Terms of Use

The following Terms of Use outline your obligations when using the OgaManager website. You can also review our Privacy Policy

Terms

These terms and conditions are between OgaManager Ltd, a company incorporated in Nigeria with Registered Number 1287407 and having its registered office address at 15 Adele road Apapa,Lagos (hereinafter referred to as “OgaManager”) and you, the person using the Site (as the term “Site is defined below. OgaManager maintains the website at www.ogamanager.com, and all linked pages (“Site”). Following are the terms of use (“Terms of Use”) that govern your use of the Site and any services offered on the Site and including any mobile applications or “apps” (“Services”). Please read these terms carefully before using the Site. By using the Site and availing yourself of the Services, you expressly agree to these Terms of Use and the OgaManager Privacy Policy and agree to comply with the Terms of Use and all applicable laws and regulations governing use of the Site and the Services. If you do not agree to all the terms and conditions of the Terms of Use, then you may not access the Site or use the content or any services in the Site. OgaManager reserves the right, as its sole discretion, to modify, update or replace the Terms of Use and the OgaManager Privacy Policy at any time. In the event these Terms of Use are modified, updated or replaced, the new version shall take effect as soon as they are posted to this Site. In addition, registered users of the Site will be emailed the Terms of Use when signing up for an account with OgaManager and whenever changes are made to the Terms of Use. Use of the Site by you following such notification constitutes your acceptance of the new Terms of Use. If you do not agree to the new version of these Terms of Use, you must stop your use of the Services immediately. In the event you do not agree to any amendments to these Terms of Use, you must stop using the Services and close your account with OgaManager and in this event the unamended Terms of Use shall apply to your relationship with OgaManager. You should print a copy of these Terms of Use for future reference. Please check this page of the Site periodically. If we believe you are violating these Terms of Use, OgaManager may take various actions, including suspending or terminating your use of the Site, barring you from future use of the Site, and/or taking appropriate legal action against you.

OgaManager

OgaManager was incorporated in Lagos, Nigeria on 14th day of September 2015.

Eligibility

In order to register, open an account and/or participate in OgaManager’s fantasy sports contests on the Site (the “Contests”), you represent and warrant that:

  • You are at least 18 years of age (19 in Alabama, USA and Nebraska, USA) and meet the minimum age requirement in your local jurisdiction or territory to contract and use the Site and play the Contests in the jurisdiction, territory, or location where you are gaming
  • You are physically located and reside in Nigeria, United States of America, and Brazil
  • You are not physically located in any of the following United States: Arizona, Iowa, Louisiana, Montana or Washington, or the Canadian province of Quebec, or any other jurisdiction where your participation in the Contests is prohibited
  • You are physically located and reside in a jurisdiction or territory that does not prohibit you from participating in any of the Contest's you choose to play
  • You will abide at all times by these Terms of Use, as amended, and any other agreements between you and OgaManager regarding your use of the Site or participation in the Contests, and
  • You are not subject to backup withholding tax in your jurisdiction or territory because
    • You are exempt from backup withholding,
    • The tax authority in your jurisdiction or territory has not notified you that you are subject to backup withholding as a result of a failure to report all interest or dividends, or
    • The tax authority in your jurisdiction or territory has notified you that you are no longer subject to backup withholding.
  • You possess a Nigerian bank account where all prizes can be deposited

If you do not meet the eligibility requirements described in this section, you are not authorized to use the Site or avail yourself of the Services. In addition to any other rights that OgaManager may have in law or equity, OgaManager reserves the right to suspend or terminate the account of any purported user of the Site who does not meet the foregoing requirements. OgaManager also reserves the right to terminate, withhold, or revoke the awarding of any prizes associated with the purported user’s account. OgaManager reserves the right to require proof that you meet the Site’s eligibility requirements before it awards you any prize. You may establish and maintain only one active account for participation in the activities offered on the Site. In the event that OgaManager discovers that you have opened more than one account per person, in addition to the other rights OgaManager may have, OgaManager reserves the right to suspend or terminate any or all of your accounts and to terminate, withhold, or revoke the awarding of any prizes associated with those accounts. OgaManager employees may access the Site and the Services for purposes of testing the user experience, but they shall not withdraw money or prizes for themselves. OgaManager consultants or promoters of the Site may participate in the Contests without limitation unless they have access to any data on the Site that is not available to all users of the Site. OgaManager consultants and promoters may receive prizes in accordance with applicable Contest rules and these Terms of Use, but they shall not receive anything else of value for their play on the Site. Professional athletes may not participate in any Contest in which they or any other person on their team is available for selection. You acknowledge, understand and agree that for Contests requiring an entry fee on the Site you may lose money in using the Services.

