Terms of Service

TooTall Gaming

Effective date: July 22, 2026

Last updated: August 2, 2026

Version: 1.1

1. The short version

TooTall Gaming is a platform for free social sports games. You join a private, invite-only pool with people you know, you make picks, you get points, and you get bragging rights.

Everything on TooTall Gaming is free to play. There is no entry fee, no prize, no money, and no gambling of any kind — in any game we offer, now or ever.

This page is the contract between you and us. The summary boxes throughout are for readability only — the numbered text is what controls. Two sections deserve your attention before you agree:

Section 18 requires most disputes to go to individual arbitration instead of court, and waives class actions. You can opt out of arbitration within 30 days — Section 18.8 tells you how.
Section 16 limits what we owe you if something goes wrong.

2. Who we are and what this covers

These Terms of Service ("Terms") are a binding agreement between you and Mic Drop Ventures, LLC, a Florida limited liability company ("Mic Drop Ventures," "we," "us," or "our"), which operates the TooTall Gaming platform.

2.1 What these Terms cover. These Terms govern your access to and use of:

(a) the TooTall Gaming website at tootallgaming.com and all of its subdomains;

(b) all games, products, and applications we offer under the TooTall Gaming brand, including web applications and mobile applications for iOS and Android (each, a "Product"); and

Together, all of the above are the "Service." These Terms are platform-wide. They apply to every Product we offer, now and in the future, and to your TooTall Gaming account itself.

2.2 Products. The Products currently available are identified on our website and within the Service. We may add, rename, change, or discontinue Products at any time. A new Product is covered by these Terms automatically when we launch it, without any need for us to issue new terms or for you to accept anything further.

2.3 Supplemental Product terms. If a particular Product requires additional or different terms, we will present those supplemental terms to you before or when you first use that Product, and they will apply to that Product in addition to these Terms. If supplemental terms conflict with these Terms, the supplemental terms control for that Product only, except that Sections 5 and 6 of these Terms may never be modified, waived, or superseded by supplemental terms for any Product.

2.4 One account across the platform. Your TooTall Gaming account is a single account that works across all Products. Your account information, profile photo, nickname, blocks, and account status apply platform-wide, not per Product.

2.5 Acceptance. By creating an account, or by otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service.

If you are agreeing on behalf of an organization, you represent that you have authority to bind it.

3. Eligibility and age

In short: 13 and up. We are not built for children under 13, and we delete under-13 accounts when we learn of them.

3.1 Minimum age. You must be at least 13 years old to create an account or use the Service. By using the Service, you represent that you are 13 or older.

3.2 No children under 13. The Service is not directed to children under 13, and we do not knowingly collect personal information from anyone under 13. If we learn that an account belongs to a person under 13, we will terminate that account and delete the associated personal information. See Section 11 of our Privacy Policy.

3.3 Minors. If you are under 18 (or the age of majority where you live), you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf and to be responsible for your use of the Service.

3.4 Geography. The Service is offered from the United States and is intended for users located in the United States. We make no representation that the Service is appropriate or available in other locations. If you access the Service from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

3.5 Suspended users. If we have previously terminated your account or barred you from the Service, you may not create a new account without our written permission.

4. Your account

4.1 Registration. You may create an account using an email address and password, or by signing in with Apple or Google. You agree to provide accurate information and to keep it current.

4.2 Security. You are responsible for everything that happens under your account and for keeping your credentials confidential. Tell us promptly at support@tootallgaming.com if you suspect unauthorized use. We are not liable for losses caused by someone else's use of your account that does not result from our failure to maintain reasonable security.

4.3 One account. One account per person, across the entire platform. A single TooTall Gaming account gives you access to every Product; you do not create a separate account per Product. Do not create accounts for other people, share your account, or transfer it. Your account is personal to you and has no monetary value.

4.4 Beta access. Parts of the Service may be offered as a closed or limited beta. Beta features are provided as-is, may change or disappear without notice, and may contain defects. Data created during a beta period may be reset or deleted.

4.5 Deleting your account. You can delete your account at any time from within the Service. Section 20.3 and our Privacy Policy explain what happens to your information and your content when you do.

5. The Service is free to play — no wagering, no prizes, no money

In short: This is the most important section in these Terms. There is no money anywhere on TooTall Gaming. Not in any Product, not in, not out, not ever.

5.0 This section is platform-wide. This Section 5 applies to the entire TooTall Gaming platform and to every Product on it, including every Product we may launch in the future. It cannot be modified, waived, or superseded by supplemental Product terms.

5.1 No cost. The Service is provided free of charge. There is no entry fee, subscription fee, membership fee, or charge of any kind to create an account, access any Product, join or create a pool or contest, submit picks or entries, or use any feature of the Service.

5.2 No payment functionality. The Service does not contain, and is not designed to contain, any payment mechanism. We do not accept, process, hold, transmit, or transfer money or anything of value. We do not offer in-app purchases. We do not accept credit cards, debit cards, bank transfers, cryptocurrency, gift cards, or any other form of payment or consideration.

