Last Updated: August 14, 2015

This End User License Agreement (this “EULA”) is a legal agreement between you and Newfield Sports LLC (“Newfield,” “we,” “us,” and “our”), governing your use of this mobile application, including any and all related documentation and updates that replace or supplement the mobile application in any respect and which are not distributed with a separate license (collectively, the “Licensed Application”). For purposes of this EULA, “you” and “your” refer to any user of the Licensed Application.

This EULA is part of our Terms of Use, which is hereby incorporated by reference.

PLEASE READ THIS CAREFULLY BEFORE CLICKING “AGREE”. BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA our Terms of Use, and our Privacy Policy; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER (OR HAVE REACHED THE AGE OF MAJORITY IF THAT IS NOT 18 YEARS OF AGE WHERE YOU LIVE) OR THAT YOU HAVE REVIEWED THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN AND HE OR SHE ASSENTS TO THE TERMS OF THIS EULA ON YOUR BEHALF AND TAKES FULL RESPONSIBILITY FOR YOUR COMPLIANCE WITH THEM; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE LICENSED APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

This EULA may be updated from time to time. Your continued use of the Licensed Application after a revised version of this EULA has been posted at www.skillcoin.com or otherwise communicated to you constitutes your acceptance of this EULA, as revised.

— You agree to and comply with all of the terms in this EULA and any additional terms as may be applicable to the Licensed Application, which acceptance is evidenced by your clicking the “agree” button and access to and use of the Licensed Application;

— If the Licensed Application is provided through a third-party platform, you accept all applicable terms and conditions for such platform, which acceptance is evidenced by your access to and use of the Licensed Application;

— You access and use the Licensed Application only on local devices running validly-licensed copies of operating systems on which the Licensed Application is designed to operate and which meet the minimum requirements set by us (collectively, the “Hardware”);

— You do not use any hacks, cracks, bots, or third-party games that may modify, temporarily or permanently, the code or the user experience of the Licensed Application, whether on your local machine or on servers that enable use of any features of the Licensed Application; and

— You agree not to reveal or disclose any non-public information about the Licensed Application, including, but not limited to, images, gameplay, bugs, or any other information that has not been previously released by us, which agreement is evidenced by your access to and use of the Licensed Application.

License
Subject to the terms of this EULA, Newfield grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use one copy of the Licensed Application solely for your personal and non-commercial use. To access and use the Licensed Application, you must have legally obtained the Licensed Application from us and all Hardware and/or third-party products and services required to operate the Licensed Application that we do not provide. You are responsible for paying all fees, taxes, and other costs you may incur to access and use the Licensed Application, including, but not limited to, costs for any Hardware, Internet service, or other third-party products and services required to access the Licensed Application. Neither this EULA nor your access to or use of the Licensed Application entitles you to any future releases of the Licensed Application or any updates, expansions, sequels, or similar or ancillary products. You have no interest, monetary or otherwise, in any feature or content contained in or related to the Licensed Application.

The Licensed Application is licensed, not sold, to you for use only under the terms of this EULA, unless accompanied by a separate license agreement issued by Newfield, in which case the terms of that separate license agreement will govern. As between Newfield and you, Newfield reserves all rights not expressly granted to you in this EULA. The license granted herein confers no title or ownership in the Licensed Application and should not be construed as a sale of any rights to the Licensed Application. All right, title, and interest in and to the Licensed Application and any and all copies thereof (including, without limitation, any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by Newfield or its licensors. Such licensors are third-party beneficiaries of this EULA with the right to enforce their rights against you if you violate this EULA.

Newfield may from time to time in its sole discretion develop and provide updates to the Licensed Application, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Newfield has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either: (a) the Licensed Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Licensed Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Licensed Application and be subject to all terms and conditions of this EULA.

Use Restrictions
You are only allowed to access and use the Licensed Application on Hardware that you own or control. You may not distribute the Licensed Application or make it available over a network where it could be used by multiple devices at the same time. You may not transfer in any form (including rent, lease, lend, sell, redistribute, or sublicense) the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application.

Online Conduct
You agree that you will be personally responsible for your access to and use of the Licensed Application and for all of your communication and activity in connection with the Licensed Application, including any User Content (as defined in our Terms of Use). Without limiting any other terms of this EULA, you agree not to:

— Harass, threaten, embarrass, or do anything else to another user of the Licensed Application that is unwanted, as determined by Newfield in its sole discretion.

— Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or objectionable, as determined by Newfield in its sole discretion.

— Violate any terms or policies communicated by Newfield from time to time.

— Promote or encourage any illegal activity, including hacking.

— Disclose other users’ personal information to third parties.

— Impersonate any person or entity, including any Newfield employees or representatives, or falsely state or otherwise misrepresent your affiliation with a person or entity.

— Impede or disrupt the Licensed Application or disturb or attempt to disturb other users use and enjoyment of the Licensed Application.

— Cheat or utilize unauthorized exploits in connection with the Licensed Application. Use or exploit any bugs, errors, or design flaws to obtain unauthorized access to or use of the Licensed Application or to gain an unfair advantage over other players of the Licensed Application.

— Violate any rules for use of third-party technology, services, or content.

— Violate any applicable law, including, but not limited to, by posting, transmitting, promoting, or distributing content that violates any applicable law.

Data Collection
By accessing or using the Licensed Application, you acknowledge and accept that Newfield may collect and use technical data and related information, including, but not limited to, technical information about your Hardware, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Licensed Application. Our collection, use, storage, and disclosure of information in connection with the Licensed Application are governed by our Privacy Policy.

