Terms & Conditions OF USE

Last Updated: January 5th, 2025

1. Acceptance of the Terms and Conditions of Use

We are HotTakes Technologies Inc., formerly known as 12652803 Canada Inc., doing business as 'HotTakes Sports' (herein also referred to as "Company," "we," "us," "our"). We operate the website https://www.hottakesapp.com (the "Website") and the mobile application HotTakes Sports (the "App") to offer you various products and services (collectively, the "Services"). The following terms and conditions, together with the Privacy Policy, the HotTakes Competition Rules and any other documents and/or additional terms they expressly incorporate by reference collectively, these "Terms & Conditions", govern your access to our and use of our Services and constitute a legally binding agreement made between you and us.

BY CLICKING "I Accept" AFTER REVIEWING THESE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE SERVICES.

2. Definitions

The following words and terms, when used with the Terms & Conditions, shall have the following meanings, unless the context clearly indicates otherwise.

a) "Account" refers to the user account an individual creates on Website/App to access our Services. Only one user Account is permitted per person, per household or computer environment. A 'household' includes the same geographic address, mailing address, deposit / withdrawal address. A 'computer environment' is one where multiple computers are on the same server or network. It can also refer to a sequence of IP addresses registered to the same host. A player can register using a PO Box number, but it must be part of their residential address that can be independently verified. The PO Box must be accompanied by a street address, rural route or service road number;

b) "Privacy Policy" means our privacy policy published on the Website/App and includes such amendments, deletions and additions to the Privacy Policy as we may publish from time to time;

c) "Rules" means our rules regarding placing predictions on Website/App and includes such amendments, deletions and additions to the Rules as HotTakes may publish from time to time;

d) "Username and Password" means the username and password which an individual chooses to register and create an Account.

e) "You" refers to the user/potential user of Website and/or App.

3. Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to modify these Terms & Conditions, or any part thereof, at any time and for any reason, by posting the amended version on our Website and App. Such modification will become effective twenty-four (24) hours after posting. We will alert you about any changes by updating the "Last updated" date of these Terms & Conditions, and you waive any right to receive specific notice of each such change. Your continued use of our Services after such 24-hour notice period confirms your consent to and acceptance of such modification. The most current version of these Terms & Conditions will govern your use of our Services, including without limitation any content made available on the Website and App. If you do not agree with changes to these Terms & Conditions, you must cease using the Website and our Services.

It is your sole responsibility to review these Terms and Conditions and any amendments. In case of material changes to the Terms of use we will let you know through a notice on the Website home page. In case you do not agree to the material changes you have the option to decline the changes and discontinue the use of our Services.

This latest version of the Terms & Conditions represents the complete and final agreement between you and the Company in relation to our Services and supersedes any and all prior agreements between you and the Company.

4. Your Use of the Website and Account Set-Up and Security

The Website/App, including content or areas of the Website/App, requires user registration and creating an Account. It is a condition of your use of the App/Website that all the information you provide on the App/Website is correct, current, and complete. Additionally, you must enter a valid contactable E-mail address by which we can contact you in an emergency. We reserve the right to delete any vulgar or otherwise offensive Account details, or to require you to change your Account details.

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We only allow access to tournaments / competitions on the App through secured networks using encryption of the Username and password. You cannot participate without passing our customer security login.

The safety and security of your information also depends on you. You are responsible for obtaining your own access to the App and ensuring that no one accesses the App through your Account.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website/App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website/App.

Your provision of registration information and any submissions you make to the Website/App through any functionality such as chat rooms, e-mail and any other interactive functions (collectively, "Interactive Functions") constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any Username, Password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your Password or other personal information. You understand and agree that should you be provided an Account, your Account is personal to you, and you agree not to provide any other person with access to this Website/App or portions of it using your Username, Password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your Username or Password or any other breach of security. You also agree to ensure that you logout from your Account at the end of each session. You are responsible for any Password misuse or any unauthorized access resulting from your negligence or failure to maintain the security of your account.

We reserve the right at any time and from time to time, to disable or terminate your Account, any Username, Password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any reason, including but not limited to, any violation of any provision of these Terms & Conditions, the HotTakes Competition Rules, any illegal activity, or any breach of the security of your account.

