transfer your User Account to any third party; and
SCL reserve the right, at any time, to verify the information which you provide to SCL as well as your compliance with the Terms. If SCL is unable to verify this then SCL reserve the right to suspend your account.
-you will not use any non-SCL approved third party payment processors to accept payments for subscriptions, or any other service, via SCL.
-You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify SCL at support@sportscappersleaderboard.com if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure not to share your phone number with anyone.
-SCL reserves the right to take down your account or content if we find out through our reporting and complaint process from a user or fellow creator or other means that the content is illegal or otherwise violates the Standards. Our process is thorough and will take into account all the involved parties, , consent forms, and other materials necessary in order to make the right decision.
-SCL reserves the right to disable any user name, password, or other identifier, whether chosen by you or provided by SCL, at any time and at SCL’s sole discretion for any or no reason, including if, in SCL opinion, you have violated any provision of the Terms.
If you are signing up to use SCL on a SCL Creator's behalf, you acknowledge that you may only use SCL with their permission and in ways that would be permitted by that SCL Creator (for example, messages you send on their behalf must not violate local laws).
Below is more information about the creator payment structure on SCL for SCL Standard Payment Method:
1. Fee Assessment- For every subscription made to a Creator's content on SCL. SCL will deduct a fee equivalent to 35% of the subscription amount ("Platform Fee"). This fee is used to cover the operational, transactional, and administrative costs associated with maintaining and running the platform.
2. Payment Disbursement- Upon a subscriber's successful payment, the Creator will receive 65% of the subscription amount, with SCL retaining the aforementioned Platform Fee. Payouts to Creators will be made according to the payout schedule detailed in the Payment Terms section (SCL will use reasonable efforts to complete payouts at least once a month).
3. Transparency: All transaction details, including the gross amount, Platform Fee, and net amount payable to the Creator, will be made available to the Creator's at the time of payment.
4. Modification of Fee Structure SCL reserves the right to modify the Platform Fee percentage at any time. Creators will be notified of any changes at least 30 days in advance, and continued use of the platform after such changes become effective will constitute acceptance of the revised fees.
5. Any subscription fee charged by Creators to users on the SCL platform shall not exceed $500.00 unless expressly permitted by SCL. Prior written consent must be obtained from SCL for any subscription fee exceeding this limit. SCL reserves the right to deny such consent at its discretion.
Fraudulent payment activity:
SCL continuously monitors for fraudulent activity to maintain the integrity of the Platform and protect both creators and customers.
If a creator's account experiences an amount or pattern of fraudulent payment activity, as determined at SCL’s sole discretion based on its internal criteria, SCL reserves the right to suspend or terminate that creator's account.
Suspended creators will be notified and may be offered an opportunity to resolve the concerns, at the discretion of SCL. However, in severe cases, permanent termination may be enacted without the possibility of appeal.
Customer Disputes/Chargebacks:
In the event a creator's customer enacts a dispute or chargeback against a transaction, SCL reserves the right to take the following actions:
Refund the Customer: SCL may choose to refund the customer in full. Any such refund will be deducted from the creator's current or future earnings.
Dispute Resolution: SCL may choose to dispute or contest the chargeback on behalf of the creator. The decision to do so will be made at the sole discretion of SCL, taking into consideration the evidence provided and the specifics of the situation.
Creators are expected to cooperate fully during dispute resolution processes, providing any necessary information or documentation in a timely manner.
This is all done to protect the interest of both the creator and viability of the platform at large to ensure that there are no payment compliance issues.
General Provisions:
These terms are subject to change. SCL will provide creators with notice of any significant changes and continued use of the Platform after any changes are made will constitute acceptance of those changes.
Any disputes arising out of these terms will be governed by the laws of the United States, without regard to its conflict of laws rules.
6. Restrictions
We and our licensors retain all right, title and interest, including all intellectual property rights, in and to SCL and all SCL Numbers. Any and all use of our trademarks by you will insure to our benefit and you will not obtain or retain any rights in our trademarks.
You must not (and must not assist or allow others to): (i) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our apps or websites; (ii) send, store, or transmit viruses or other harmful computer code through or onto our servers or systems; (iii) gain or attempt to gain unauthorized access to our servers or systems; (iv) interfere with or disrupt the integrity or performance of our servers or systems; (v) create accounts or send messages through unauthorized or automated means; or (vi) collect the information of or about our users in any impermissible or unauthorized manner.
We welcome and encourage you to provide us with feedback, comments, and suggestions for improvements to SCL (“Feedback“). Any Feedback you submit to us will be owned by us and we may use and exploit that Feedback without restriction for any purpose, without compensation to you.