Conditions of Participation

Registration

To participate in any Contest on the Site, you must register and set up an account with OgaManager. OgaManager will require information from you to confirm your age and address and such other information that OgaManager may deem reasonable from time to time to identify and verify you and to ensure that OgaManager can comply with anti-money laundering legislation applicable to OgaManager. OgaManager reserves the right to obtain information from third parties to verify your identity and may obtain credit checks about you from third parties. When you do so, you must provide OgaManager with accurate and complete information. You agree to promptly update your OgaManager account information with any new information that may affect the operation of your OgaManager account and to provide us with any other information we request from you to administer your use of the Site or the Services. The personal information that you provide to OgaManager will be subject to the terms of the OgaManager Privacy Policy. If your account information is not accurate, not current, or incomplete, or if OgaManager has reasonable grounds to believe that your account information is not accurate, not current, or incomplete, OgaManager, at its sole discretion, may deny you access to areas of the Site requiring registration. OgaManager, acting reasonably, reserves the right not to open an account for you.

Account Password and Security

When you register for online account access, you must provide a valid e-mail address and create a Username and Password for your account. Many areas of the Site require registration for access (the “Restricted Areas”). You are responsible for safeguarding and maintaining the confidentiality of your Username, Password, and related account information and for safeguarding and maintaining the security of your computer system. You understand and agree that no network is 100 percent secure and that OgaManager is not responsible for any data breaches, “hacking” or other unauthorized access. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your OgaManager account, whether or not you have authorized such activities or actions. You agree to immediately notify OgaManager of any unauthorized use of your Username, Password, or OgaManager account. You acknowledge and agree that OgaManager is authorized to act on instructions it receives through the use of your Username and Password. You also agree that, without prior notice, OgaManager may, but is not required to, deny access or block any transaction made through the use of your Username and Password if OgaManager reasonably believes that they are being used by someone other than you or in any other way that violates these Terms of Use or is required by law or legal process or to protect the safety of others or their or OgaManager’s property. You agree to immediately notify OgaManager of any unauthorized use of your Username and Password or account or any other breach of security related to your use of the Site. OgaManager will not ask you to reveal your Password or ever initiate any contact with you to request security hints. You agree to indemnify OgaManager for any improper or illegal use of your OgaManager account.

Communications and Disclosure

As a result of your registration, you may receive commercial communications from OgaManager related to content on the Site. You understand and agree that these communications are part of your registration. You may opt out of receiving communications offering commercial goods or services at any time by using the unsubscribe functionality or by sending an opt-out request to [info@ogamanager.com] and in accordance with our Privacy Policy. However, we may still need to correspond with you regarding account details, prize fulfillment and other operational matters and you consent to continue to receive these account communications even after you have opted-out of commercial offerings solicitations.

Disqualification

OgaManager, in its sole discretion, may disqualify from any service, refuse to award fantasy points or prizes, and/or require the return of any prizes from a Contest participant (“Entrant”) who engages in conduct that OgaManager deems to be improper, unfair, or otherwise adverse to the operation of the Site or in any way detrimental to other Entrants, or that violates these Terms of Use. Such misconduct includes, but it not limited to, falsifying personal information required to use the Site, avail oneself of the Services, or to claim a prize; violating any of these Terms of Use; accumulating points or prizes through unauthorized methods such as the use of automated scripts or other automated means; tampering with the administration of the Site and Services or trying in any way to tamper with the computer programs associated with the Site and Services; obtaining other Entrants’ information for purposes of spamming them; and abusing the OgaManager website in any way. Entrant further acknowledges that the forfeiture or return of any prize shall in no way prevent OgaManager from pursuing civil or criminal proceedings in connection with the Entrant’s misconduct. The OgaManager Site and Services may only be used for the Contests as administered by OgaManager.

Force Majeure Event

The failure of OgaManager to comply with any provision of these Terms of Use due to what is commonly referred to as an act of God or a hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of government authorities outside of the control of OgaManager (not related to compliance with applicable regulations) or other force majeure event will not be considered a breach of these terms.

Game Rules

In the United States & Nigeria fantasy sports are classified as games of skill. OgaManager Games for USA & Nigerian users are thus games of skill. For all Entrants, no matter their location, to win a Contest, they must use their skill and knowledge of professional soccer information and fantasy sports rules to accumulate fantasy points. Fantasy points are accumulated through the performance of real-world soccer athletes across multiple sporting matches. Each fantasy lineup must include eleven real-world soccer athletes from at least three different real-world teams in the top five European leagues ( EPL, La Liga, Serie A, Bundesliga, Ligue 1), so that each entry into a OgaManager Contest shall be made up of players drawn from a minimum of two real-life sporting matches. No lineup shall include more than three soccer athletes from the same real-world team. OgaManager strictly prohibits the winning of any Contest based solely on the single performance of an individual athlete. The site will prevent you from saving a lineup that would violate any of these restrictions.