Term and Termination
This EULA is effective until terminated. You may terminate this EULA at any time by deleting and destroying any and all copies of the Licensed Application in your possession or under your control. Except as otherwise prohibited by applicable law, Newfield may limit, suspend, or terminate the license granted hereunder, this EULA, and your access to and use of the Licensed Application at any time and for any reason without notice or liability to you. Upon termination of this EULA, you must immediately cease all use of the Licensed Application and destroy all copies, or portions thereof, of the Licensed Application in your possession or under your control. Termination of this EULA will not affect any of our rights or your obligations arising under this EULA prior to such termination. Provisions of this EULA that, by their nature, should survive termination of this EULA will survive such termination.

Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LICENSED APPLICATION SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR MERCHANTABILITY, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, OR BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES; (B) THE LICENSED APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LICENSED APPLICATION WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE LICENSED APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, OR OUR OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR COSTS INCURRED AS A RESULT OF PERSONAL INJURY, PROPERTY DAMAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF TIME, SAVINGS, PROPERTY, PROFITS, BUSINESS, CONTRACTS, REVENUE, ANTICIPATED SAVINGS, DATA, OR GOODWILL, RELATED TO OR RESULTING FROM THESE TERMS OR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, EVEN IF WE HAVE BEEN WARNED OR ADVISED OF THE POTENTIAL OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY YOU TO US IN CONNECTION WITH THE LICENSED APPLICATION DURING THE SIX-MONTH PERIOD PRIOR TO WHEN THE CLAIM WAS BROUGHT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify, defend and hold harmless Newfield and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Licensed Application or your breach of this EULA. Furthermore, you agree that Newfield assumes no responsibility for the content you submit or make available through the Licensed Application.

Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA OR THE LICENSED APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Third Party Materials
The Licensed Application may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that Newfield is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Newfield does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.

Miscellaneous
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law. Without limiting the foregoing, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical, or biological weapons. This EULA shall governed by the laws of the State of New York, without giving effect to any principle that provide for the application of the law of another jurisdiction and shall be subject to the binding arbitration and class action waiver provisions of our Terms of Use. If any provision of this EULA is held to be invalid or unenforceable, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA will continue in full force and effect.. Newfield’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. You may not assign or transfer this EULA or your rights hereunder, and any attempt to the contrary is void. This EULA sets forth the entire understanding and agreement between Newfield and you with respect to the subject matter hereof.

Contact Us
If you have any questions regarding this EULA or the Licensed Application, please contact us at info@skillcoin.com.

Last Updated: August 14, 2015

Newfield Sports LLC (“Newfield,” “we,” “us,” and “our”) brings skill-based mobile application contests and games to the real world. These Terms of Use (these “Terms”) govern your access and use of: (1) our website located at www.skillcoin.com and all of our other websites to which these Terms are posted (collectively, the “Website”); (2) our mobile applications, contests, and games (collectively, the “Applications”); and (3) any services, content, and features made available by us through the Website or the Applications (together with the Website and the Applications, the “Services”). In these Terms, “you” and “your” refer to any user of the Services. Your access and use of the Services are subject to these Terms, and our End User License Agreement (“EULA”) and our Privacy Policy.

THESE TERMS INCLUDE, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. PLEASE READ THESE TERMS CAREFULLY BEFORE CLICKING “AGREE”. BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, OUR EULA AND OUR PRIVACY POLICY; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER (OR HAVE REACHED THE AGE OF MAJORITY IF THAT IS NOT 18 YEARS OF AGE WHERE YOU LIVE) OR THAT YOU HAVE REVIEWED THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN AND HE OR SHE ASSENTS TO THE TERMS OF THIS EULA ON YOUR BEHALF AND TAKES FULL RESPONSIBILITY FOR YOUR COMPLIANCE WITH THEM; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE APPLICATIONS AND DELETE THEM FROM YOUR MOBILE DEVICE.

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is different than 18 years of age, to use the Applications. If you are between the ages of 13 and the applicable legal age in your jurisdiction, you can use the Licensed Application only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms. If you are under the age of 13, you may not use the Applications. If you are the parent or legal guardian of a child between the ages of 13 and the applicable legal age, you may use the Applications on behalf of such minor child. By using the Applications on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms, to “you” and “your” shall refer to such child or such other individual for whom you have authorization to enter into these Terms on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Applications.

Your Acceptance of these Terms
These Terms are a legally binding agreement between you and Newfield. By accessing or using the Services and clicking the “agree” button, you represent that you have read and understand these Terms and you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. We may revise these Terms from time to time in our sole discretion, subject to applicable law. When we revise these Terms, we will post a revised version on the Website and provide you notice. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for your continued use of the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access and use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to the version of these Terms in effect at the time of your access or use.

Additional Terms
In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions, including, but not limited to, our EULA, our Privacy Policy, and our Consent, Release, Waiver and Indemnification (collectively, the “Additional Guidelines”), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Guidelines and these Terms, these Terms will control.

Requirements for Accessing or Using the Services
The Services include features that require physical activity, exercise and fitness. By using the Services, you agree, represent, and warrant that (i) you have received consent from your physician and are in proper physical condition to participate in the physical activity, exercise and fitness required by the Services, and (ii) you have adequate health insurance, and will be responsible for any medical expenses (including any cost of transportation by emergency vehicle), and that under no circumstances shall Newfield be responsible for payment of medical expenses, regardless of the availability of health insurance or coverage.

