Last Updated: July 14, 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing or using the RivalMe mobile application or related services (collectively, the “Service”), you agree to be bound by these Terms and Conditions (the “Terms”). These Terms form a legally binding agreement between you and Silversight LLC (“Silversight,” “we,” “us,” or “our”), the provider of RivalMe. If you do not agree to these Terms, you must not use the Service.
By creating an account, downloading the app, or otherwise using the Service, you acknowledge that you have read, understood, and agree to these Terms, as well as our Privacy Policy (incorporated herein by reference). If you do not agree, you must discontinue use of the Service. Your agreement to these Terms may be evidenced through clickwrap methods, such as checking an "I Agree" box during account creation or app installation, to ensure enforceability.
We may modify these Terms from time to time. We will notify you of any material changes (e.g., via app notification, email, or in-app banner). Updated Terms will be effective when posted. Your continued use of the Service after an update signifies your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.
The Service is intended ONLY for users who are 18 years of age or older and have the legal capacity to enter into contracts. By using the Service, you represent and warrant that you are at least 18 years old.
If you are between 13 and 17 years old, you may only use the Service under the supervision of, and with express consent from, a parent or legal guardian who agrees to be bound by these Terms on your behalf. If you are under 13 years of age, you are strictly prohibited from using or accessing the Service. We do not knowingly solicit or collect personal information from children under 13 in compliance with the U.S. Children’s Online Privacy Protection Act (“COPPA”), as updated in 2025. If we become aware that a child under 13 has created an account or provided personal data, we will delete that account and data promptly.
You are responsible for ensuring that your use of the Service complies with all laws and regulations applicable to you. The Service is void where prohibited by law. We make no representations that the Service is available or appropriate in any particular jurisdiction. We may restrict access to the Service from certain locations if required by law, including states that ban online sweepstakes or skill-based contests (e.g., AR, CT, DE, LA, SD as of 2025).
Certain contests, tournaments, or prize competitions on RivalMe may have additional eligibility requirements (such as residency in a particular area or compliance with local laws regarding skill-based contests). Such requirements will be stated in the contest details. You agree not to participate in any contest if you do not meet the applicable eligibility criteria.
To use RivalMe, you may need to create an account with a username and password and provide certain information. You agree to provide accurate, current, and complete information during registration and to update your information as needed. Each user may only maintain one account. You must not create an account using a false identity or information, or on behalf of someone other than yourself without authorization.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Do not share your account or allow others to access the Service through your account. If you suspect any unauthorized use of your account or any other security breach, you must notify us immediately. We are not liable for any loss or damage arising from your failure to safeguard your account.
We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or engaged in fraudulent or unlawful behavior. We may also reclaim or require you to change your username for any reason (for example, if it infringes someone’s rights or impersonates someone else).
RivalMe offers skill-based competitions (“Contests”) where users can compete for prizes. This section sets out the rules governing participation in Contests and the distribution of prizes. All Contests are structured as games of skill to comply with applicable laws and are not considered gambling.
All Contests on RivalMe are games of skill. Winners are determined by their knowledge, strategy, and/or speed in answering trivia questions or completing challenges, not by chance. By participating, you acknowledge that contests are NOT gambling and that outcome is based on skill. No purchase is necessary to enter free Contests; however, paid Contests may require an entry fee, which does not affect the skill-based nature.
You must compete fairly and within the rules of each Contest. Cheating, fraud, or any attempt to manipulate the outcome of a contest is strictly prohibited. Prohibited conduct includes, but is not limited to: using multiple accounts or identities in a single contest, collaborating with other users to fix or share winnings, using any automated tools, bots or scripts, exploiting any bug or technical glitch to gain an advantage, or any other behavior that unfairly alters the odds for honest participants. Silversight reserves the right to monitor play, use anti-cheating technology, and take action to uphold contest integrity, including forfeiture of winnings and account suspension.
Each Contest may be accompanied by specific rules, guidelines, or instructions (“Official Rules”) provided in-app or on our website. These may include details such as contest duration, how winners are determined, prize descriptions, and any contest-specific conditions. By entering any Contest, you agree to abide by the Official Rules for that contest, in addition to these general Terms. In the event of a conflict between the Official Rules and these Terms, the Official Rules for the contest will govern for that contest’s matters, and these Terms will govern for all other matters.