You are prohibited from attempting to circumvent and from violating the security of the Website/App, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Website/App; (f) using any robot, spider, or other automatic device, process, or means to access the Website/App for any purpose, including monitoring or copying any of the material on the Website/App; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the App/Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

5. Intellectual Property Rights and Ownership

a) You understand and agree that the Website/App and their entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, Website/App layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

b) The Company name, the "HotTakes" trademark and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website/App are the trademarks of their respective owners. Unauthorized use of any such property that infringes on the rights of the property owner will constitute an infringement or violation of federal or other laws and could subject the infringer to legal action.

c) Website and App License: Subject to and conditioned on your compliance with these Terms & Conditions, Company hereby grants you a limited non-exclusive, non-sublicensable, non-transferable, revocable license to access and view the Website/App and for the limited purpose of facilitating your personal use and non-commercial use of the Website/App.

d) You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website/App, in any form or medium whatsoever except:

• Your computer and browser may temporarily store, or cache copies of materials being accessed and viewed;

• For any social media platforms that are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.

e) You are not permitted to modify copies of any materials from this Website/App nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website/App. You must not access or use for any commercial purposes any part of the Website/App or Services.

f) If you print off, copy, or download any part of our Website/App in breach of these Terms & Conditions, your right to use our Services may be suspended or terminated and you may be required to return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website/App or to any content on the Website/App, and all rights not expressly granted are reserved by the Company. Any use of the Website/App not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

6. Conditions of Use and User Content Standards

As a condition of your access and use of the Website/App, you agree that you may use the Website/App only for lawful purposes and in accordance with these Terms & Conditions.

The following content standards apply to any and all content, material, and information you submit, post, publish, display, or transmit (collectively, "submit") to the Website/App or to other users or persons of our Services (collectively, "User Content"). Any and all User Content must also comply with all applicable federal, provincial, local, and international laws, regulations, and the Terms & Conditions.

Without limiting the foregoing, you warrant and agree that your use of the Website/App and any User Content shall not:

a) In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms & Conditions.

b) In any manner violate the terms of use of any third-party website or mobile application or desktop application that is linked to the Website/App, including but not limited to, any third-party social media website or mobile application.

c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination shall be made at the company's discretion, accordance with applicable laws and regulations.

d) Involve stalking, attempting to exploit or harm any individual in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.

e) Involve, provide, or contribute any false, inaccurate, or misleading information.

f) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Terms & Conditions.

g) Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses or screen names associated with any of the foregoing.

h) Transmit, or procure the sending of, any advertisements or sales promotions without our prior written consent, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

i) Attempt to gain unauthorized access to any portion or feature of the App/Website, including accessing systems, networks, or data that you are not expressly permitted to access.

j) Attempt to interfere with, disable, bypass, or circumvent any tracking technologies or affiliate links used on the App/Website to accurately record referrals and transactions.

k) Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of our Services, or which, as determined by us, may harm the Company or users of our Services or expose them to liability.

l) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.

m) Promote any illegal activity, or advocate, promote, or assist any unlawful act.

n) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

7. Location Restrictions

This Website is only intended for and directed to residents of the United States, Canada, and any other jurisdiction where offering and use of our Services is lawful. Without limiting the generality of the foregoing, the Website is not offered to and should not be used by residents of the province of Quebec.

8. Age Restrictions

Persons who are not of legal age in their respective jurisdiction are prohibited from accessing or using the App/Website or using our Services. We have the right, but not an obligation, to at any time require proof of a person's age to ensure eligibility to access our App/Website and associated Services.

9. Responsibility for Expenses

You are solely responsible for all costs, expenses, and liabilities connected to your access and use of the Website/App. Without limiting the generality of the foregoing, you are responsible for (a) your internet, wireless, and data costs incurred in connection with your use or access of the Website/App; (b) obtaining and maintaining any device or other hardware or software you use to access and use the Website/App.

10. Live Game Prediction Terms and Conditions

Participants in our live game prediction services accept that:

a) live game predictions are only available at scheduled times via the application,

b) We publish schedules for live prediction events on the Website and these schedules are subject to change without notice,

c) due attention should be paid to the data and rules being streamed during the course of any live event, and

d) live feeds are subject to latency issues and there may be times when live events become disrupted or inaccessible as a result of unavoidable technical difficulties.