5.3 No prizes. We do not offer, award, sponsor, administer, fund, or distribute any prize, award, jackpot, payout, or thing of value — monetary or non-monetary — in connection with the Service, any Product, or any pool, contest, standing, or outcome on the Service.

5.4 XP has no value. "XP" is a points system used across the Service to display standings and reflect performance. XP is not currency. XP is not property. XP has no cash value and no monetary value of any kind. XP cannot be purchased, sold, traded, transferred, gifted, exchanged, cashed out, redeemed, or converted into money, goods, services, or anything else of value, on or off the Service. XP exists solely to rank and display results. We may adjust, recalculate, reset, or eliminate XP at any time, including to correct errors, and doing so gives rise to no claim of any kind.

5.5 No wagering; no consideration. Nothing on the Service constitutes or facilitates a bet, wager, stake, ante, buy-in, purchase, entry fee, or other consideration. No user gives anything of value to participate, and no user receives anything of value as a result of any outcome. The Service and every Product on it are free social games of prediction, skill, and comparison. The Service is not a gambling service, a sports betting service, a daily fantasy sports contest, a sweepstakes, a lottery, a raffle, a contest of chance, or a promotion, and it is not offered as any of those things.

5.6 Point spreads are a scoring input only. Some Products and pools may score picks against a published point spread. Point spread data is used exclusively as an input to determine whether a pick is scored correct or incorrect. We do not offer, accept, broker, place, facilitate, or transmit any wager against a point spread or otherwise. Point spread data is obtained from third-party sources, may be inaccurate or delayed, and is not offered as betting information, as odds for wagering purposes, or as any recommendation.

5.7 No affiliation with any league, team, or sportsbook. TooTall Gaming and its Products are not affiliated with, endorsed by, sponsored by, or associated with any professional or amateur sports league, association, governing body, conference, club, team, or educational institution, or with any sportsbook, casino, or gaming operator. All league, team, school, and event names, logos, and marks are the property of their respective owners. We use them solely nominatively, to identify the real-world events users pick, and we claim no affiliation, sponsorship, or endorsement.

5.8 No betting advice. Nothing on the Service is gambling advice, betting advice, handicapping advice, or a recommendation to place any wager. We express no view on whether you should gamble, and we do not encourage you to do so.

6. Off-platform arrangements are yours alone

In short: If you and your friends decide to put money on it somewhere else, that is entirely between you. We have nothing to do with it, we don't want to know about it, and we accept no responsibility for it.

6.1 The Service has no stakes. As stated in Section 5, the Service contains no mechanism to create, record, track, collect, hold, calculate, distribute, or enforce any stake, pot, buy-in, entry fee, prize, or payout. No such field, feature, or capability exists in the Service.

6.2 Private arrangements are outside the Service. We are aware that users may, entirely independently of the Service and without our knowledge, involvement, or participation, make private arrangements among themselves — including arrangements involving money or other consideration — that reference results displayed on the Service. Any such arrangement is not part of the Service, is not authorized by us, and is not permitted under these Terms.

6.3 Prohibition. You may not use the Service to organize, promote, advertise, solicit, administer, record, or facilitate any wager, betting pool, stakes pool, entry-fee pool, prize pool, or other arrangement in which anything of value is given, risked, or received based on outcomes displayed on the Service. This prohibition applies to all Service surfaces, including Smack Talk, pool names, pool descriptions, nicknames, profile photos, and any other field in which you can enter text or content. Violations may result in content removal, pool termination, or account termination under Section 12.

6.4 No knowledge; no responsibility. We do not collect, request, record, or possess any information about whether any pool involves off-platform stakes, and we have no practical ability to detect it. No field, feature, or data element in the Service captures or relates to any such arrangement. We do not monitor for, and disclaim all knowledge of and responsibility for, any off-platform arrangement between users. To the fullest extent permitted by law, we have no liability of any kind arising out of or relating to any arrangement, transaction, dispute, loss, debt, or claim between users that occurs outside the Service, including any arrangement involving money or other consideration, whether or not it references results displayed on the Service. You are solely responsible for your own conduct and for compliance with all laws that apply to you, including any gambling, gaming, or wagering law in your jurisdiction.

6.5 Commissioners. A user who creates a pool (a "commissioner") acts solely in a personal capacity. A commissioner is not our agent, employee, partner, representative, or affiliate, has no authority to bind us or to make any commitment on our behalf, and is not authorized to conduct any activity described in Section 6.3 through the Service. Commissioners are responsible for their own conduct, for the pools they run, and for the members they invite.

7. Gameplay: pools, picks, scoring, and standings

This Section states the general rules for play across the platform. Individual Products may add specific rules, which we present in-Product.

7.1 How it works. Products on the Service are organized around private, invite-only pools. A member creates a pool, configures its settings, and invites others (the "commissioner"). Members submit entries — picks, predictions, rankings, or the equivalent — before applicable deadlines. The Service scores entries automatically and displays standings.