Ownership and Proprietary Rights in the Services
The Services are owned and operated by Newfield, including, but not limited to, all content associated therewith, including, but not limited to, text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, patents, copyrights, trademarks, trade dress, service marks, and other intellectual property. You acknowledge and agree that the Services are protected by applicable copyright, trademark, and other intellectual property laws. All words and logos displayed in connection with the Services that are marked by the ™ or ® symbols are trademarks and service marks of Newfield and/or their respective owners. You must not use such marks without the prior written permission of Newfield. All other names, logos, product and service names, designs and slogans displayed in connection with the Services are the trademarks of their respective owners. Except as expressly set forth in these Terms, we do not grant you any licenses, express or implied, to our intellectual property. We retain all right, title, and interest in and to the Services, including any updates, upgrades, and modifications thereto, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights.

Subject to these Terms, we hereby grant you a limited, revocable, personal, non-exclusive, and non-transferable right and license solely to access and use the Services solely for your personal, non-commercial, entertainment purposes. Except as expressly provided by these Terms or with our prior written consent, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the Services in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access or copy the Services or Content; (b) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (c) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (d) rent, lease, copy, provide access to or sublicense any portion of the Services to a third party; (e) use any portion of the Services to provide, or incorporate any portion of the Services into, any product or service provided to a third party; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Services; (g) modify the Services or create any derivative product from the Services; (h) remove or obscure any proprietary or other notices contained in the Services; or (i) use the Services for any illegal purpose. We may, but are not obligated to, monitor your use of the Services.

Your Account
In order to access or use some of the Services, you may be required to create a Newfield account (“Account”) and provide certain information, such as your email address, and select a username and password (“User Information”). We may permit you to log-in/access or services through third party services. You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree to promptly update your User Information if it changes. Our Privacy Policy, which is incorporated herein by reference in its entirety, governs our collection, use, storage, and disclosure of User Information. You are solely responsible for ensuring the confidentiality of your Account login information and maintaining the security of such information. You agree not to authorize any other person to use your Account for any purpose. Except as otherwise provided by applicable law, you are solely responsible for all transactions and other activities authorized or performed using your Account, whether authorized by you or not. You must notify us immediately if you believe any of your Account credentials, such as your password, have been obtained or used by any unauthorized person or you become aware of any other breach or attempted breach of the security of the Services or your Account.

User Content
You may be able to post, publish, display, and submit materials, suggestions, ideas, data, and other content through the Services (“User Content”). Any User Content will be treated as non-confidential and non-proprietary, except as otherwise provided in our Privacy Policy. By sharing User Content, you represent and warrant that: (a) you are solely responsible for the transmission, accuracy, completeness, and publication of that User Content; (b) you have the right, power, and authority to share that User Content and grant the rights and licenses to that User Content provided herein; and (c) the User Content does not and will not infringe or violate the rights of any third party. You may not share User Content that is offensive; objectionable; promotes racism, discrimination, bigotry, hatred, or physical harm of any kind; harasses or advocates harassment of another person; exploits people in any manner; or contains nudity, violence, or pornographic subject matter.

You hereby grant us a royalty-free, worldwide, perpetual, non-exclusive, unrestricted, irrevocable, transferable, and sub-licensable right and license to modify, copy, reproduce, distribute, sell, publicly display, transmit, delete, make derivative works from, store, and otherwise exploit the User Content and to allow others to do the same for any purpose, including, but not limited to, commercial purposes. You acknowledge and agree that you will not receive any compensation whatsoever for granting us this license to your User Content, and you hereby completely and irrevocably waive any moral or similar rights you may have in your User Content, even if such User Content is altered or changed in a manner not agreeable to you. This includes, but is not limited to, any claims based on invasion of privacy, idea misappropriation, other civil rights violations, or defamation. The license granted under this Section, including the related waiver of any applicable moral rights, will survive any termination of these Terms. Without undertaking any obligation to screen or monitor User Content, we have the right (but not the obligation) to edit, modify, refuse to post, or remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. You acknowledge and agree that we may, but are not obligated to, preserve User Content and may also disclose User Content to the extent permitted by applicable law and as provided in our Privacy Policy.

You acknowledge and agree that your communications with other users via any channel of communication via the Services may be public and that you have no expectation of privacy concerning your access and use of the Services. You are solely responsible for your communications through the Services and your interactions with other users of the Services. We reserve the right, but not the obligation, to become involved in any disputes between users in connection with the Services.

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 Services. YOU WAIVE AND HOLD HARMLESS NEWFIELD AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted through the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Restrictions on Use
Without limiting any of the other terms of these Terms, you may not:

— Use any part of the Services for any commercial purpose (including without limitation to transmit, or procure the sending of, any advertising or promotional material);

— Use the Services for any illegal purpose (including, without limitation, in any way that violates any laws regarding the export of data or software to and from the United States or other countries);

— Attempt to gain unauthorized access to any other user’s profile or systems or networks associated with the Services;

— Modify or attempt to modify or in any way tamper with the Services;

— Use a hacked mobile device for our Applications, Games or Services;

— Use the Services in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights;

— Interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks;

— Use any part of the Services 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;

— Impersonate or attempt to impersonate Newfield, a Newfield employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or

— To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Newfield or users of the Services or expose them to liability.

Payment Terms and Refunds
Except as otherwise prohibited by applicable law, you must pay any fees incurred under your Account for use of the Services using a payment method approved by us. All purchases through the Services are final and non-refundable, unless otherwise required by applicable law or expressly disclosed at the time of purchase. You hereby acknowledge and agree that you shall solely be responsible for and bear all telecommunication expenses, including telephone, Internet connection, and electricity charges, arising out of your access and use of the Services.