Contest results will be based on objective criteria such as points scored, time taken, correct answers, or other metrics disclosed in the contest description. We will designate how and when winners are determined (for example, at the contest’s end time or upon completion of a challenge). All results and winner determinations are subject to verification by Silversight, including identity and eligibility checks. Our decisions are final and binding, and we reserve the right to correct any errors in scoring or winner selection. In case of a tie or dispute about the outcome of a Contest, we may either split the prize, provide an alternate prize, or conduct a tiebreaker, at our sole discretion. For prizes valued over $600, winners may be required to sign an affidavit of eligibility and a liability/publicity release.
Winners of Contests may receive prizes such as cash rewards, digital credits, merchandise, or other items as announced. Prizes are not transferable or exchangeable unless explicitly stated. Cash prizes will be paid in U.S. dollars (or another currency if noted) via the payment method we designate (for example, electronic payment provider or check). We may require you to provide additional information (such as a valid mailing address, PayPal account, or other details) to facilitate prize delivery. We will make reasonable efforts to award prizes within a specified time frame (e.g., 30 days after contest end), but delays may occur. If a prize involves digital currency or credits, usage of those is subject to any additional terms we provide. Third-party prizes are subject to the provider's terms, and we make no warranties about them.
You are solely responsible for any taxes, duties, or fees associated with receiving a prize. We may require tax documentation (such as a completed IRS W-9 form for U.S. residents or other forms for non-U.S. residents) before issuing certain prizes. If you win prizes totaling $600 or more in a calendar year (or other threshold as required by law), Silversight may be required by U.S. law to issue a Form 1099 or other applicable tax forms and report the winnings to tax authorities. We will notify you if this is the case, and you agree to provide any necessary information for us to comply with our tax reporting obligations.
By entering a Contest, you grant us the right to use your name, likeness, image, voice, and biographical information for promotional purposes related to the Contest or Service, without additional compensation, unless prohibited by law. Winners may be required to sign a publicity release as a condition of receiving the prize.
We reserve the right to disqualify any participant and withhold or revoke any prize if we suspect, in our sole discretion, that the participant has violated these Terms, the contest’s Official Rules, or engaged in fraudulent, unethical, or unlawful behavior. If you are disqualified, you will forfeit your prize, and we may award it to an alternate winner (for example, the next highest scorer), or not award it at all, at our discretion. You will not be entitled to any compensation if disqualified. Furthermore, if we discover after prize distribution that you violated the rules, you agree to return or reimburse the prize upon our request.
Silversight reserves the right to cancel, terminate, modify, or suspend a Contest if it becomes technically corrupted (e.g., by a virus or software bug), if there is unauthorized intervention, fraud, or other causes beyond our control that impair the administration, security, or fairness of the Contest. If a Contest is canceled before completion, we may, in our discretion, either determine the winners from the eligible entries received before the disruption or cancel the contest without determining winners. In the event of cancellation, any entry fees (if applicable) may be refunded at our discretion.
Participation in Contests is void where prohibited by law. If you are located in a jurisdiction that prohibits skill-based contests for prizes or requires registration or bonding of such contests, you must refrain from participating. We may restrict access to Contests based on your location to comply with local laws, including recent 2025 state bans on certain online sweepstakes.
Participating in a Contest does not guarantee that you will win a prize. Your chances of winning depend on your skill and the skill of other participants. You acknowledge that losing is a possible outcome, and you will not be entitled to any refund or compensation for time spent or any costs incurred in participating, except as explicitly provided in these Terms or any refund policy.
We strive to maintain a respectful, fair, and safe community on RivalMe. By using the Service, you agree to abide by the following conduct standards and NOT engage in any of the prohibited activities below:
Enforcement: Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account, disqualification from contests (including forfeiture of prizes), removal of prohibited content, and if appropriate, referral to law enforcement authorities. We reserve the right (but assume no obligation) to monitor interactions on the Service and to remove any User Content or take action against any user at our sole discretion for violating these rules or for any other lawful reason.