11. Dormant Accounts

Your Account will be considered dormant if it has not had any activity for 18 months. Account activity is defined as the following: making a game prediction, interacting with content from a separate User Account, entering into a Competitive Match, posting profile content.

12. Sign Up Bonus

Our sign-up bonuses are limited to new sign ups who are resident in Canada only, are offered on the basis of three times per person, household, Account or computer environment, are valid for a maximum period of 90 days from the time of sign-up. We reserve the right to alter the validity period and/or the bonus offer at any time.

Customers who are eligible for a bonus streak but do not wish to have a bonus automatically credited to their Account should notify our customer support team before making their first pick after a streak bonus has been credited.

Players considered to be abusing the bonus system may have their streak bonuses, as well as any winnings from picks based on such bonuses, forfeited and be subject to further sanctions, at our sole discretion. We reserve the right to withdraw a streak bonus or hold ineligible any customer who does not meet these Terms & Conditions. For specific terms related to any promotions refer to the Terms & Conditions on the Promotions page.

13. User Generated Content

a) User Content. User Content as defined above which includes content such as images, text, audio, and video. We may not screen, edit or review any User Content before it is posted or transmitted. You retain the copyright and any other rights you already hold in User Content. By Submitting User Content on our Website/App, you grant the us a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up, royalty-free, assignable, transferable, and sub-licensable (through multiple tiers) license to exploit, use, access, store, reproduce, adapt, translate, publish, publicly perform, publicly display, modify, repost, publish, sublicense, create derivative works from, and distribute your User Content, subject to these Terms & Conditions, without any notice or compensation to you or any other person (the "User Content License"). You confirm, represent, and warrant to us that you have all the rights, power, and authority necessary to grant the User Content License and that any User Content you submit to us or otherwise post on the Website/App is and shall be your own original work or work which you are authorized to supply to us. When you post any User Content on our or through our Website/App, and you are the author of such User Content, you hereby waive all moral rights you may have in such User Content.

b) Monitoring and Enforcement. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store, and review User Content or communications sent through a Website/App, at any time and for any reason, including to ensure that the User Content or communication conforms to these Terms & Conditions, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice, or recommendations posted or sent by users.

c) Removal of Content. You acknowledge that the Company does not pre-screen, monitor, or modify User Content, but that the Company has the right (but not the obligation) to refuse, remove, modify, or delete any User Content that is available via the App/Website or Services that violates these Terms & Conditions, is otherwise objectionable, or for any other reason in our discretion, provided that the Company will endeavor to act fairly and reasonably when exercising this right. You acknowledge and expressly consent to the Company, accessing, preserving, and disclosing your Account information and User Content if required to do so by law or if in good faith the Company believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of the Company, or our affiliates, staff, users, or the public.

d) Ownership of Derivative Content. the Company owns all data, information, materials, works, and content derived or created from User Content ("Derivative Content").

e) Feedback. We value your visit to our App/ Website and welcome any questions, comments or feedback you might have about the App/ Website, these Terms & Conditions, or any of the products or Services offered by the Company ("Feedback"). Please refer to the Contact section of the App/Website for our email addresses. That said, the App/Website is not a secure means of communication and any information or content you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, know-how, trade secrets, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions. You agree we are free to use your Unwanted Submissions as we see fit without any liability owed to you.

f) License to Feedback and Submissions. If you provide Feedback, or Unwanted Submissions, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right to use, reproduce, publish, distribute, publicly display, publicly perform, translate, adapt, modify, telecommunicate, rent out, commercialize, monetize, and create derivative works from the Feedback or Unwanted Submissions in any way and for any purpose without providing any compensation to you or any other person. You also grant the Company the right to use the name you submit with the User Content or Feedback, if any, in connection with the Company's rights hereunder.

g) Third-Party Rights Warranty. You represent, warrant, and covenant to the Company that your User Content, Feedback, and Unwanted Submissions do not violate the privacy rights, intellectual property rights, or any other rights, of any person.