Wireless Carrier Considerations
To use or access the Applications, Games, or other aspects of the Services, you must have a mobile device that is compatible with the Services. We do not warrant that your mobile device will be compatible with the Services. Third-party messaging and data fees may apply to your use of the Services.

By providing your mobile device number to us, you expressly agree that we may communicate with you regarding and in conjunction with your use of the Services by SMS, MMS, text message, push notifications, or other electronic means directed to your device.

Third-Party Links and Venues
The Services may contain links to third-party websites or services that are not owned or operated by us or our third-party service providers or licensors. We provide such links for your reference only. We do not control such third-party websites or services and are not responsible for their availability or content. Our inclusion of such links does not imply our endorsement of such third-party websites or services or any association with their owners or operators. We assume no liability whatsoever for any such third-party websites or services or any content, features, products, or practices of such third-party websites or services. Your access and use of such third-party websites and services are subject to applicable third-party terms and conditions and privacy policies.

In order to use the Services, you will be required to access or use third-party venues and locations, including third-party equipment and facilities (collectively, “Area of Play”). The Services may provide information about the use and access of the Area of Play, but the Area of Play is not owned or operated by us or our third-party service providers or licensors. We provide this information about the Area of Play to you for your reference only, and for your use of our Services. We do not control the Area of Play and are not responsible for the services provided within the Area of Play. We assume no liability whatsoever for the Area of Play or any of the conduct of, activity within, or services provided by third parties within the Area of Play. Your access and use of the Area of Play are subject to the respective terms and conditions and privacy policies of those third parties.

We encourage you to read the terms and conditions and privacy policy of each third-party website, service, venue or location that you visit, access or utilize.

Termination
We reserve the right to suspend, limit, or terminate your access and use of the Services at any time for any reason, without notice or liability to you, including, but not limited to, if we suspect that your use of the Services may be unlawful or violate these Terms or applicable law. You may terminate your Account and stop using the Services at any time by notifying us and providing sufficient information for us to verify your identity. Termination of your Account will not affect any of our rights or your obligations arising under these Terms prior to such termination. Provisions of these Terms that, by their nature, should survive termination of your Account will survive such termination.

Indemnification
You agree to indemnify, hold harmless, and (at our request) defend us, our affiliates, and our and their respective employees, officers, directors, and agents from and against all claims, demand, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses, including reasonable attorneys’ fees, that arise from a third party’s claim due to or arising out of: (a) the User Content you share through the Services; (b) your use of the Services; (c) your breach or alleged breach of these Terms; (d) your violation of applicable law, including, but not limited to, infringement of third-party intellectual property rights; or (e) your other actions or omissions that result in liability to us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims.

DISCLAIMERS
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR MERCHANTABILITY, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, OR OUR OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR COSTS INCURRED AS A RESULT OF PERSONAL INJURY, PROPERTY DAMAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF TIME, SAVINGS, PROPERTY, PROFITS, BUSINESS, CONTRACTS, REVENUE, ANTICIPATED SAVINGS, DATA, OR GOODWILL, RELATED TO OR RESULTING FROM THESE TERMS OR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN WARNED OR ADVISED OF THE POTENTIAL OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY YOU TO US IN CONNECTION WITH THE SERVICES DURING THE SIX-MONTH PERIOD PRIOR TO WHEN THE CLAIM WAS BROUGHT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

YOU EXPRESSLY AGREE THAT THE APPLICATIONS AND SERVICES MAY INVOLVE PHYSICAL ACTIVITIES, WHICH CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF NEWFIELD OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT NEWFIELD DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST OR EVENT ASSOCIATED WITH THE SERVICES.

YOU EXPRESSLY AGREE TO RELEASE NEWFIELD, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR PHYSICAL ACTIVITIES, AND AGREE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR PHYSICAL ACTIVITIES.

In addition to and without limiting the foregoing, under no circumstances will we, our affiliates, or our or their employees, officers, directors, or agents be liable for any delay or failure in performance resulting, directly or indirectly, from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment or security failures, telecommunication equipment failures, other equipment failures, hacking, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

You acknowledge and agree that we offer the Services in reliance upon the releases and limitations of liability set forth herein. You acknowledge and agree that these releases and limitations of liability reflect a reasonable and fair allocation of risk between you and us and function as the essential basis of the bargain between you and us. You understand and agree that we would not be able to provide the Services to you without these releases and limitations of liability.

Notices
We will send all notices and other communications regarding the Services to you at the email address you provided during your Account registration, as may be updated by you from time to time. You may change your email address by revising your Account profile on the Website. You will be considered to have received a notice from us regarding the Services when we send it to the email address we have in our records for you or when we post such notice on the Website.

All notices to us that are intended to have a legal effect must be in writing and delivered either (a) in person at the following address Newfield Sports LLC, c/o Whitman Breed Abbott & Morgan LLC, 500 W. Putnam Avenue, Greenwich, Connecticut 06830 (b) by a means evidenced by a delivery receipt, to the following address: Newfield Sports LLC, c/o Whitman Breed Abbott & Morgan LLC, 500 W. Putnam Avenue, Greenwich, Connecticut 06830 or (c) via email to info@skillcoin.com. All such notices are deemed effective upon documented receipt by us.

Governing Law
These Terms are governed by the laws of the State of New York, without giving effect to any principle that provide for the application of the law of another jurisdiction.

DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER
PLEASE READ THIS PROVISION CAREFULLY BECAUSE IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES BETWEEN YOU AND US THROUGH BINDING ARBITRATION INSTEAD OF THROUGH A JUDGE OR JURY TRIAL AND CLASS OR REPRESENTATIVE ACTION. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF OUR RELATIONSHIP AND THESE TERMS.

Scope of Arbitration Provision 
This provision is intended to be interpreted broadly to encompass any and all controversies, disputes, demands, claims, or causes of action between you and us relating to these Terms (as well as any related or prior agreement that you may have had with us), including, without limitation, the interpretation and scope of this provision and the arbitrability of the controversy, dispute, demand, claim, or cause of action or your use of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) (each, a “Claim”). You and we agree to resolve any Claim exclusively through binding and confidential arbitration, as set forth in this provision. As used in this provision, “we” and “us” mean the Company, its predecessors, successors, and assigns, and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” include any third party providing any product, service, or benefit to you or us in connection with these Terms (as well as any related or prior agreement that you may have had with us or them) or the Services if such third party is named as a co-party with us in any Claim.

Equitable Relief Exclusions
To the extent permitted by applicable law, you are giving up your right to go to court to assert or defend your rights. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.

Governing Rules and Procedures
You and we agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. You and we further agree that the arbitration will not be subject to any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”). Unless otherwise agreed upon by the parties in writing, the arbitration will be governed by AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). The Rules and Procedures and information about arbitration and fees are available upon request from AAA by phone at 1-800-778-7879 or online at www.adr.org.

Informational Dispute Resolution/Demand for Arbitration Required
The party wishing to initiate arbitration must submit a written demand for arbitration (“Demand”) to the other party. If you want initiate a Claim, you must first submit a Demand by certified mail to Newfield Sports LLC, c/o Whitman Breed Abbott & Morgan LLC, 500 W. Putnam Avenue, Greenwich, Connecticut 06830. If we want to initiate a Claim, we will serve a Demand upon you by sending a copy by certified mail to your last known address as is available in the public record. You and we agree to service of process in this manner. Any Demand by either party must identify the parties to the Claim, describe the legal and factual basis of the Claim, and specifically state the remedy being sought. The Demand must be sent within the time limits that would apply to a party’s Claim if it were being resolved in a court and not by arbitration. The sent date will be determined by the date of postmark on the envelope in which the Demand is mailed. If the Claim is resolved within 60 days, the Demand will not be forwarded to AAA for initiation of an arbitration.

Arbitration Procedures
If a Demand for arbitration is made and the Claim is not resolved within 60 days, the Demand may be forwarded to AAA by the party that prepared the Demand. In addition to other agreements in this arbitration provision, you and we agree that: (i) any Claims brought by you or us must be brought in the party’s individual capacity, and not as a representative plaintiff or class member in any purported class or representative proceeding -- YOU ARE WAIVING ANY RIGHT TO BRING A CLAIM AS PART OF A CLASS ACTION OR REPRESENTATIVE ACTION; (ii) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief;; (iii) the arbitrator will honor claims of privilege and privacy recognized at law; (iv) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; (v) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses or Newfield is deemed to be the prevailing party by the arbitrator, and in such instances, the arbitrator shall award such attorneys’ fees and expenses to the prevailing party ; (vi) the arbitrator may not award relief in excess of or contrary to the law governing the Claims, including, but not limited to, punitive damages; (vii) the arbitrator must apply the Federal Rules of Evidence; (viii) the losing party may have the award reviewed in accordance with the review procedures set forth in the Rules and Procedures; and (ix) judgment on any arbitration award may be entered in any court having proper jurisdiction.

Location of Arbitration
Unless you and we agree otherwise, any arbitration will take place in the southern judicial district of the State of New York.

Selection of the Arbitrator
You and we agree that the arbitrator will be selected by mutual agreement. Unless the parties agree otherwise, the arbitrator will be from AAA and have substantial experience in resolving consumer-related disputes. If the parties have not agreed upon an arbitrator within 30 days of the filing of a Demand with AAA, you and we agree that AAA will be authorized to appoint an arbitrator who will act under these Terms with the same force and effect as if the parties had selected the arbitrator by mutual agreement.

Costs of Arbitration
All administrative fees and expenses of arbitration will be determined by AAA or the arbitrator in accordance with the Rules and Procedures.

Confidential Arbitration and Award
Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.

Arbitration Provision Survives Termination of Our Relationship
This arbitration provision will survive termination of our relationship and these Terms as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us.

Arbitration Provision is Severable
If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein.

LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Miscellaneous
These Terms, including the Additional Terms, and our Privacy Policy constitute the entire agreement between you and us regarding the Services and supersede and replace any prior agreements and communications between you and us, except as expressly set forth herein. These Terms may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not expressly made a part of these Terms. These Terms and any rights hereunder may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction and without your prior consent. Any attempted transfer or assignment by you without our prior written consent will be null and void. No agency, joint venture, partnership, trust, or employment relationship is created between you and us by way of these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity of these Terms as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by us to enforce at any time any of the provisions of these Terms, to exercise any election or option provided herein, to require at any time your performance of any of the provisions herein, or to enforce our rights under these Terms or applicable law will not in any way be construed as a waiver of such provisions or rights. The section headings used herein are for convenience only and will not be given any legal import.

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 limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Contact Us
If you have any questions regarding these Terms or the Services, please contact us at info@skillcoin.com.

