Outlined below are all of the terms and conditions you agree to by using our products. If you have questions regarding our rules, please reach out to us on our official Discord.
1. Definition of Services
The Services offered by DIVVY REAL ENTERTAINMENT LTDA. through the Platform include the opportunity for players to place wagers on various sporting events via smart contracts on the Solana blockchain. You acknowledge that the Platform is not a traditional online sportsbook, and instead uses smart contracts to securely and transparently manage wagers, leveraging the benefits of decentralized technology. The Platform operates under the jurisdiction of the laws of its parent company, DIVVY REAL ENTERTAINMENT LTDA., and these Terms and Conditions govern the use of the Services offered by the Platform.
To use the Platform, you must be at least 18 years of age and have the capacity to enter into a binding agreement in accordance with the laws of your jurisdiction. By using the Platform, you represent and warrant that you meet these age and capacity requirements and have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein.
The Platform is not intended for individuals under the age of 18 and such individuals are not eligible to use the Platform. You are solely responsible for determining whether your use of the Platform is lawful in the jurisdiction in which you reside. It is your responsibility to inform yourself of and to abide by all applicable laws and regulations. You should also stay informed about any changes to such laws or regulations. DIVVY REAL ENTERTAINMENT LTDA. makes no representation or warranty with respect to the legality of the Platform in any jurisdiction.
3. User Account
The Platform offers permissionless and non-custodial wagering, meaning players are not required to create an account to use the Platform. However, it is the player’s full responsibility to safeguard their private keys and ensure the confidentiality of their account information at all times. The player acknowledges and agrees that they are fully responsible for all activities that occur under their account and for any losses or damages that may result from unauthorized access to their account.
The player further acknowledges and agrees that they should never communicate, write down, or share their cryptographic private keys with any third party, including but not limited to friends, family members, or any other person. In the event that the player gives away, shares, or loses their private keys, DIVVY REAL ENTERTAINMENT LTDA. will not be held responsible for any loss or damage that may result thereof. The player acknowledges and understands that Divvy.bet employees will never request or solicit their private keys, and that any communication purporting to be from a Divvy.bet employee and requesting private keys is likely a phishing attempt. The player is solely responsible for ensuring the confidentiality and safekeeping of their private keys.
4. User Conduct
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party. Such restriction or inhibition includes, without limitation, conduct that is unlawful, or that may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Services.
5. Proprietary Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms grant you a limited, non-exclusive, non-transferable license to access and use the Services. These rights are subject to the terms of these Terms and do not include any right to: (a) sell, license, sublicense, rent, lease, distribute, host, or otherwise commercially exploit the Services; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; or (c) access the Services in order to build a similar or competitive website, product, or service.
6. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
7. Limitation of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU.
8. Limitation of Liabilities
You acknowledge and understand that the use of the Services and participation in sports betting involves a high degree of risk, including but not limited to the risk of smart contracts and the player acknowledges and understands that smart contracts are susceptible to errors, malfunctions, and security breaches, and that such events could result in the loss of the player’s funds. The Company shall not be responsible or liable for any errors, malfunctions, security breaches, or any other issues arising from the use of smart contracts.
9. Modifications to Terms and Conditions
The Company reserves the right, at its sole discretion, to modify these Terms at any time. If we make any material changes, we will notify you by posting a notice on our website or by sending an email to the email address you have provided to us. Your continued use of the Platform following the posting of any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the Platform.
10. Modifications to Platform and Services
DIVVY REAL ENTERTAINMENT LTDA. reserves the right, in its sole discretion, to modify or discontinue all or any part of the Platform or Services, with or without notice to you, and DIVVY REAL ENTERTAINMENT LTDA. will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform or Services.
You agree to indemnify, defend and hold harmless DIVVY REAL ENTERTAINMENT LTDA., its affiliates, licensors, and service providers, and each of their respective officers, directors, employees, agents, successors, assigns, content providers, and other personnel from and against any claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys’ fees) arising from or related to your use of the Platform or Services, your violation of these Terms, or your violation of the rights of any third party.
12. Dispute Resolution
Any disputes arising out of or in connection with these Terms or the use of the Services shall be finally resolved by arbitration in accordance with the Commercial Arbitration Rules of the International Chamber of Commerce. The arbitration shall be held in San Jose, Costa Rica and shall be conducted in the English language. The arbitrator’s decision shall be final and binding upon the parties. The parties agree to abide by all decisions and awards rendered in such proceedings. The parties further agree that, upon application of the prevailing party, any such awards may be entered as a judgment in any court of competent jurisdiction. The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to recover its reasonable expenses, including but not limited to attorney’s fees and costs.
13. Governing Law
These Terms and the use of the Services shall be governed by and construed in accordance with the laws of Costa Rica, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding arising out of these Terms or the use of the Services shall be brought exclusively in the courts located in San Jose, Costa Rica, and you hereby submit to the personal jurisdiction and venue of such courts. The parties hereby waive any objection based on inconvenient forum in any such legal action or proceeding.
These Terms constitute the entire agreement between you and the Company with respect to the use of the Services. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from these Terms and the remaining provisions shall be enforced. The failure of the Company to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event of any conflict between these Terms and any contract you enter into with the Company, the terms of such contract shall control. These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not make any representation on our behalf.
15. Restricted Countries
Please be advised that access to the Services and usage of the Platform may be restricted in certain countries. DIVVY REAL ENTERTAINMENT LTDA. has conducted a risk-based assessment and determined not to offer or market our intended services in the following countries:
United States, China, Afghanistan, Belarus, Burundi, Central African Republic, Côte d’Ivoire (Ivory Coast), Cuba, Democratic Republic of the Congo, Guinea, Guinea-Bissau, Iran, Iraq, Korea, D.P.R. (North Korea), Libya, Mali, Burma, Pakistan, Russia, Sudan, Somalia, South Sudan, Syria, Tunisia, Venezuela, Yemen, Zimbabwe, United Kingdom and Costa Rica.
This list is subject to frequent updates and is based on (1) Lists and Recommendations by the Financial Action Task Force (2) the OFAC Sanctions List, and (3) our own analysis in light of applicable laws, regulations, and currently existing risks. Please note that this list is distinct from countries that DIVVY REAL ENTERTAINMENT LTDA. has, purely for business reasons, including those due to licensing requirements or restrictions, determined not to market to or do business in.
Contact Information If you have any questions regarding these Terms, please contact DIVVY REAL ENTERTAINMENT LTDA. at firstname.lastname@example.org.