User-Generated Content (“UGC”) refers to any content that users submit, post, upload, publish, or otherwise make available on the Service, including but not limited to profile information, text, images, photos, videos, audio, graphics, comments, gameplay recordings, and contest submissions (e.g., your answers or user-created questions). The following terms apply to UGC:
You retain any ownership rights you have in the content that you create and share on RivalMe. We do not claim ownership of your UGC. However, by submitting UGC, you give us certain rights to use it as described below. You also waive any moral rights or similar rights in your UGC to the extent permitted by law.
When you post, upload, or otherwise share UGC on or through the Service, you hereby grant Silversight and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable license to use, host, store, reproduce, distribute, transmit, modify, adapt, publish, translate, create derivative works from, publicly perform, and publicly display your UGC, and to otherwise exploit such content for any purpose, including commercial purposes, in any media now known or later developed. This license to your UGC survives any termination of your account or of these Terms, meaning that even if you remove or delete your content or account, we may retain and continue to use the content in accordance with this license (for example, if your post was shared by others or is needed for legal reasons).
The rights you grant us in your UGC allow us, for example, to display your content to other users in the app, to promote or advertise RivalMe using screenshots or snippets that might include your content, to analyze your content with algorithms (e.g., for content moderation or game enhancement), and to create derivative works (for instance, using a recorded gameplay clip of yours in a highlight reel). We may also use your UGC in connection with partnerships or external platforms for broader distribution of RivalMe content. You agree that this license includes the right for us to make your content available to other companies, organizations, or individuals with whom we have relationships for syndication, broadcast, distribution, or publication of such content on other media.
You represent and warrant that you have all necessary rights to submit your UGC and to grant the license above. This means: (a) Your content is your own creation or you have obtained the necessary permissions from the rightful owner to use it and allow others (like Silversight) to use it; (b) your posting of the content on the Service, and the use of it by us as permitted by this Agreement, does not and will not infringe or violate the rights of any third party (including intellectual property rights, privacy rights, or publicity rights); and (c) your content complies with these Terms (especially the Acceptable Use Policy in Section 5) and all applicable laws.
You understand that UGC you post on public areas of the Service (such as in public contests, leaderboards, forums, or comments visible to others) will be visible to other users and potentially to the public at large if shared. Do not share any content that you consider private or confidential through public features of the Service. For information on how we handle personal data and what is considered public vs. private, please see our Privacy Policy.
You agree that you are not entitled to any payment, compensation, or royalty from Silversight or any other party for the use of your UGC under the license granted herein. Silversight has the sole discretion whether to use or publish your content at all, and you are not guaranteed that your content will appear on the Service or elsewhere.
We do not pre-screen all UGC, but we reserve the right (without obligation) to monitor, review, screen, delete, or remove any UGC at any time and for any reason, including if we believe the content violates these Terms or applicable law, or for any other reasonable cause. We may also terminate or suspend access to the Service for users who repeatedly infringe intellectual property rights or breach content standards. However, the ultimate responsibility for UGC lies with the user who provided it. We are not responsible for any failure or delay in removing any UGC.
If you submit to us any feedback, ideas, or suggestions for improving RivalMe or our services (“Feedback”), you acknowledge that such Feedback is not confidential and you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate that Feedback in our products and services without any obligation to compensate you.
Your privacy is important to us. Our data practices are described in detail in our Privacy Policy (linked above), which is hereby incorporated into these Terms. By using the Service, you agree to the collection, use, and sharing of your information as described in the Privacy Policy. Key points include:
We collect, use, store, and share personal information as outlined in the Privacy Policy. This may include information you provide during registration, data generated from your usage of the Service (such as scores, contest entries, and interactions), and information from your device (such as device identifiers or usage statistics). We implement measures to protect your personal data in compliance with laws like CCPA, GDPR, VCDPA, and updated COPPA (2025), but you acknowledge that no system is completely secure. Please review the Privacy Policy to understand how we handle your data and the choices you have, including rights to access, correct, delete, or opt-out of data sales.