14. Site Monitoring and Enforcement, Suspension, and Termination

Company has the right, without provision of notice to:

a) Remove or refuse to post on the App/Website any User Submissions for any or no reason in our sole discretion.

b) At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.

c) Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the App/Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

d) Terminate or suspend your access to all or part of the App/Website for any or no reason, including, without limitation, any violation of these Terms & Conditions.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

e) We have no obligation, nor any responsibility to any party to monitor the App/Website or its use, and do not and cannot undertake to review material that you or other users submit to the App/Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

15. No Reliance

The content on our App/Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our App/Website.

Although we make reasonable efforts to update the information on our App/Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our App/Website is accurate, complete, or up to date. Your use of the App/Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the App/Website.

The App/Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

16. Privacy

By submitting your personal information and using our App/Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy as we deem necessary for use of the App/Website and provision of Services.

By using the App/Website, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze App/Website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the App/Website may not function adequately. For more information on this automated information gathering practices.

17. Third-party websites and mobile applications

The App/Website may provide links or pointers to third-party websites and mobile application including regulated gaming websites and mobile applications. Please note we are not an iGaming or sportsbook operator and neither represent any such operator. While we may provide information and recommendations about third part gaming websites, but we do not guarantee outcomes or winning chances from any gambling activities whatsoever.

We make no representations about any other websites or mobile applications that may be accessed from the App/Website. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or mobile applications or for any loss including gambling losses or any other damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the App/Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from the App/Website. You may only use these features when they are provided by us and solely with respect to the content identified.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our App/Website must not be framed on any other site, nor may you create a link to any part of our App/Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

18. Your Responsibility, Representations and Warranties

In addition to and not in derogation of any other representations and warranties you provide to us in these Terms, you represent and warrant to us that:

a) You are no younger than 18 years old or have attained the age of majority in your residential province/territory/state.

b) You understand that to be eligible for the prize contest on the App/Website, you must be a US or Canadian resident, and not less than the age of majority in your residential province or state.

c) You have not signed up for/maintain/otherwise use more than one user Account to access the App/Website and our Services and are acting on your own behalf.

d) All information in your Account and any other information you provide us, is true, accurate, current, and complete, including, without limitation, your age. You will continue to update such details should there be any changes;

e) You are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion scheme with any other player during any contest you participate in or will participate in on the App/Website.

f) You have not previously held an Account which was either suspended or terminated by us; and

g) You shall not transfer in any way whatsoever your rights under this agreement without our prior written consent.

h) You must inform us as soon as you become aware of any errors with respect to your Account or any calculations with respect to any predictions you have placed.

i) In the event of any system failure or game error that results in an error in any odds calculation, charges, fees, bonuses or payout, or any currency conversion as applicable, ("System Error"), We reserve the right to declare null and void any predictions that were the subject of such System Error, subject to a review process.

j) You are using the App/Website in a jurisdiction where access to, and use of, the App/Website (or any part thereof) is not prohibited or illegal;

k) Your User Content does not violate the privacy rights, intellectual property rights, or any other rights, of any person;

l) You have all authorizations and licenses necessary to post your User Content on the App/Website and to grant us the license thereto;

m) You understand the contents of these Terms & Conditions and have had the opportunity to obtain legal advice with respect to these Terms & Conditions before agreeing to be bound by them;

n) You have the written consent, release and/or permission of every identifiable individual person appearing or referenced in your User Content to use his/her name and/or likeness;

o) You have the capacity and authority to enter into, execute, and perform your obligations under, these Terms & Conditions;

p) You have provided accurate and complete information on your Account registration form and will keep such information updated and current;

19. Reservation of Rights

We reserve, at our sole discretion, the right to:

a) Refuse to register any person on the App/Website,

b) Refuse to accept any game prediction on the App/Website;

c) Change, suspend, remove, modify or add any game or tournaments on the application.

d) In the event of any dispute regarding a game prediction or prize winnings, our decision will be final and binding. We reserve the right to reasonably withhold any prize(s) or winning(s) until the identity of the winning person is verified to our satisfaction in order to ensure that delivery of the prize is being made to the correct person.

e) We may disclose certain personal information of yours to third parties in accordance with our Privacy Policy.

f) We may at any time without prior notice terminate your use of the App/Website and block your Account if we believe you are in breach of any of the Terms& Conditions or that you are otherwise acting illegally.

g) We reserve the right, at our sole discretion, to offer and advertise from time-to-time promotions, bonuses or other special offers and each such offer will be subject to specific terms and conditions which will be valid for a limited period of time.

h) We reserve the right to transfer, assign, and sublicense or pledge this agreement, in whole or in part, to any person, provided that we give you reasonable notice of such assignment.

