Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Shugsy software service, including any associated websites, networks, applications, and other services provided by Shugsy (collectively, the "Service"). These Terms constitute a legally binding agreement between you and Shugsy ("we," "us," or "our"). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Definitions

• "User," "you," and "your" refer to the individual or entity accessing or using the Service.
• "Content" refers to any text, images, videos, audio, or other material that appears on or through the Service.
• "User Data" refers to any data, information, or material that you upload, input, or otherwise provide to the Service.
• "Contest" refers to a weekly box office fantasy competition hosted on the Service.
• "Lineup" refers to your selection of movies for a Contest.
• "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.

3. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using our Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use our Service.

4. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a prominent notice on our Service or by sending you an email. Your continued use of our Service after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Service.

5. Eligibility

To use our Service, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater. By using our Service, you represent and warrant that you meet the eligibility requirements. If you are using the Service on behalf of an organization, you represent and warrant that the organization agrees to be bound by these Terms.

6. Service Description

The Shugsy Service is a free fantasy sports game based on movie box office performance. Users create lineups of movies from a weekly slate and earn points based on domestic opening weekend gross. The Service allows users to compete on leaderboards and track their performance over time. The Service is provided for entertainment purposes only and does not involve real money prizes or gambling.

The Service may not be available in all states or jurisdictions. You are responsible for determining whether your use of the Service is lawful in your jurisdiction.

7. Contest Rules

By entering a Contest, you agree to the following rules:

• One entry per user per Contest
• Lineups must include 2-4 movies from the weekly slate
• Lineups must stay within the $50,000 salary cap
• Lineups must be submitted before the Contest lock time (typically Thursday 8PM ET)
• Lineups cannot be modified after the lock time
• Scoring is based on official domestic opening weekend box office figures (Friday-Sunday) from Box Office Mojo
• Points are awarded at a rate of 1 point per $1 million in box office gross
• All decisions regarding scoring and rankings are final

We reserve the right to disqualify any entry that we believe violates these rules or was submitted in bad faith.

8. Service Availability

We will make reasonable efforts to keep our Service operational. However, we do not guarantee continuous, uninterrupted access to our Service, and operation of our Service may be interfered with by numerous factors outside our control.

We reserve the right to suspend access to the Service, in whole or in part, for maintenance or upgrades or to address security concerns, with or without notice.

9. User Accounts

You must create an account to access the Service. You are responsible for:

• Providing accurate, current, and complete information
• Maintaining the confidentiality of your account
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or if we believe your account may pose a risk to our Service or other users.

10. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service for any illegal or unauthorized purpose
• Create multiple accounts to gain an unfair advantage in Contests
• Violate any applicable laws or regulations
• Infringe the rights of others, including intellectual property rights
• Attempt to breach any security or authentication measures
• Transmit any viruses, malware, or other harmful code
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Collect or harvest any information from the Service, including user accounts or data
• Impersonate any person or entity or falsely state or misrepresent your affiliation
• Use automated scripts, bots, or other automated means to interact with the Service
• Attempt to manipulate Contest results or rankings

11. User Data

You retain all ownership rights to your User Data. By uploading, inputting, or otherwise providing User Data to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, store, modify, display, and distribute your User Data solely as necessary to provide the Service to you.

We will not access your User Data except to provide the Service to you, to prevent or address technical or security issues, to respond to support requests, as required by law, or as explicitly permitted by you.

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Data.

The operator maintains commercially reasonable security measures but cannot guarantee absolute security. By using the Service, you acknowledge the inherent risks of internet-based data storage.

12. Privacy

Our Privacy Policy describes our practices regarding the information we collect from you. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.

13. Intellectual Property

All content provided by Shugsy, including but not limited to the Service, website, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Shugsy or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

Movie titles, box office data, and related information are used for informational and entertainment purposes. All movie-related intellectual property remains the property of their respective owners.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal use in accordance with these Terms. This license does not include the right to modify, copy, distribute, sell, or commercially exploit the Service or any content therein.

14. Feedback

We welcome feedback, comments, and suggestions for improvement of the Service ("Feedback"). You grant us a perpetual, irrevocable, non-exclusive, royalty-free, transferable, worldwide license to use, copy, modify, create derivative works based on, distribute, and otherwise exploit such Feedback without any attribution or compensation to you.

15. Third-Party Links

The Service may contain links to third-party websites or services. When you use third-party services, their terms and privacy policies govern your use of those services.

We do not endorse and are not responsible or liable for the behavior, features, or content of any third-party service or for any transaction you may enter into with the provider of such services.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SHUGSY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHUGSY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Shugsy is operated as an unincorporated sole proprietorship. Limitations of liability in these Terms reflect the maximum extent permitted by law for individual operators, which may vary by jurisdiction. Nothing in these Terms limits liability for fraud, gross negligence, or intentional misconduct.

18. Indemnification

You agree to indemnify, defend, and hold harmless Shugsy, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms, your User Data, or your use of the Service.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

20. Dispute Resolution

Any disputes arising from these Terms will first be attempted to be resolved informally by contacting us at team@shugsy.com. If we cannot resolve the dispute informally within 30 days, either party may pursue formal legal proceedings.

Any formal legal proceedings shall be brought exclusively in the state or federal courts located in New York, and you consent to the personal jurisdiction of such courts.

21. Termination

We reserve the right to suspend or terminate your access to our Service at our sole discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users of our Service, us, or third parties, or for any other reason. Upon termination:

• Your license to use the Service will immediately cease
• You will lose access to any User Data stored in the Service
• We may delete your User Data in accordance with our data retention policies

If you wish to terminate your account, you may do so by contacting us at team@shugsy.com.

22. Entire Agreement

These Terms, including our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Shugsy regarding your use of our Service and supersede any prior agreements between you and Shugsy relating to your use of our Service.

23. Waiver and Severability

The failure of Shugsy to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

24. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Shugsy, but may be assigned by Shugsy without restriction.

25. Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

26. Force Majeure

Shugsy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease.

27. Contact Information

If you have any questions about these Terms, please contact us:

• By email: team@shugsy.com
• By visiting this page on our website: https://www.shugsy.com/terms
• By mail: 1207 Delaware Ave, Suite 3817, Wilmington, DE, 19806