Some features of RivalMe may request access to your device’s location (for example, to offer location-specific contests or features, or to verify that you are in a jurisdiction eligible to participate in certain contests). If you enable location services for RivalMe, you consent to our collection, use, and storage of your precise geolocation data for as long as necessary for those features and in compliance with laws protecting sensitive location data (e.g., healthcare or religious sites). We will treat location data in accordance with our Privacy Policy and applicable laws. If you do not want to share your location, you can disable location permissions in the app, but certain features may then be unavailable.
If RivalMe implements any feature that collects or uses biometric identifiers or information (for example, if we allowed login via fingerprint or face recognition, or used facial scanning for contest entry verification), we will provide you with clear notice and obtain your explicit consent before collecting any biometric data. By opting to use such features, you consent to the collection and use of your biometric information for the described purpose. We will handle biometric data in compliance with applicable laws, including but not limited to the Illinois Biometric Information Privacy Act (BIPA), and relevant provisions of the California Consumer Privacy Act (CCPA) and EU General Data Protection Regulation (GDPR). This means, among other things, that we will inform you of the purpose and duration of use of the biometric data, will not disclose or sell your biometric identifiers to third parties without your consent, and will securely store and eventually destroy such data in accordance with legal requirements. You have the right to decline any feature that uses biometric data; if you do so, those features will simply not be available to you without any further penalty.
Depending on your jurisdiction, you may have certain rights regarding your personal information, such as the right to access, correct, or delete your data, or to opt-out of certain data processing or sales. Our Privacy Policy and in-app settings will provide mechanisms for you to exercise these rights (for example, GDPR rights for EU users or CCPA rights for California residents). By using the Service, you acknowledge that you have read these rights and know how to exercise them if applicable.
We may use cookies or similar tracking technologies to collect usage data and improve your experience. This might include saving your preferences, keeping you logged in, or tracking aggregate usage metrics. You can manage cookie preferences through your device or browser settings as described in the Privacy Policy.
By providing us with your email address and/or mobile phone number, you consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by email, text message (SMS), in-app push notifications, or notices within the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You consent to receive transactional and account-related communications from us. These include, for example, messages to verify your identity during signup, notifications of contest results or prize awards, alerts about changes to these Terms or the Privacy Policy, and security notices (such as verification codes or alerts about new device sign-ins). These communications are considered part of the Service and you may not be able to opt out of receiving them as long as you maintain your account, except by terminating your account.
We may also send you promotional communications such as newsletters, offers, surveys, or announcements about new features or upcoming contests. You have the choice to opt out of receiving marketing or promotional emails and texts from us. You can opt out by following the unsubscribe instructions provided in the email, by texting back “STOP” or another provided keyword in response to a text message (in compliance with TCPA opt-out rules effective April 11, 2025), or by adjusting your user account settings where available. Please note that it may take a short time to process opt-out requests, and you may receive communications while your request is being processed. Opting out of promotional messages will not affect your receipt of transactional messages as described above.
If you use our mobile app, we may request to send you push notifications, for example to alert you when a contest you joined is starting or when you have won a prize. If you consent to push notifications, we will send them to your device. You can disable push notifications at any time by changing the settings on your mobile device or through the app’s settings.
Message frequency may vary (for example, you might receive multiple messages for contest updates during an event). Message and data rates may apply for any SMS or data communications, depending on your phone plan. You are responsible for any fees charged by your carrier for sending or receiving messages or for data usage. We are not responsible for any such fees.
You agree to keep your email address and phone number on your account current, so that we can reach you with important information. Silversight is not liable for any communication or notice that you do not receive because your contact information was incorrect or not up to date.
If you opt out of certain communications (like promotional emails or texts), you may not receive updates or offers that could be of interest to you. However, opting out will not affect your ability to use the Service for its core functionality. If you opt out of all communication channels, be aware that you might miss important notices about your account or contests.
The Service, including all software, designs, text, graphics, images, information, data, audio, video, and other materials provided by us (collectively, “Silversight Content”), is owned by Silversight or our licensors and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, revocable license to use the Service for personal, non-commercial purposes only. You may not copy, modify, distribute, sell, or create derivative works from Silversight Content without our express written permission.