20. Disclaimer of Warranties

You understand and agree that your use of the App/Website, its content, and any Services or items found or attained through the App/Website is at your own risk. The App/Website, its content, and any Services or items found or attained through the App/Website are provided on an "as is" and "as available" basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Neither the Company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the App/Website or its contents. Without limiting the foregoing, neither the company nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the App/Website, its content, or any Services or items found or attained through the App/Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our App/Website or the server that makes it available are free of viruses or other harmful components.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the App/Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the App/Website and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the App/Website or any Services or items found or attained through the App/Website or to your downloading of any material posted on it, or on any website linked to it.

21. Limitation on Liability

Except where such exclusions are prohibited by law, under no circumstance will the company nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the App/Website, any linked websites or such other third-party websites, nor any website content, materials, posting, or information thereon.

22. Corrections

The content of the Website/App may contain typographical errors, inaccuracies, or omissions, including descriptions of prizes and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the inaccurate information on the Website/App at any time, without prior notice.

23. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms & Conditions or your use of the App/Website, including, but not limited to, your User Submissions, third-party sites, any use of the App/Website's content, Services, and products other than as expressly authorized in these Terms & Conditions.

24. Termination

You may terminate this agreement at any time by deleting your Account and discontinuing your use of the Services. We may terminate your access and use of any Services or your Account if we determine that you have violated these Terms & Conditions or that there has been otherwise unlawful, improper, or fraudulent use of Services associated with your Account. In all such cases, the termination will terminate all rights accruing to you including your license to use our Services. When practical, we will notify you of the termination. Termination of this agreement shall have no effect on any payment obligation/liability accrued prior to the effective date of termination. Lastly, we may terminate these Terms & Conditions or stop providing the App/Website and any/all our Services at any time in our sole discretion.

25. Survival

All provisions of these Terms & Conditions which must survive termination of these Terms & Conditions to fulfill their purpose will survive termination of these Terms & Conditions or the cancellation or deletion of your Account.

26. Electronic Communications, Transactions, and Signatures

Accessing the App/Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27. Governing Law, Choice of Forum, Arbitration

The content of the App/Website and these Terms & Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location.

Any action or proceeding between You and Us or arising out of or relating to the App/Website and under these Terms & Conditions or otherwise will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. Notwithstanding the foregoing, we reserve the right to commence or defend any legal proceeding in the courts of any jurisdiction of our choosing. The English language version of these Terms & Conditions will prevail over any other language version.

If you have a dispute with any user, you release the Company and its representatives from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Any dispute, claim, or controversy arising out of or relating to these Terms & Conditions or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Toronto, Ontario, Canada, in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17. Each party shall bear its own costs and expenses and an equal share of the arbitrator's and administrative fees of arbitration.

28. Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms & Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

29. Severability

If any term or provision of these Terms & Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms & Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

30. Entire Agreement

The Terms & Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the App/Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

31. Force Majeure

In no event will the Company be liable or responsible to you, or be deemed to have defaulted under or breached these Terms & Conditions, for any failure or delay in fulfilling or performing any obligations under the Terms & Conditions, when and to the extent that such failure or delay is caused by any circumstances beyond the Company's reasonable control, including acts of God, flood, fire, earthquake, tsunami, explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the effective date of these Terms & Conditions, national or regional emergency, strikes, labour stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation.

32. Reporting and Contact

Should you become aware of misuse of the App/Website including libelous or defamatory conduct, you must report it to the Company at legal@hottakesapp.com.

All other feedback, comments, requests for technical support, and other communications relating to the App/Website should be directed to support@hottakesapp.com.

You can voluntarily restrict or close your Account by contacting the HotTakes customer support at https://hottakesapp.com/contact/, or by sending an email to support@hottakesapp.com.

If you have any questions about these Terms & Conditions, please contact us at support@hottakesapp.com or visit our contact page.