7. Terms of Termination
You may terminate these Terms at any time and for any reason by emailing us at us at support@sportscappersleaderboard.com and asking us to delete your SCL account, and we may suspend or disable your SCL account and/or terminate these Terms at any time, for any reason, without advance notice. If we suspend or disable your SCL account for a violation of these Terms, you must not create another SCL account without our permission.
Regardless of who terminates these Terms, both you and we continue to be bound by sections 3, 4, 6, and 9-16 of these Terms and, if you are a SCL Creator, by sections 6, 7, and 8 of our Additional Terms for SCL Creators.
8. Copyright Infringement
If you believe that anything on SCL infringes a copyright that you own or control, please send us a written notice to the email below that meets the requirements set forth in the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”).
support@sportscappersleaderboard.com
Please note that if you knowingly give false, misleading, or inaccurate information regarding the existence of infringing content, we may suspend your account, and you may face other legal consequences.
If we have taken down any material or content that you believe should not have been removed, you can send us a written counter-notice by email to support@sportscappersleaderboard.com. Please be sure your counter-notice meets the DMCA requirements.
We may promptly terminate without notice the accounts of users who have been notified of infringing activity, including those who have had messages removed from SCL at least three times (“Repeat Infringers”). Repeat Infringers will not be tolerated.
9. DISCLAIMERS
To the maximum extent permitted by law:
SCL is provided “as is” and “as available” and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
we do not represent or warrant that (i) SCL will always be secure, error-free, or timely; (ii) SCL will always function without delays, disruptions, or imperfections; or (iii) any messages you send or receive via SCL will be timely or accurate;
we take no responsibility and assume no liability for any messages that you, another user, or a third party send or receive via SCL. You agree that you may be exposed to messages that might be offensive, illegal, misleading, or otherwise inappropriate, none of which we will be responsible for.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, we and our shareholders, employees, affiliates, licensors, agents, and suppliers (collectively, the “Affiliated Entities”) will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use SCL; (ii) the conduct or content of other users or third parties via SCL; or (iii) unauthorized access, use, or alteration of your messages, even if we have been advised of the possibility of such damages.
Your sole and exclusive remedy for dissatisfaction with SCL or any Third Party Materials is to stop using SCL. In no event will the liability of us and our Affiliated Entities, in the aggregate, for all claims relating to these Terms or SCL, exceed the greater of $100 USD or the amount you paid us, if any, to use SCL in the last 12 months.
11. Indemnification
To the maximum extent permitted by law, you agree to indemnify and hold us and our Affiliated Entities harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your messages; (ii) your use of SCL; (iii) your violation of any laws or regulations; (iv) third-party claims that you or someone using your password did something that, if true, would violate these Terms; (v) any misrepresentations made by you; or (vi) a breach of any representations or warranties you've made to us. We reserve the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you shall provide us with such cooperation as we reasonably request.
12. Dispute Resolution
If you are a SCL user located in the United States or Canada, then section 13 below applies to you. Please also read that section carefully and completely. If you are not subject to section 13 below, then all disputes arising out of or related to these Terms or any aspect of the relationship between us (including any communications between us), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Disputes”), will be resolved exclusively in the United States District Court for the Northern District of Texas located in Dallas, Texas or a state court located in Dallas County in Dallas, Texas, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.
The laws of the United States (including federal arbitration law) and the State of Texas govern these Terms, as well as any Disputes, whether in court or arbitration, which might arise between us, without regard to conflict of law provisions, and regardless of your location.
13. Arbitration
If you are a SCL user located in the United States or Canada, then this section 13 applies to you.
Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between us (including any communications between us), whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You agree that we are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. All such matters will be decided by an arbitrator and not by a court or judge.
You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other relevant circumstances. If the parties are unable to agree on a location, the AAA or the arbitrator will determine the location.
The arbitrator's decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
You may opt out of this agreement to arbitrate by emailing us at support@sportscappersleaderboard.com with your first name, last name, phone number, and address within 30 days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.
Notwithstanding any of the foregoing, nothing in these Terms will prevent you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
14. Export Controls
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not: (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any of the U.S. government lists of restricted end users.
15. Changes to these Terms
We may modify these Terms from time to time. When we update these Terms, we will revise the “Last updated” date above and post the new Terms on www. sportscappersleaderboard.com. Your continued use of SCL (including, without limitation, signing up to receive messages from an additional SCL Creator after an update) confirms your acceptance of the updates. If you do not agree to any update, you must stop using SCL. We may also modify or discontinue all or part of SCL at any time; or charge, modify, or waive any fees required to use SCL.