THE RIVALME SERVICE AND ALL CONTENT, FUNCTIONALITY, AND FEATURES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SILVERSIGHT AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the generality of the foregoing, we do not warrant that:
YOU ASSUME ALL RISK FOR ANY ACTIVITIES YOU ENGAGE IN VIA THE SERVICE. This includes, without limitation, any risk to your computer, smartphone or other device, and any data loss or damage from downloading or using any content, software, or materials obtained via the Service. You understand and agree that you use the Service at your own discretion and risk.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, any warranties required by law are limited in duration to the shortest legally permissible period and the scope of coverage to the minimum extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SILVERSIGHT, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE, OR PERFORMANCE OF, THE SERVICE, WHETHER SUCH DAMAGES are based in warranty, contract, tort (including negligence), strict liability, or any other legal theory, and even if SILVERSIGHT has been advised of or should have known of the possibility of such damages.
In particular, and without limiting the generality of the foregoing, Silversight shall not be responsible or liable for:
MAXIMUM LIABILITY: TO THE EXTENT THAT LIABILITY IS NOT LAWFULLY EXCLUDABLE, THE TOTAL CUMULATIVE LIABILITY OF SILVERSIGHT AND ITS AFFILIATES AND AGENTS TO YOU, FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT (IF ANY) YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM, OR (B) $100.00 (USD). The existence of multiple claims or suits under or related to these Terms shall not enlarge or extend the limitation of money damages. This limitation of liability is cumulative and not per incident.
Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability will be limited to the maximum extent permitted by law. You agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Silversight would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
You agree to indemnify, defend, and hold harmless Silversight LLC, its parent company, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, partners, and licensors (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, investigations, penalties, interest, and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or relating to:
Silversight reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), in which case you agree to cooperate with our defense of such claim. You agree not to settle any such matter without the prior written consent of Silversight.
This indemnification provision is for the benefit of the Indemnified Parties and shall extend to each of them. It shall survive the termination of your use of the Service or termination of these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, AS IT REQUIRES ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS.
We encourage you to first contact us at support@rivalme.com if you have any dispute, claim, or controversy arising out of or relating to the Service or these Terms. Often, disputes can be resolved quickly and informally through our support team.
If we cannot resolve a dispute informally, you and Silversight agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by final and binding arbitration on an individual basis, not as a plaintiff or class member in any class, group, or representative action. This arbitration provision applies to any and all claims you may bring against Silversight or its affiliates, or that Silversight may bring against you. By agreeing to arbitration, BOTH PARTIES ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN LITIGATION AS A PARTY OR CLASS MEMBER) IN COURT BEFORE A JUDGE OR JURY. All claims must be brought within one (1) year of accrual or are permanently barred.
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or another mutually agreed location. The Federal Arbitration Act (FAA) will govern the interpretation and enforcement of this arbitration agreement. Judgment on the arbitration award may be entered in any court having jurisdiction.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If your claim is for $10,000 or less and is non-frivolous (as determined by the arbitrator), we will pay all AAA filing, administration, and arbitrator fees (excluding your attorney’s fees). We will not seek attorneys’ fees from you in arbitration unless the arbitrator determines your claims are frivolous or brought in bad faith.
YOU AND SILVERSIGHT AGREE THAT ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICE MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS. AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. If this class action waiver is found unenforceable in a particular case, then the entirety of this Dispute Resolution/Arbitration section shall be null and void with respect to that case, and the dispute will be handled by a court of competent jurisdiction as set forth in Section 14.
You have the right to opt out of the binding arbitration and class action waiver provisions within 30 days of first accepting these Terms (or within 30 days of any material change to this section). To opt out, you must send a written notice to Silversight at [Mailing Address] or email us at arbitrationoptout@rivalme.com with the subject line “Arbitration Opt-Out.” Your opt-out notice must include your name, address, the email associated with your RivalMe account (if any), and an unequivocal statement that you opt out of the arbitration agreement. If you opt out of arbitration in accordance with this procedure, you will retain your right to litigate disputes in a court of law, but you still agree to bring any claims on an individual (non-class) basis. Opting out of this arbitration agreement will not affect any other provisions of these Terms, including, for example, the governing law or venue provisions in Section 14.
