Effective Date: March 2, 2022
Updated: August 16, 2023
The Triumph Labs, Inc. website (“Website”), mobile application(s) (“App(s)”), and all services provided through the Website and App(s), including as related to Games and Tournaments (collectively, the “Services”) form the Triumph platform (“Platform”), which is made available by Triumph Labs, Inc. . Certain features of the Platform may be subject to additional guidelines, terms, or rules (collectively, “Additional Terms”), which will be posted on the Website or otherwise through the Platform in connection with such features. References to “you” and “your” refer to you, a user of the Platform.
THESE TERMS OF USE AND ALL APPLICABLE ADDITIONAL TERMS FORM THE FULL LEGALLY BINDING AGREEMENT BETWEEN TRIUMPH AND YOU REGARDING YOUR ACCESS TO AND USE OF THE PLATFORM (COLLECTIVELY, “AGREEMENT”). BY ACCESSING OR USING THE PLATFORM, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE PLATFORM OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE PLATFORM.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TRIUMPH ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
In the course of using the Platform, you may submit User Data (as defined below), including personal information, to Triumph. Triumph’s Privacy Policy details how we treat your User Data. We agree to abide by the Triumph Privacy Policy and you agree that Triumph may use and share your User Data in accordance with the Triumph Privacy Policy and applicable data privacy and protection laws.
2.1 Account Eligibility and Creation. In order to use the Platform, you must register for an account with Triumph (“Triumph Account”) and provide certain information about yourself as prompted by the registration form. A user may only have and maintain one (1) Triumph Account. ANY ATTEMPT TO CREATE MORE THAN ONE ACCOUNT IS A BASIS FOR IMMEDIATE TERMINATION OF ALL ACCOUNTS AND THE FORFEITURE OF ALL BALANCES ASSOCIATED WITH SUCH ACCOUNTS. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information at all times; and (iii) you meet the following account eligibility criteria:
(a) you are at least eighteen (18) years old;
(b) in order to participate in a real-money Tournament, you are physically located in a location that is explicitly identified as an Eligible Location (defined below);
(c) you have not been banned by Triumph for any reason; and
(d) you have a personal United States telephone number.
Triumph reserves the right to verify the eligibility of any user at any time, during or after account creation, including by asking the user to provide identification or verify the user’s age and/or physical location. If you do not provide accurate eligibility information, or if Triumph cannot reasonably verify your eligibility information as accurate, Triumph may suspend or terminate your Triumph Account and you agree that you forfeit any balance associated with your Triumph Account, if any. Triumph may suspend or terminate your Triumph Account as provided in this Agreement, regardless of whether you meet the eligibility criteria provided herein.
“Eligible Location(s)” means a location from which access to and/or use of the Platform for the purpose of participating in real-money Tournaments is permitted. You may access and use the Platform from other locations, but you must be in an Eligible Location to participate in real-money Tournaments. Use of and/or access to the Platform to participate in a real-money Tournament from any location that is not an Eligible Location is strictly prohibited. The following States within the United States are Eligible Locations: Alabama, Alaska, California, the District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Jersey, New York North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming. The Eligible Locations may be subject to change at any time at Triumph’s sole discretion. In the event a location from which you are participating in a real-money Tournament is no longer an Eligible Location, the Tournament will end and all buy-ins will be returned.