16. Acceptable Use
SCL requires that all Users respect and comply with these Terms below, at all times, when using
General Restrictions
You may not:
Use SCL other than for your own lawful and personal use in accordance with these Terms.
Impersonate SCL, one of SCL’s employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent any affiliation, endorsement, sponsorship between you and SCL and/or any other person or entity.
Falsify account registration information, or make unauthorized use of another's information or content.
Use SCL in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity.
Copy, reproduce, distribute, modify, or create derivative works from, any portion of SCL without our express written permission.
Use SCL for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by SCL, may harm SCL or Users of the service or expose them to liability.
Content Standards
You shall not create, upload, post, display, publish or distribute User Content that:
Is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way which incites violence or violates any of the aforementioned prohibitions.
Violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent).
Promotes or advertises escort services.
Promotes or advertises firearms or other weapons, drugs, or drug paraphernalia.
Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person.
Involves 3rd party commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
Gives the impression that it emanates from or is endorsed by SCL or any other person or entity, if this is not the case.
Intellectual Property and Data Protection
You shall not use SCL in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
You shall not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of SCL.
You shall not interfere in any way with the operation of SCL or any server, network or system associated with SCL, including, without limitation, hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the site or any server, network or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access.
You shall comply with all applicable data protection laws in relation to the personal information of others that you access through SCL and ensure the protection of such information against unauthorized use or disclosure.
You shall not use any automated systems or software to extract data from SCL for commercial purposes (“scraping”), without our express written permission.
You acknowledge that while fair use laws may apply to your use of copyrighted content, the determination of whether any use constitutes fair use will depend on the circumstances and it is your responsibility to ensure your use complies with such laws.
Account and Content Responsibility
You are responsible for safeguarding the security of your account on SCL, including maintaining strong passwords and controlling access to your login credentials.
You shall not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own.
You grant SCL and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of operating the Website.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not SCL, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You shall indemnify SCL, SCL’s licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred arising out of or in connection with your User Content.
SCL is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
Export Control and Legal Compliance
You shall not use SCL in violation of any export control or embargo laws that apply to you.
You shall not use SCL for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, or for any other competitive purposes.
Reporting and Enforcement
Users are encouraged to report to SCL any suspected misuse of the service or any User Content that potentially violates this Acceptable Use Policy.
Any content posted that is reported by another User or SCL, and that is deemed unacceptable by SCL, will be deleted and the User notified via email.
Users who repeatedly violate this Acceptable Use Policy may face account suspension or termination, at SCL’s discretion.
Cooperation with Investigations
You agree to cooperate fully with SCL in any investigation relating to misuse of the Website or breach of these Terms.
Custodian of Records
Upon signing up to www.sportscappersleaderboard.com, you agree to act as custodian of records for the content that you upload and to maintain such records in compliance with applicable laws.
Final Provisions
By registering an account with SCL, you represent and warrant that:
you will fully comply with these Terms;
you accept full responsibility for the use of SCL on any device, whether or not it is owned by you;
you accept full responsibility for any User Content created or provided by you; and your use of SCL will not violate these Terms or any applicable law.
If you are using SCL on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in or entailed by these Terms and that you are authorized to bind the business or other entity to these Terms.
Any questions regarding User Content can be addressed by emailing support@sportscappersleaderboard.com.
17. DMCA
This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Agent: Support@sportscappersleaderboard.com
18. Linking to the Website and Social Media Features
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information:
(i) description of the copyrighted work that is the subject of claimed infringement;
(ii) description of the infringing material and information sufficient to permit us to locate the alleged material;
(iii) contact information for you, including your address, telephone number and/or e-mail address;
(iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law;
(v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
(vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
19. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. SCL has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
20. Extended disclaimer of Warranties; Limitations of Liability
By using SCL, you acknowledge and agree as follows:
SCL and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, SCL disclaim any and all warranties, express or implied, with respect to SCL and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. SCL does not warrant or guarantee the accuracy, usefulness, completeness or reliability of SCL, or the results of your use of SCL. SCL disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. SCL also do not warrant or guarantee that SCL and all of its services and features will be available at any particular time or location; that SCL and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that SCL and all of its services and features will be free of viruses and other harmful ass. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. To the fullest extent provided by law, SCL will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of SCL and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
SCL does not warrant or guarantee that use of the services will be uninterrupted or error free twenty-four hours a day, seven days a week, since SCL may need to carry out maintenance of the Website from time to time. However, SCL will use its reasonable endeavors to carry out any such maintenance of the Website outside of business hours (between 09:00 and 5:00 PST time) and SCL will endeavor to give reasonable notice, however this may not always be possible;
In no event shall SCL be liable (strictly or otherwise) in contract, tort, negligence, strict liability or under any other legal or equitable principle, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) SCL or any of its services or features, nor shall SCL be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact FIL at support@sportscappersleaderboard.com and SCL will seek to prevent continuance of such distribution where SCL is reasonably able to do so; and
in no event shall SCL total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) SCL or any of its services or features, exceed one hundred dollars ($100.00). This does not affect any liability that cannot be excluded or limited under applicable law.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) SCL or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred dollars ($100.00).
