Streak Contest - Terms & Conditions

Last Revised: February 15^th, 2024

These Terms of Use (“Terms”) govern your access to and use of the Streak Contest mobile application (“App”), made available to you by MobLab Limited (“MobLab,” “we,” “us,” or “our”).

BY ACCESSING OR USING THE APP, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, STREAT CONTEST OFFICIAL RULES OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE APP.

We may modify these Terms at any time. All changes will be effective immediately upon posting to the App. Material changes will be conspicuously posted on the App or otherwise communicated to you. By using the App after changes are posted, you agree to those changes.

1. Privacy Policy

We may collect certain information about you and about your use of the App as described in our Privacy Policy which is incorporated into these Terms. The Privacy Policy describes our information collection, use, and sharing practices. If you do not agree to any terms in our Privacy Policy, do not access or use the App.

2. Content

The App, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of MobLab or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, MobLab reserves all other rights in and to the App and Content, including all intellectual property rights.

3. Accounts

You are responsible for maintaining the confidentiality of any information you use in connection with the App, including your username and any password. You are responsible for all activity on your account. If you believe someone else has accessed your account, please change your password and notify us immediately. You represent and warrant that all information you provide to us in connection with your access to and use of the App is true, accurate, and complete to the best of your knowledge. We reserve the right, in our sole discretion, to suspend or terminate your account or your use of the App for any reason without notice or liability, including upon any unauthorized use of your username or password, if you breach these Terms, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide the App to you. If we suspend or terminate your account, you will not create another account without MobLab’s prior written permission.

4. Use Rights

You may only use the App or Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the App as applicable to you (if any), and all applicable laws. You may only use the App and the Content for their intended purposes for which they are made available to you by MobLab.

5. Use of Marks

MobLab owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by MobLab. In addition, the App may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s consent.

6. Intellectual Property Rights

The App and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to MobLab or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

7. Compliance with Laws

In connection with your access to and use of the App, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

8. Children's Information

The App is not directed at children under the age of eighteen (18) years old. If you are under eighteen (18) years old, you must immediately stop using the App.

9. Restrictions on Your Use of the App

You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the App or Content without MobLab’s prior written consent.
You will not use the App for unlawful purposes.
You will not submit inaccurate, incomplete, or out-of-date information via the App, commit fraud or falsify information in connection with your use of the App.
You will not engage in data mining or similar data gathering or extraction activities from the App. You will not use the App to harvest email addresses, names, or other information of the users of the App or to spam other users of the App.
You will not access, use, or copy any portion of the App or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
You will not use the App to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the App, the servers used to make the App available, or any other network, computers, hardware, software or systems.
You will not engage in activities that aim to render the App or associated services inoperable or to make their use more difficult.
You may not frame, mirror, or circumvent the navigational structure of any part of the App.
You may not upload, distribute, transmit, or post anything to or through the App that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
You may not engage in any conduct while using the App that MobLab considers inappropriate, unauthorized, or contrary to the intended purpose of the App.

10. Feedback and Other Content Submitted By You

. If you submit comments or feedback to us regarding the App or its Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback“), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

11. NO WARRANTY

NO WARRANTY. THE APP AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBLAB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APP AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

MOBLAB MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE APP IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. MOBLAB DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE APP OR CONTENT. MOBLAB DOES NOT WARRANT OR GUARANTEE THAT THE APP OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE APP OR CONTENT WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

12. LIMITATION OF LIABILITY

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOBLAB OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “MOBLAB PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE APP OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A MOBLAB PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE APP OR CONTENT.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE MOBLAB PARTIES ARISING OUT OF OR IN CONNECTION WITH THE APP OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. INDEMNIFICATION

YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE MOBLAB PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE APP OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE APP. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

14. Third-Party Websites and Content

The App may link to, or be linked to, websites not maintained or controlled by MobLab. Those links are provided as a convenience to the visitors of our App. MobLab is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the App. MobLab does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the App, it is the terms and privacy policy of that third party that govern your use of the third-party site (and such third-party’s use of your personal information), not these Terms.

The App may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that MobLab has reviewed the third-party Content or that there is any association between MobLab and any third party. You access third-party Content at your sole risk. MobLab has no responsibility for any third-party Content. Nothing in these Terms grants you any rights to any third-party Content.

15. Linking to the App

. You are prohibited from linking to the App on your website or elsewhere without the prior express written consent of MobLab. If MobLab grants you a right to link to the App, certain terms may apply, and MobLab reserves the right to revoke such consent at any time. You are responsible for any costs incurred by MobLab in enforcing its rights under this Section.

16. Use in the United States

The App is intended for use in the United States only. We do not guarantee that use of the App will be available or permitted in any location other than the United States. If you choose to access the App from a location other than the United States, you do so at your own risk.

THE EXISTENCE OF THE APP OR ANY CONTENT SHALL NOT BE CONSTRUED AS MOBLAB OR THE MOBLAB PARTIES OFFERING SUCH APP OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH APP OR CONTENT IS PROHIBITED BY LAW.

17. Termination

. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the App or Content, and we may restrict your access to the App or Content. MobLab may suspend or terminate the App or any Content, in whole or in part, at any time in its sole discretion for any reason. MobLab shall not be liable to you or anyone else for any damages arising from or related to MobLab’s suspension or termination of your access to the App or the Content, or in the event MobLab modifies, discontinues or restricts the availability of the App or the Content (in whole or in part).

18. App Unavailability

Without limiting the generality of the previous section, the App or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

19. Cooperation with Law Enforcement

. MobLab will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD MOBLAB AND THE MOBLAB PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

20. Arbitration

To the fullest extent permitted by law, by using the App, you understand and agree that:

any and all disputes, claims, and causes of action arising out of or in connection with the App shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with the App, but in no event and under no circumstances will you be permitted to obtain awards for attorneys’ fees, and you hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
Any claim or dispute regarding the App will be resolved pursuant to the laws of New Jersey, without regard to the conflicts of laws and rules of New Jersey;
Any claim or dispute regarding the App will be resolved in a tribunal within the state of New Jersey, and Participants submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
If for any reason a claim or dispute regarding the App proceeds in court rather than through arbitration, there will not be a jury trial.

21. Terms Applicable to New Jersey Customers

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. MobLab reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

22. Assignment

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of MobLab’s successors and assigns.

23. Entire Agreement

These Terms and any terms posted throughout the App, including the Streak Contest Official Rules are the entire agreement between you and MobLab with respect to your access to and use of the App.

24. Waiver

MobLab’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by MobLab.

25. Severability

If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

26. Electronic Communications

These Terms and any other documentation, agreements, notices, or communications between you and MobLab may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

27. MARKETING AND PROMOTION

By participating in MobLab Limited’s sports contests, user agrees to have user image, photograph, likeness, voice, location and prize amount utilized by MobLab Limited and its associates, business partners and affiliates in the creation and distribution of marketing and promotional materials that can be published on the internet, radio, TV, podcast, newspaper, magazines and any other advertising or communication mediums. User agrees not to seek any remuneration, charge, fee and not to impose any conditions or obligations for such usage of user data in connection with advertising and marketing or PR related campaigns. There may be additional requirements for advertising waivers when participating in certain contests. Any winner of a prize above $500.00 USD may be required to submit a video recording detailing their experience that can then be used for advertising and publishing purposes before a payout request for such earnings will be processed.

28. Contact Us

Please direct any questions and concerns regarding these Terms to us at:

MobLab Limited

Centris Business Gateway II, Level 3, Suite D

Salib Tal-imriehel Str Zone 3

Central Business District

CBD 3020 Birkirkara

Malta

[email protected]