Newfield Sports LLC (“Newfield,” “we,” “us,” and “our”) is committed to treating your personal information with respect and sensitivity. This privacy policy (this “Privacy Policy”) explains how we may collect, store, use, and disclose information when you access or use (1) our website located at www.skillcoin.com and all of our other websites to which this Privacy Policy is posted (collectively, the “Website”); (2) our mobile applications and games (collectively, the “Applications”); and (3) any services, content, and features made available by us through the Website or the Applications, however accessed (together with the Website and the Applications, the “Services”). This Privacy Policy does not apply where we collect data from other sources.

Your Acceptance of this Privacy Policy
This Privacy Policy is part of our Terms of Use. By accessing or using the Services, you consent to our collection, storage, use, and disclosure of your information as described in this Privacy Policy. The provisions contained in this Privacy Policy supersede all previous notices and statements regarding our privacy practices with respect to the Services. If you do not agree to every provision of this Privacy Policy, you may not access or use the Services.

We may revise this Privacy Policy from time to time in our sole discretion, subject to applicable law. When we revise this Privacy Policy, we will post a revised version on the Website. Updates to this Privacy Policy shall be effective immediately upon being posted to Website. You are free to decide whether or not to accept a revised version of this Privacy Policy, but accepting this Privacy Policy, as revised, is required for your continued use of the Services. If you do not agree to this Privacy Policy or any revised version of this Privacy Policy, your sole recourse is to terminate your access and use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to the version of this Privacy Policy in effect at the time of your access or use of the Services. You acknowledge that the information provided by you to us was/is provided of your own free will for commercial purposes.

Types of Information We Collect
When you use the Services, we may collect information that identifies you (“Personal Information”), and we may also collect information that does not identify you (“Anonymous Information”). When Anonymous Information is, directly or indirectly, associated or combined with Personal Information, such Anonymous Information will be considered Personal Information for purposes of this Privacy Policy. In addition, to the extent Internet Protocol (“IP”) addresses or similar identifiers or information are considered personally-identifiable information by applicable law, we will treat such identifiers and information as Personal Information under this Privacy Policy.

Information You Provide to Us
In general, you may visit the Website without telling us who you are or sharing any Personal Information with us. When you register for an account for the Services (an “Account”), use other aspects of the Services, or communicate with us for customer service or technical support for the Services, we may ask you to provide certain Personal Information, including without limitation: your name, email address, postal address, date of birth, gender, and payment account information. You may decline to provide Personal Information to us, but, if you do so, certain features of the Services may not be available to you or the performance of certain features of the Services may be limited or not work at all. You may also voluntarily provide Personal Information to us, including without limitation: your social media identifier, gym membership, work and education history, and family and relationship status, which may or may not be associated with your Account.

Location Information
When you access or use the Services from your mobile device, we may collect information about your location while you are using the Services and in the background while you are not using the Services. You may opt-out of the collection of location data at any time by changing your settings on your mobile device. However, if you do so, certain features of the Services may not be available to you or the performance of certain features of the Services may be limited or not work at all. To participate in contests, you may need to consent to us collecting information about your location while you are using the Services.

Information Collected From Devices
In addition to location information, when you access the Services using a computer or mobile device, including, without limitation, a desktop computer, laptop, mobile phone, tablet, or other consumer electronic device (each, a “Device”), we may collect information from your Device, including without limitation your Device type and manufacturer, your mobile carrier, your Device identifiers, your mobile phone number, your IP address, your browser type, your network connection type, information about the webpage that referred you to the Website or that you visited prior to the Website, and your behavior and activity on the Website.

Information Collected by Cookies and Similar Technologies
When you access or use the Services, we may place small data files on your Device that assign random, unique numbers to your Device to enable us to recognize your Device when you use the Services. These data files may be cookies, pixel tags, other local shared objects, or similar technologies provided by your browser or associated applications (collectively, “Cookies”). We use Cookies to: recognize your Device, manage and store your settings and preferences for the Services, improve the Services, offer targeted products and services to you, and collect and analyze information about your use of the Services.

The Cookies we use in connection with the Services may include the following:

— Session Cookies
Session Cookies are temporary Cookies that expire and are automatically erased when you close your browser window. We may use session Cookies to grant you access to content and to enable actions that require you to be logged into your Account to perform.

— Persistent Cookies
Persistent Cookies are Cookies that usually have an expiration date in the distant future and remain in your browser until they expire or you manually delete them. We may use persistent Cookies to better understand usage patterns so we can improve the Services. For example, we may use a persistent Cookie to associate you with your Account or to remember your choices for the Services.

— Third-Party Cookies
We may permit certain third parties to place Cookies through the Services to provide us with better insights into the use of the Services and user demographics and to provide relevant advertising to you. These third parties may use Cookies to collect information about your online activities over time and across different websites when you use the Services. For example, we may utilize Google Analytics to analyze usage patterns for the Services. Google Analytics generates a Cookie to capture information about your use of the Services that Google uses to compile reports on website activity for us and to provide other related services. Google may use a portion of your IP address to identify its Cookie, but this will not be associated with any other data held by Google. We may also allow third parties to display advertisements through the Services. These third-party advertisers may use Cookies to collect Anonymous Information. In some cases, we may have access to information from Cookies used by third-party advertisers through the Services, and this information may permit us to identify other websites or services that you have visited that are also associated with such third-party advertisers. The use of Cookies by third-party advertisers is subject to the respective third-party advertisers’ privacy policies.

