floorside

Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and Floorside LLC, doing business as Floorside (“Floorside,” “we,” “us,” or “our”), governing your use of the Floorside mobile and web applications, the website at floorside.co, and any related services (together, the “Service”). By creating an account, downloading, or using the Service, you agree to these Terms and to our Privacy Policy and Community Guidelines (section 8), which are part of these Terms. If you do not agree, do not use the Service.

The short version

1. Eligibility

You may use the Service only if:

We ask you to confirm your age when you create your account and we keep a record of that confirmation. If we learn that a user is under age, we will close the account.

2. What Floorside is — and is not

2.1 An educational and social service

Floorside provides a social feed for sharing gambling sessions, a personal profit/loss log, a directory of casinos with community reviews, educational courses and reference material about casino games, odds, house edge, and bankroll management, and play-money simulators of casino games (a number of free rounds, with full access as part of Pro).

2.2 No real-money gambling

Floorside is not a casino, sportsbook, betting exchange, or gambling operator, and it does not accept wagers, hold funds, or pay out winnings. Simulators use virtual chips that have no monetary value and cannot be bought, sold, cashed out, or exchanged for anything of value (see section 10). Nothing in the Service is real-money gambling, and the Service is not licensed as a gambling product in any jurisdiction.

2.3 Not affiliated with casinos

Floorside is independent. We are not owned by, affiliated with, sponsored by, or endorsed by any casino, gaming company, or gambling operator listed in the directory or mentioned in user content. Listing a venue is not a recommendation to visit it.

2.4 No advice; no guaranteed outcomes

Courses, strategy charts, odds and house-edge figures, bankroll guidance, simulator results, and other users’ posts are general information and personal opinion. They are not financial, investment, tax, legal, or professional advice, and they do not guarantee any result. Casino rules, payouts, and conditions vary by venue and change over time; simulators approximate the mathematics of the games but may not match the rules of any particular table. Every decision to gamble, and every wager you place anywhere, is your own responsibility. Past results shown in the feed — yours or anyone else’s — are not an indication of future results.

2.5 Responsible gambling

Gambling involves a substantial risk of losing money and can be addictive. Set limits before you play and never gamble with money you cannot afford to lose. If you are concerned about your own or someone else’s gambling, help is available: in the United States, call or text the National Problem Gambling Helpline at 1-800-MY-RESET (1-800-697-3738), or call 1-800-522-4700 (ncpgambling.org); in the United Kingdom, GamCare at 0808 8020 133; elsewhere, contact your local support service. The app’s Responsible gambling page (Settings → Responsible gambling) lists more resources. Floorside does not provide self-exclusion from real-world gambling; to self-exclude, contact your state or national programme.

3. Your account

4. Your content

4.1 Ownership

You own the content you create and submit — posts, photos, comments, stories, polls, reviews, session records, and everything else you contribute (“Your Content”). We do not claim ownership of it.

4.2 License to us

To run the Service we need permission to use Your Content. You grant Floorside a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, cache, reproduce, adapt (for example resizing or compressing images, or generating previews and thumbnails), publish, display, distribute, and otherwise use Your Content for the purposes of operating, providing, developing, promoting, and improving the Service, in any media or format now known or later developed. This license lets us, for example, show your posts in the feed and on casino pages, sync your session log between your devices, and display your shared session on the casino’s community tally. We will not use Your Content in advertising or marketing outside the Service without your separate consent.

4.3 How long the license lasts

The license ends when you delete the relevant content or your account, except that (a) content may persist in backups for a limited time, (b) content others have already copied, re-shared, or screenshotted is outside our control, (c) comments and reactions you left on other people’s content remain attached to that content until you delete them or your account, and are deleted along with your account, and (d) we may retain content where required by law or for the purposes described in the Privacy Policy.

4.4 Your responsibilities

You are solely responsible for Your Content. By submitting it you represent and warrant that:

We may, but are not obliged to, review, screen, or monitor Your Content. We may remove or restrict content that we believe violates these Terms or may expose us or others to harm or liability.