Editing a Lineup

You can edit your lineup at any point until the start of a Contest by clicking on the edit link or button on the entry view. Once a Contest starts, you will be able to see your opponents’ lineups and your lineup will be no longer editable.

Entry Fees

With the exception of “free to play” games for entertainment purposes, each Game has a fixed entry fee listed in Naira, NGN. When you opt to participate in a Game, the applicable entry fee will be debited from your OgaManager account. You will then be directed to any site links and instructions you need to play the Game.

Entry Cancellation

OgaManager reserves the right to cancel any Game that lacks a full group of Entrants when the Game is scheduled to begin. When multiple Games with the same entry terms (entry fee, contemplated pool size, prize distribution, timing and real world games to be used) are subject to cancellation due to low turnout, OgaManager may avoid cancellation by combining the player pools for those Games. OgaManager will never merge player pools with different entry terms for any reason. Users may cancel entries by clicking on the ‘cancel entry’ link or button located on the entry view and/or entry edit view. You may cancel your entry for any contest that is unfilled. Within 15 minutes of the Contest start, the cancel entry link or button will be disabled when a contest fills. OgaManager will not accommodate cancellation requests for entries in filled contests within 15 minutes of game start. Also, OgaManager will not accommodate requests to cancel matched head-to-head entries even when both players request cancellation. Cancellation requests must be performed through the application and will not be accepted by other means including email.

Contest Term

OgaManager offers Contests involving multiple professional soccer real-life sporting events. Contests will take place on a single day, multiple days or longer as specified in each contest rules. Winners are determined by the criteria stated in each Contest’s rules.

Prizes

OgaManager offers many different types of Contests. For each one, OgaManager announces the entry fees and prizes in advance on the contest page. Prizes for each Contest are listed at the outset of the Contest and are not subject to change based on the number of Entrants or total entry fees for that Contest. After each Contest ends, prizes are awarded. Prizes are awarded to Entrants who accumulate the most fantasy points as set forth in Contest details. OgaManager is strictly prohibited from determining winners based on the score, point-spread, or performance of any real-world team or combination of teams. When an Entrant wins a Contest, the prize for that Contest will be added to the Entrant’s account balance generally within twenty-four hours. If there is a tie/draw in a specific Contest among OgaManager users, the prize will be divided evenly between all tied players, unless otherwise specified in the Contest rules. OgaManager may offer “free” game play for entertainment purposes, without the possibilities of a prize or prizes being awarded. Prize calculations are based on Contests results as of the time when OgaManager tabulates final point scoring. Once prizes are awarded to the winners, scoring results will not be changed regardless of any official adjustments made by professional sports leagues. Note that this is not the same situation as a case where a correction needs to be made after settlement due to a problem with the data feed or the settlement process. If any legal authority challenges prize awards, OgaManager may, in its sole discretion, determine whether or not to award such prizes.

In the event of a tie between players where the prize(s) cannot be evenly split the entry with the highest individually scoring athlete will be used as a tiebreaker, proceeding to the second-highest, third-highest, etc. player as needed to break the tie. In the event the tie remains unbroken, the player who submitted their team first will be declared the winner.

Notification

Winners are generally posted on the OgaManager website within twenty-four hours. You hereby agree to your Username and country location being published in the event that you are a winner. Winners may be asked to return via e-mail or regular mail an affidavit of eligibility and appropriate tax forms. A winner’s failure to comply with such requests can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner.

Conduct

As a condition of use, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You agree to abide by all applicable local, state, national, and foreign laws, treaties and regulations in connection with your use of the Site and the Services. You also agree, without limitation, that you will not do any of the following while using or accessing the Site or the Services:

  • Abuse, harass, impersonate, intimidate, or threaten other OgaManager users or any other third party
  • Cause, whether directly or indirectly, the posting or transmission of any materials that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or that otherwise violate any law or the right of any other person
  • Use the Site for any unauthorized purposes or in violation of any applicable law, including intellectual property laws
  • Cause, whether directly or indirectly, the posting or transmission of any communication or solicitation designed or intended to obtain password, account or private information from any OgaManager user
  • Create, send or attempt to create or send, e-mail spam to any other OgaManager user
  • Infringe upon the intellectual property rights of OgaManager, its users, or any third party
  • Submit comments linking to affiliate programs, multi-level marketing schemes, or sites that repurpose existing stories or off-topic content
  • Post, e-mail, transmit, upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
  • Use any robot, spider, scraper, sniping software or other automated means to access the Site for any purpose (except RSS feed access) without OgaManager’s express written permission. Additionally, you agree that you will not:
    • Take any action that imposes or may impose a load on our infrastructure that OgaManager deem to be unreasonable or disproportionate
    • Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
    • Bypass any measures OgaManager may use to prevent or restrict access to the Site
  • Use artificial means, including creating multiple user accounts, to inflate your position and standing with the OgaManager community
  • Advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Site to contact, advertise to, solicit to, or sell to any user without the user’s prior explicit consent
  • Use the Site for any commercial purpose unrelated to the Contests, and sell or otherwise transfer your profile.