By accessing or using the Services, you consent to the placement of Cookies on your Devices as described in this Privacy Policy. If you prefer not to receive Cookies through the Services, you may control how your browser responds to cookies by adjusting the privacy and security settings of your web browser. Unless you set your browser settings to refuse all Cookies, our system may issue Cookies when you access or use the Services. If you set your browser settings to refuse all Cookies, the performance of certain features of the Services may be limited or not to work at all. In some of our email messages to you, we may use “click-through URLs” linked to content on the Website. We track click-through data to help us understand and analyze interest in topics and use of the Services.

We may also, directly or through third parties, collect certain usage information regarding the Services. This is done automatically through various technologies such as those referenced above, now existing or hereafter developed.

Do Not Track
Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third parties. We do not use technology that recognizes DNT signals from your web browser.

How We Use Information
We may use Anonymous Information as described elsewhere in this Privacy Policy and for research and commercial purposes, including without limitation to improve the Services. We may use Personal Information for the purposes described elsewhere in this Privacy Policy and internally for our general commercial purposes, including, among other things, to:

— provide the Services and notices related thereto
— analyze, improve, and customize the Services
— provide customer and technical support for the Services
— send you announcements, newsletters, promotional materials, and other information about the Services and third-party products and services that we think may be of interest to you detect, prevent, and investigate actual or suspected fraud, hacking, infringement, or other misconduct involving the Services
— collect fees and other amounts owed in connection with the Services
— we may use your Anonymous Information by itself or aggregate it with information we have obtained from others.

How We Share Information
We may share Anonymous Information with third parties as described elsewhere in this Privacy Policy and for our commercial purposes. We may provide our analysis and Anonymous Information to third parties (who may in turn use this information to provide advertisements tailored to your interests), but this will not involve disclosing any of your personally identifiable information except as provided elsewhere in this Privacy Policy. We may share Personal Information for the purposes described elsewhere in this Privacy Policy and as follows:

— if you request or authorize it
— to complete a transaction or provide a service requested by you
— to our third-party service providers solely to provide services on our behalf, such as payment processing, data analysis, e-mail delivery, hosting, order fulfillment, infrastructure, network storage, customer service, technical support, and promotional services
— to comply with applicable laws, rules, and regulations and governmental and quasi-governmental requests, court orders, and subpoenas
— to protect our rights, property, and safety or the rights, property, and safety of our users and others
— if the disclosure is done as part of a purchase, transfer, or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, your Personal Information may be one of the transferred assets) or in the event of bankruptcy.

Your Choices About Your Information
You may opt not to receive promotional emails from us by contacting us as indicated below or by following the “unsubscribe” instructions in any promotional email you receive from us. Please note, however, that we may still send you non-promotional emails about your relationship with us.

Information You Share Socially
The Services may allow you to connect and share your actions, comments, content, and information publicly or with other people or entities. We are not responsible for maintaining the confidentiality of any information you share publicly or with other people or entities. We are not responsible for the consequences of your decision to publicly post or share your personal information through the Services.

In addition, the Services may allow you to connect with us on, share on, and use third-party websites, applications, and services. Please be mindful of your personal privacy needs and the privacy needs of others, as you choose whom to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others. We also do not control the privacy practices of third parties and disclaim any responsibility for any information shared through third parties. Please contact those websites and services directly if you want to learn about their privacy practices.

From time to time the Services may offer various public forums such as chat rooms, message boards, bulletin boards or similar features where you and other users of the Services can communicate. The protections described in this Privacy Policy do not apply to any information you provide in connection with your use of these public forums, including personally identifiable information. Please be aware that any information you share in a public forum is public information and as such may be viewed and used by anyone, including third parties that do not adhere to this Privacy Policy.

How We Protect Your Information
We have, and require our third-party service providers to have, administrative, technical, and physical safeguards in place in our respective physical facilities and in our respective computer systems, databases, and communications networks that are reasonably designed to protect information contained within such systems from loss, misuse, and alteration. The measures we utilize may include: storing Personal Information on secured servers, transmitting Personal Information using secure socket layer (SSL) and Transport Layer Security (TLS) technologies, and auditing and reviewing our data collection practices.

No method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee absolute security of your Personal Information. You also play a role in protecting your Personal Information. Please safeguard your username and password for your Account and do not share them with others. If we receive instructions using your Account login information, we will consider that you have authorized the instructions. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security related to the Services. We reserve the right, in our sole discretion, to refuse to provide the Services, terminate your Account, and to remove or edit content.

Access to Your Personal Information
Subject to applicable law, which might, from time to time, oblige us to store your Personal Information for a certain period of time, we will respect your wishes to correct inaccurate information. Otherwise, we will retain Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, and as long as you have an Account, unless a longer retention period is required or permitted by applicable law. You may change your Account information at any time by updating your Account profile via the Website and/or the Services. You may ask us whether we are storing your Personal Information and you may ask to receive a copy of that Personal Information. Before sending you any of your Personal Information, we will ask you to provide proof of your identity. If we are not able to verify your identity to our satisfaction, we reserve the right to refuse to send you any Personal Information.

Protecting Children’s Privacy
The Services are not directed, or intended to be attractive, to children younger than 13 years old. We do not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, do not use the Services or submit any information that personally identifies you to us. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us, please contact us at info@skillcoin.com. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

Third-Party Links
When you use the Services, you may be directed to other websites that are beyond our control. We may also allow third-party websites or applications to link to the Services. We are not responsible for the privacy practices of any third parties or the content of linked websites, but we do encourage you to read the applicable privacy policies and terms and conditions of such parties or websites. This Privacy Policy only applies to the Services.