4.5 Feedback

If you send us ideas, suggestions, or feedback about the Service, you agree that we may use them freely and without obligation to you.

5. Visibility, sharing, and privacy

6. License to use the Service

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the app on devices you own or control and to access the Service for your personal, non-commercial use. This license does not allow you to, and you agree not to:

All rights not expressly granted to you are reserved by Floorside and its licensors.

7. Intellectual property

The Service — including its software, design, text, graphics, courses, strategy material, the Floorside icon set, logos, and the Floorside name and marks — is owned by Floorside or its licensors and protected by copyright, trademark, and other laws. You may not use our name, logos, or marks without our prior written permission. The casino directory incorporates data from OpenStreetMap, © OpenStreetMap contributors, made available under the Open Database License; map tiles on the web are provided by OpenStreetMap and CARTO. Third-party trademarks, including casino names, belong to their owners and are used only to identify the venues.

8. Community Guidelines

Floorside is a place to share honestly about gambling — wins and losses alike — and to learn. These guidelines apply to everything you do on the Service, including posts, comments, stories, reviews, profiles, usernames, session records, and messages to us. We have zero tolerance for objectionable content and abusive behavior.

8.1 Gambling-specific rules

8.2 Respect for people

8.3 Honesty and integrity

8.4 Other prohibited content

9. Moderation, enforcement, and appeals

10. Virtual chips, XP, and other virtual items

Chips used in simulators, XP, levels, streaks, badges, and any other virtual items (“Virtual Items”):

Simulator play does not award prizes, and simulator results are not a record of real-world gambling. Any attempt to obtain Virtual Items through exploits, automation, or unauthorized means is a violation of these Terms.

11. Casino directory, community data, and reviews

12. Pro subscription

13. Third-party services and links

The Service links to and interoperates with services we do not control, including Google Maps, responsible-gambling help resources, your device’s camera and photo library, and the Apple App Store and Google Play. We are not responsible for the content, accuracy, availability, or practices of third-party services, and your use of them is governed by their own terms and policies. A link is not an endorsement.

14. Copyright complaints (DMCA)

We respect intellectual-property rights and expect users to do the same. If you believe content on the Service infringes your copyright, send a notice to our designated agent containing: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the infringing material and enough information for us to locate it (for example a link or username and date); (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act for the owner.

Designated agent: Copyright Agent, Floorside LLC, 7901 4th St N, Ste 300, St. Petersburg, FL 33702, hello@floorside.co.

If your content was removed in response to a notice and you believe it was removed in error, you may send a counter-notice meeting the requirements of 17 U.S.C. § 512(g)(3). We may terminate the accounts of repeat infringers in appropriate circumstances. Knowingly misrepresenting that material is infringing may make you liable for damages under 17 U.S.C. § 512(f).

15. Termination

16. Disclaimers

THE SERVICE, INCLUDING ALL CONTENT, COURSES, SIMULATORS, DIRECTORY DATA, STATISTICS, AND VIRTUAL ITEMS, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THIS, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT ANY ODDS, HOUSE-EDGE FIGURES, STRATEGY, OR OTHER CONTENT IS ACCURATE, COMPLETE, OR CURRENT; THAT ANY SIMULATOR REPRESENTS THE RULES OR OUTCOMES OF ANY REAL GAME; OR THAT USING THE SERVICE WILL IMPROVE YOUR RESULTS OR REDUCE YOUR LOSSES WHEN GAMBLING. YOU ASSUME ALL RISK ARISING FROM GAMBLING AND FROM YOUR USE OF THE SERVICE AND ANY RELIANCE ON ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FLOORSIDE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY GAMBLING LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US THROUGH THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US$100. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR GROSS NEGLIGENCE. IF YOU ARE A CONSUMER IN THE EEA OR UK, NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS.