Notwithstanding the above, either party may choose to pursue a dispute in small claims court (if the dispute qualifies for small claims jurisdiction) rather than arbitration. Additionally, either party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means, for example, that if you misuse the RivalMe app or Service in a way that violates our intellectual property rights or those of a third party, we are not required to go to arbitration to ask a court for an order to stop you.
If any portion of this Arbitration and Class Action Waiver section (other than the class action waiver clause in 13.5 above) is found to be invalid or unenforceable, that portion shall be severed, and the remaining provisions shall remain in full force and effect. If Section 13.5 (Class Action Waiver) is ruled unenforceable, then Section 13 as a whole (Arbitration) shall be deemed void, and the dispute will be resolved in court, with class action issues to be handled by that court.
This section contains additional terms that help define the relationship between you and Silversight under these Terms.
Except to the extent that the Federal Arbitration Act applies (as set forth in Section 13), these Terms and any dispute arising out of or relating to these Terms or the Service (“Dispute”) shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its conflict of laws principles, and also where applicable the federal laws of the United States. This choice of law applies regardless of your location, provided that you will also be entitled to the protection of the mandatory consumer protection provisions of your local jurisdiction if those provisions are applicable to your use of the Service.
Subject to the arbitration provisions above, you agree that any non-arbitrable Disputes (e.g., if you validly opt out of arbitration or a court finds the arbitration agreement unenforceable for a particular dispute) shall be resolved exclusively in the state or federal courts located in New Castle County, Delaware, and you and Silversight both consent to personal jurisdiction in those courts for such purposes. You agree to waive any objections based on inconvenient forum (forum non conveniens) or any similar doctrine.
If any provision of these Terms (other than the class action waiver and arbitration provisions addressed in Section 13) is found by a court or arbitrator of competent jurisdiction to be invalid, void, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. The parties agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and if the provision is completely unenforceable, to replace it with a valid and enforceable provision that most closely approximates the original intent and economic impact.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision, nor shall any single or partial exercise of any right or power preclude further exercise of that or any other right. No waiver by Silversight of any breach or default by you will be deemed a waiver of any preceding or subsequent breach or default.
Silversight may assign or transfer these Terms (in whole or in part), or delegate any of its obligations hereunder, to any person or entity at any time with or without your consent (for example, to a successor in interest in the event of a merger, acquisition, or sale of assets, or to any affiliate or as part of a corporate reorganization). You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our prior express written consent, and any attempt to do so without consent will be null and void.
Silversight shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, natural disasters, epidemic or pandemic, war, terrorism, riots, embargoes, strikes, utility or transmission failures, cyber-attacks, internet or communication failures, government orders or regulations, or other force majeure event. In such events, our obligations will be suspended for the duration of the event, and we may, upon notice to you, terminate any affected Service or contest and/or cancel or postpone any affected contest or feature, without liability.
These Terms do not create any joint venture, partnership, employment, or agency relationship between you and us. You are an independent user of the Service, and nothing in these Terms is intended to authorize either party to act as agent for the other or to bind the other to any contract or obligation.
These Terms (including any additional terms and policies incorporated by reference, such as the Privacy Policy and any applicable Official Contest Rules) constitute the entire agreement between you and Silversight regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, or communications, whether written or oral, regarding the subject matter herein. No oral or written information or advice given by any party or its agents shall create a warranty or in any way increase the scope of the obligations under these Terms, unless expressly included herein.
Any provisions of these Terms which by their nature should survive termination of these Terms (including, for example, license grants, indemnities, disclaimers, limitations of liability, and dispute resolution provisions) shall survive any termination or expiration of these Terms and/or termination of your access to the Service.
If you have any questions, concerns, or notices regarding these Terms or the Service, you may contact us at: Silversight LLC – RivalMe Support [Address] support@rivalme.com
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS. If you do not agree, you should discontinue use of RivalMe immediately. Thank you for reading, and we hope you enjoy competing on RivalMe!