Your California Privacy Rights:
(a) Residents of the State of California have the right to request a list of all third parties to which we have disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. You must be a California resident to make this request. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing as provided in Section 12. Under California law you are limited to one request per calendar year.

(b) “Do Not Track” Signals. California Business & Professions Code Section 22575(b) entitles California residents to know how we respond to what are referred to as “Do Not Track” signals, which are also referenced in Section 2(e) above. Some web browsers incorporate a “Do Not Track” feature that when activated, signals to websites that you visit that you do not want to have your online activity tracked. How “Do Not Track” signals are communicated by a web browser depends on the browser being used. Given present technological limitations, and as noted above, we currently do not respond to “Do Not Track” signals. We will revisit this issue when the policy and technological communities determine a standard technological response and what form it should take.

Contact Us
If you have any questions regarding this Privacy Policy, please contact us at info@skillcoin.com.

THIS IS A LEGALLY BINDING DOCUMENT. DO NOT SIGN IT UNTIL YOU HAVE READ ITS CONTENTS AND UNDERSTAND THEM. IF YOU ARE IN DOUBT, CONSULT AN ATTORNEY PRIOR TO SIGNING THIS DOCUMENT.

Covenant Not to Sue; Release and Waiver
In consideration of Newfield Sports, LLC (“Newfield”) providing services to you as participant, you or if participant is a minor, you as participant’s parent or legal guardian (“you” and “your” herein refer to any participant or if participant is a minor, his or her parent or legal guardian signing on his or her behalf), covenants, promises, and agrees not to sue or bring any claim, demand or other action against Newfield and its affiliates, or any of their members, directors, officers, employees, attorneys, volunteers, sponsors, committees, representatives, independent contractors or agents (together with Newfield, collectively, the “Newfield Parties” or individually a “Newfield Party”), and discharges, releases, and waives each of them from all liability, in connection with all allegations, demands, or other claims for any (1) personal injury or illness (including death) and/or (2) damage to, or loss or theft of property (including, without limitation, personal items, car, and money), and/or (3) any other losses or damages (whether monetary or otherwise) that may be alleged or claimed against any Newfield Party arising, directly or indirectly, or to any extent whatsoever, from your presence or participation in contests, races, games or other services, wherever located, provided by or through Newfield, or otherwise associated with Newfield. You acknowledge and agree that the provisions hereof shall be binding upon your heirs, family, next of kin, personal representative, successors and assigns. In the event you breach this provision, you shall be liable to the Newfield Parties for all costs and expenses incurred defending such claims or proceedings, including attorney’s fees.

Indemnification
You also agree to indemnify and hold harmless each of the Newfield Parties from, and bear all responsibility for, any and all actual or threatened claims, detriments, rights, remediation, counterclaims, liens, controversies, obligations, agreements, suits, causes of action, actions, demands, liabilities, losses, damages, assessments, judgments, fines, penalties, threats, sums of money, accounts, costs and expenses, known or unknown, direct or indirect, at law or in equity or in settlement or in any other proceeding and whether or not suit was filed thereon, arising from, relating to or resulting from your conduct or actions (collectively, the “Third Party Claims”, individually a “Third Party Claim”). You agree to reimburse, upon demand, the Newfield Parties for any and all expenses incurred or other damages caused for or by Third Party Claims brought against any of the Newfield Parties. THE INDEMNITY CONTAINED IN THIS PARAGRAPH WILL APPLY EVEN IF AN INJURY IS CAUSED IN WHOLE OR IN PART OR EXACERBATED BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF ANY NEWFIELD PARTY. You agree to pay all costs and attorneys’ fees and expenses incurred by any of the Newfield Parties in connection with investigating and/or defending a Third Party Claim, proceeding or otherwise.

Assumption of Risks
Physical activities, including exercise, fitness, sports, running, and games, by their very nature, carry with them certain dangers and risks that cannot be eliminated regardless of the care taken to prevent or minimize harm. Such physical activities may involve exertions of strength using various muscle groups, quick movements involving speed and change of direction, and may involve contact with equipment or fixed objects. The risks associated therewith range from (1) minor injuries such as cuts, bruises, muscle strains and sprains, to (2) major injuries such as broken or fractured bones or concussions, to (3) catastrophic injuries, such as heart attacks or fractured skull or those that cause disfigurement, loss of mental capacity, loss of sight, speech or hearing, paralysis, or death. You hereby expressly acknowledge and agree that you understand the nature of such activities and appreciate the types of injuries and risks that exist, and you knowingly assume all related risks.

Severability
You further expressly agree that this Consent, Release, Waiver and Indemnification is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the remaining portion of the waiver will continue in full legal force and effect.

Acknowledgment of Understanding
You have read this Consent, Release, Waiver and Indemnification and fully understand its terms. You are giving up rights, including the right to compensation for injury resulting from the negligence of the Newfield Parties. You acknowledge that you are signing this agreement freely and voluntarily, and intend your signature to be a complete and unconditional consent, release and waiver of all liability to the greatest extent allowed by law.

Signing this Consent, Release, Waiver and Indemnification as parent or guardian, I acknowledge that I am authorized to and I am consenting to the participant’s participation in Newfield’s programs under the terms and conditions set forth herein. By hitting accept, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead which is available upon written request to us.

By hitting accept, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it.

Contact Us
If you have any questions regarding this Privacy Policy, please contact us at info@skillcoin.com
.