21. User indemnification
By using SCL, you agree to indemnify and hold harmless SCL and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:
your use of SCL or any of its services or features;
any User Content created, published, or otherwise made available on SCL by you;
any transaction or interaction between you and any other User of SCL; and/or
your violation of the Terms or any applicable law.
Notwithstanding SCL’s appointment as the Creator's agent to pay the Creator Commission, SCL, the follower and Creator are independent contractors and are responsible for meeting all of their respective legal or statutory obligations. This extends to the payment of any taxes or other payments properly demanded by a regulatory authority. Should a User fail to meet those obligations then the User shall indemnify SCL for any loss or expense, including management time that is as a consequence incurred by SCL.
22. Extended Governing Law and Dispute Resolution
You and SCL agree that these Terms shall be governed by and construed in accordance with the laws of the United States (without regard to the conflict of laws provisions thereof) and that any dispute between you and SCL concerning SCL or arising out of or related to these Terms shall be resolved exclusively in the courts of the United States.
Except where prohibited by applicable law, any claim or cause of action by you concerning SCL or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.
23. Extended Waiver and Severability
No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
24. General
The Terms constitute the sole and entire agreement between you and SCL regarding the service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the service.
The Contracts (Rights of Third Parties) Act 1999 is excluded.
25. Prohibited Activities
Generally. The Site is intended to be used for the enjoyment of its Users in a manner consistent with any applicable laws, this Agreement, and SCL’s Privacy Policy. Any activities (including “Prohibited Activities” as defined below) on the Site or any use thereof by Creators or Users that violate or would endorse, promote, or suggest a violation of any law, this Agreement, or the Company's Privacy Policy will be considered a breach of this Agreement.
26. Purchases
The Company does not charge Users any basic fee to access the Site or receive Site Services. However, the Company requires that Users establish a User Account to interact with Creators. The applicable rates or the methods by which the applicable rates are determined are generally described on the Site.
Payment. Users can purchase content and subscriptions by third-party payment processor such as Paypal. Credit card charges processed via third-party payment processors such as Paypal are fully secure to ensure User's absolute privacy and reliability in the amount charged.
Credit Card Holders. The rights and liabilities of each credit card holder, including with respect to the purchase SCL Credit, is governed by each respective credit card issuer agreement.
Accumulation. SCL may, at its own discretion, accumulate Users' charges.
Fees. SCL is not responsible for any additional service fees associated with the purchase of SCL Credit from a third-party payment processor. SCL is not responsible for any fees associated with accessing the Site or receiving Services therefrom, including charges for internet and domestic and international cell phone usage.
Promotions. SCL Credit may be distributed to User Accounts upon registration of a User Account or in connection with a promotional event.
Disputes. In any case of a dispute with regard to the use of a User's credit card to purchase SCL Credit, the Company shall be entitled to suspend or terminate that User Account immediately and indefinitely.
Refunds. At its discretion the Company may issue refunds to Users in extraordinary cases in the form of USD or SCL Credit.
Expiration. Once associated with a User Account, SCL Credit will remain associated with that account indefinitely unless it is consumed, or the User Account is cancelled or terminated. In case of the cancellation, closure or termination of a User Account for any reason, any outstanding SCL Credit associated with the User Account will immediately expire.
Fraud. The provisions notwithstanding, in the case of a fraudulent purchase of SCL Credit, the Company reserves the right to void such a purchase and terminate any User Accounts associated with the purchase.
27. Sports Content Updates via SMS
1.1. By subscribing to creators on SCL and opting to receive sports content updates via SMS, you acknowledge and agree to the following:
1.2. You authorize SCL to send you sports content updates from the creators you have subscribed to via SMS. These updates may include information related to sports content, predictions, analysis, and other relevant content.
1.3. You understand that SCL is not responsible for the accuracy or outcomes of the sports content provided by the creators. The posts are solely the opinions and suggestions of the creators, and you are solely responsible for your own decisions and actions regarding sports entertainment.