18. Indemnification

You agree to defend, indemnify, and hold harmless Floorside and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to (a) Your Content, (b) your use of the Service, (c) your violation of these Terms or of any law, or (d) your violation of any third party’s rights, including a casino’s rules or another person’s privacy or intellectual-property rights. We may assume the exclusive defence of any matter subject to indemnification, in which case you will cooperate with us. This section does not apply to consumers in jurisdictions where such indemnities are not enforceable.

19. Release

Floorside is not a party to disputes between users, or between users and casinos or other third parties. To the extent permitted by law, you release Floorside from all claims, demands, and damages arising out of or connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

20. Governing law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Florida and the federal laws of the United States, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs section 21. If you are a consumer residing in the EEA, UK, or another jurisdiction whose law requires it, you also benefit from any mandatory provisions of the law of your country of residence.

21. Dispute resolution: arbitration agreement and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING A CLAIM IN COURT AND TO PARTICIPATE IN A CLASS ACTION. THIS SECTION DOES NOT APPLY TO CONSUMERS IN THE EEA, UK, OR OTHER JURISDICTIONS WHERE MANDATORY ARBITRATION OF CONSUMER DISPUTES IS NOT PERMITTED.

21.1 Informal resolution first

Before starting arbitration or a lawsuit, you and we agree to try to resolve any dispute informally. Send a written notice to hello@floorside.co (or we will send one to the email on your account) describing the dispute and the relief you want. If the dispute is not resolved within 60 days after the notice is received, either party may start arbitration as described below. Statutes of limitation are tolled during this period.

21.2 Binding arbitration

Except for the matters in 21.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including its formation, interpretation, enforceability, or the arbitrability of any claim — will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by this section. The Federal Arbitration Act governs this section. The arbitrator may award the same relief a court could award to an individual and must follow these Terms. Arbitration will take place in Broward County, Florida or, at your election, by video, telephone, or written submissions. We will pay the AAA filing and arbitrator fees for claims under US$10,000 unless the arbitrator finds the claim frivolous.

21.3 Class-action and jury-trial waiver

YOU AND FLOORSIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court, not in arbitration, and the rest of this section still applies. To the extent permitted by law, you and we each waive the right to a jury trial.

21.4 Exceptions

Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in court to protect intellectual-property rights or to stop unauthorized use of the Service. Claims under section 14 (copyright notices) are not subject to arbitration.

21.5 30-day opt-out

You may opt out of this arbitration agreement by emailing hello@floorside.co within 30 days of first accepting these Terms, with the subject “Arbitration opt-out,” your username, and a statement that you opt out. Opting out does not affect any other part of these Terms.

21.6 Court proceedings

If for any reason a claim proceeds in court rather than arbitration, it must be brought exclusively in the state or federal courts located in Broward County, Florida, and you and we consent to their personal jurisdiction, except that consumers may bring claims in the courts of their country of residence where the law requires.

21.7 Changes to this section

If we change this section after you accepted these Terms, you may reject the change by emailing us within 30 days of the change, in which case the previous version applies to disputes arising before the change.

22. Apple App Store and Google Play terms

If you downloaded the app from the Apple App Store, the following also applies:

Questions about the app should be directed to Floorside at hello@floorside.co, not to Apple.

If you downloaded the app from Google Play, your use is also subject to the Google Play Terms of Service, and Google is not responsible for the app or these Terms.

23. Export controls and sanctions

You may not use or export the Service in violation of U.S. export laws and regulations or the laws of your country. You represent that you are not a person or entity with whom U.S. persons are prohibited from dealing under applicable sanctions laws.

24. Changes to these Terms

We may modify these Terms from time to time. When we do, we will post the updated Terms in the app with a new effective date. For material changes we will, where practical, tell you in the app or by email before they take effect, except where a change is needed immediately to comply with law or address a security issue. If you continue to use the Service after the effective date, you accept the updated Terms. If you do not agree, you must stop using the Service and may delete your account.

25. General

26. Contact

Floorside LLC, doing business as Floorside
7901 4th St N, Ste 300, St. Petersburg, FL 33702
hello@floorside.co