Your violation of the foregoing rules may result in the removal of your content from the Site and/or cancellation of your account. You acknowledge and agree that OgaManager may remove any user content and terminate any OgaManager account at any time for any reason including without limitation a third party’s claim or allegation concerning the user’s content or conduct on the Site.

User Content

You understand that all user content, including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such user content originated. This means that you, not OgaManager, are entirely responsible for all user content that you upload, post, share, e-mail, transmit, or otherwise make available via the Site. Under no circumstances will OgaManager be liable in any way for any user content uploaded, posted, shared, e-mailed, transmitted or otherwise made available via the Site. You acknowledge that OgaManager may or may not pre-screen user content, but that OgaManager and its designees have the sole discretion, but not the obligation, to pre-screen, refuse, permanently delete, and/or move any user content available via the Site. Without limiting the foregoing, OgaManager and its designees shall have the right to remove any user content that violates these Terms of Use or that is otherwise objectionable in OgaManager’s sole discretion. Without limiting any of the foregoing, you may not upload, post, share, e-mail, transmit or otherwise make available via the Site any content that violates applicable laws or regulations, that is harassing, is hate speech, or obscene. You understand that, by using the Site, you may be exposed to user content that you may consider to be offensive or objectionable. You agree that you must evaluate and bear all risks associated with the use or disclosure of any user content. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site. You may always cease using the Site if you find the content objectionable. With respect to user content you submit or make available on the Site, you grant OgaManager an irrevocable, fully sub-licensable, perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such user content, in whole or in part, and to incorporate such user content into other works in any format or medium now known or later developed. You are solely responsible for your interactions with other users of the Site. OgaManager reserves the right, but has no obligation, to monitor disputes between you and other users.

Indemnity

You agree to indemnify OgaManager, its parent company, its subsidiaries, affiliates, officers, agents, partners, and employees from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of or relating to your breach of these Terms of Use or your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site

Warranty Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE, CONTENT, AND WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. You acknowledge that OgaManager has no control over, and no duty to take any action regarding, which users gain access to the Site or use the Site, what effects the content may have on you, how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release OgaManager from all liability for you having acquired or not acquired content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. OgaManager makes no representations concerning any content contained in or accessed through the Site, and OgaManager is not responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

Limitation on Liability

YOU UNDERSTAND AND AGREE THAT OGAMANAGER SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OGAMANAGER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE SITE;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE,
  • ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OGAMANAGER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OGAMANAGER FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.

OgaManager does not exclude liability for death or personal injury or other liability it cannot exclude by law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. As such, some of the above limitations may not apply to you.

Our Proprietary Rights

OgaManager owns all title, ownership and intellectual property rights in and to the Site. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by OgaManager, you agree not to modify, rent, lease, loan, sell, distribute or create derivate works based on the Site, in whole or in part.

Links

The Site provides, or third parties may provide, links to other websites or resources. As OgaManager has no control over such sites and resources, you acknowledge and agree that OgaManager is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that OgaManager shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

Termination

OgaManager may terminate or suspend the Site and any and all services and your OgaManager account immediately, without prior notice or liability, if you breach any of these Terms of Use. Upon termination of your account, your right to use the Site will immediately cease. If you wish to terminate your OgaManager account, you may simply discontinue using the Site or contact us via the contact form with a note stating that you wish to terminate your account. All provisions of the Terms of Use that, by their nature, should survive termination shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Information Accuracy & Verification

OgaManager periodically reviews user accounts for accuracy of user provided registration and payment information. OgaManager reserves the right to suspend the account of any user suspected of providing inaccurate, misleading or fraudulent information. Once an account has been suspended, the user will be notified of such a suspension and will be given the opportunity to provide further information relevant to the decision to suspend the account in question. OgaManager reserves the right to close a suspended account and return any funds not in dispute remaining in the account to the user.

  • Any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

Dispute Resolution and Governing Law

These Terms of Use, our Privacy Policy and use of the Site shall be governed by, and construed in accordance with, the laws of Federal Republic of Nigeria. All disputes arising from or related to these Terms of Use, our Privacy Policy or use of the Site shall be subject to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria. Notwithstanding this clause, OgaManager shall be entitled to take an injunction or similar action in any court of competent jurisdiction.

General Information

Entire Agreement

These Terms of Use and our Privacy Policy constitute the entire agreement between you and OgaManager with respect to the Site and supersede all other written and oral communications or agreements with regard to the subject matters discussed herein.

Waiver and Severability of Terms

The failure of OgaManager to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. All other provisions shall remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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