1.4. You acknowledge that receiving sports content updates via SCL may incur data charges from your mobile service provider. You are responsible for any such charges, and SCL bears no responsibility for these charges.
1.5. You have the right to opt out of receiving sports content updates via SCL at any time. You can manage your preferences in your account settings or by following the instructions provided in the SMS messages.
1.6. SCL reserves the right to modify or discontinue the SMS sports content update service at any time without prior notice.
28. SCL Short Code Terms of Service:
1. SCL Creator alerts allows subscribers to get SMS notifications whenever a sports creator they've subscribed to has uploaded a new post.
2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@sportscappersleaderboard.com.
4. Carriers are not liable for delayed or undelivered messages
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. The messaging frequency will vary based on the creator(s) you are subscribed to. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have any questions regarding privacy, please read our privacy policy: [ ].
29. Marketing Communications
Consent to Receive Marketing Communications: By providing your phone number and opting in, you consent to receive promotional and marketing text messages (SMS) from specific SCL creators. These messages may include special offers, promotions, product updates, and other relevant marketing information. Message frequency may vary.
Opting Out: You may opt out of receiving marketing messages at any time by replying "STOP" to any SMS message received. After opting out, you will no longer receive promotional messages, but we may still send transactional or service-related texts necessary for account management. The settings for notifications can be found via the Subscriber login portal on SCL.
Message and Data Rates: Message and data rates may apply depending on your mobile carrier and service plan. SCL is not responsible for any charges incurred from your carrier.
User Obligations: You agree to provide accurate contact information and promptly notify us if your phone number changes. Failure to do so may result in you continuing to receive messages at your previous number and no longer receiving intended communications.
30. Special Promotions Subscription Extension Process:
Normal refund policy can be found at [ ]. Eligibility for extensions regarding special promotions that creators market for campaigns can vary and will follow these terms and stipulations:
1. Subscription with Promo Code: Users must have signed up for a SCL creator subscription using the applicable promotional code to be eligible for any free month or free extension of any SCL subscription.
2. Usage Requirement for Free Month Extension: Users must make picks for X consecutive days (X as dictated by the subscription plan and creator campaign in question) on a legal third-party fantasy sports pick ’em site such as Underdog or PrizePicks or sportsbook (as described by the creator) using the picks provided by the SCL creator subscribed to by the subscriber.
3. Profitability Clause: Picks must not prove profitable over the defined period if used for X consecutive days for the subscriber to be eligible for an extension.
Promotional Campaign Restrictions:
Creators are not allowed to offer promotional campaigns that provide refunds of money or suggest or offer a "guarantee" on any picks, Creators must be clear with Users that no pick is guaranteed, and that any pick or bet is a risk. However, Creators will be allowed to offer a maximum free 1-month extension for customer retention purposes.
Extension Process:
1. Evidence Submission: To initiate an extension request, the Subscriber must provide evidence of having placed picks for X consecutive days based on the picks. This evidence should include date-stamped records of each pick placed.
2. Extension Request Deadline: The request for an extension, along with the required evidence, must be submitted within 3 days of completing the picking period.
3. Evaluation Period: Upon receipt of the extension request and supporting evidence, SCL will review the submission within 5 business days to verify the claim.
4. Extension Approval: If the claim is verified and approved, the extension will be applied to the Subscriber's account, extending their subscription for a maximum of one month.
Limitations and Liability:
1. Exclusion of Profit and Loss Liability: Users acknowledge that SCL is not liable for any expected profits or losses incurred as a result of following any creator’s picks. Users recognize that there is risk involved whenever placing picks on any third-party legal “pick-em” or betting site.
2. Extension Only: The extension is limited to a maximum of one month and will not result in a refund of the subscription fee. No other costs or fees will be reimbursed.
3. Amendments to Terms: SCL reserves the right to amend these terms and conditions without prior notice. However, any changes will not affect extension requests already submitted under the previous terms.
31. Other Terms
You use SCL at your own risk, and you must comply with all applicable laws, rules, and regulations while doing so. We may limit SCL’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction.
Unless a mutually executed agreement between us states otherwise, these Terms make up the entire agreement between us regarding SCL and supersede any prior agreements regarding the subject matter of these Terms.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agent, or franchisor-franchisee relationship between us.
We notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.
All of our rights and obligations under these Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise. You will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent.
Except as expressly set forth herein, there are no third-party beneficiaries to these Terms.
If we fail to enforce any of these Terms, it will not be considered a waiver.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of these Terms conflicts with the English version, the English version controls.
32. Contact Info
Sports Capper Leaderboard, LLC.
support@sportscappersleaderboard.com