7.1.1 Product-specific rules. Scoring methods, deadlines, tiebreakers, the set of events available to pick, and other rules vary by Product and by how a commissioner configures a pool. The rules in effect for a pool are shown within that pool, and they govern play there.

7.2 Deadlines and locks. Entries lock at times determined by the Service and by pool configuration. It is your responsibility to submit picks before the applicable lock. We are not responsible for picks that are not submitted, are submitted late, or are not received for any reason, including device failure, connectivity problems, application errors, or Service downtime.

7.3 Third-party data. Schedules, start times, event results, scores, and point spread data come from third-party sources. This data may be delayed, incomplete, interrupted, or wrong. We do not guarantee its accuracy, timeliness, or availability, and we are not responsible for consequences of errors in it.

7.4 Automated scoring; corrections. Scoring, standings, tiebreakers, and XP are calculated automatically according to the rules configured for a pool. We may correct scoring, standings, XP, or other results at any time, including retroactively, to fix errors in data or in our calculations. Because there is nothing of value at stake (Section 5), no correction, error, or recalculation gives rise to any claim.

7.5 Automated participants. The Service may include automated participants (for example, "PickBot") that make picks according to a defined method. Automated participants are a game feature and are disclosed within the Service.

7.6 No guaranteed availability. We do not guarantee that the Service will be available at any particular time, including immediately before a deadline or while events are in progress.

8. Your content and ours

In short: Your content stays yours. We need permission to display it inside the Service, and to keep the Service running and safe. The Service itself — the software, the designs, and the game systems — is ours.

8.1 What "User Content" means. "User Content" means anything you submit, post, upload, or transmit through the Service, including Smack Talk posts, emoji reactions, GIF selections, profile photos, nicknames, pool names, pool descriptions, picks, and any other material you provide.

8.2 You own your content. As between you and us, you retain all rights you have in your User Content. These Terms do not transfer ownership.

8.3 License to us. You grant Mic Drop Ventures a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable (only to our service providers, and only for the purposes below), transferable license to host, store, reproduce, cache, modify (for technical purposes such as resizing, cropping, format conversion, and thumbnail generation), adapt, transmit, publicly display, and distribute your User Content, solely for the purposes of:

(a) operating, providing, and maintaining the Service, including displaying your User Content to other members of pools you belong to;

(b) backing up, securing, and restoring the Service;

(d) responding to reports, investigating violations, and enforcing these Terms; and

(e) complying with law, including preservation and reporting obligations.

8.4 No promotional use without permission. We will not use your profile photo, nickname, or Smack Talk content in advertising, marketing, or promotional materials outside the Service without your separate permission.

8.5 Duration. This license lasts as long as your User Content is on the Service, and continues afterward to the extent necessary for backups, legal compliance, dispute resolution, and the retention described in Section 20.3 and our Privacy Policy. For User Content retained under Section 20.3 after your account is deleted, the license expressly continues for as long as we retain that content, including the right to host, store, reproduce, and publicly display it to members of the pools where you posted it, under the anonymized identity described in Section 20.3.

8.6 Your representations. For each item of User Content, you represent and warrant that:

(a) you own it or have all rights necessary to grant the license in Section 8.3;

(b) it does not infringe or violate anyone's copyright, trademark, publicity, privacy, or other rights;

(d) for photos, you have the right to upload the photo and to have it displayed, and you have obtained any consent required from anyone depicted in it.

8.7 No obligation to store. We are not a backup service. We may delete User Content at any time, and we have no obligation to store, retain, or return it. Keep your own copies of anything you care about.

8.8 What we own. Except for User Content and the third-party content described in Sections 5.7 and 14, Mic Drop Ventures owns all right, title, and interest in and to the Service — including the software, source code, designs, graphics, user interfaces, game formats, and the scoring, standings, and XP systems — and in the TooTall Gaming name and logo, the names and logos of our Products, and our other trademarks and brand features. These Terms grant you no rights in any of the above other than the limited right to use the Service as they describe. All rights not expressly granted are reserved.

8.9 Feedback. If you send us suggestions, feature requests, bug reports, or other ideas about the Service ("Feedback"), you agree that Feedback is not confidential, and you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, copy, modify, and build on it for any purpose, without compensation, attribution, or any obligation to you. This applies however you send it — through the Service, by email, or anywhere else. Feedback does not change who owns your User Content (Section 8.2).

9. Acceptable use

In short: Be a person your friends would want in the group chat.

9.1 Prohibited content. You may not submit, post, upload, or transmit any content that:

(a) sexually exploits or endangers a minor in any way, or that depicts a minor in a sexualized manner. This is absolutely prohibited, is reported to the National Center for Missing & Exploited Children as required by law, and results in immediate and permanent account termination;

(b) is sexually explicit, pornographic, or obscene;

(c) is a slur, or that attacks, degrades, demeans, threatens, or promotes hatred or violence against a person or group based on race, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, disability, age, veteran status, or any other protected characteristic;

(d) threatens, incites, or promotes violence, self-harm, or suicide;

(e) harasses, bullies, stalks, intimidates, or targets any person for abuse;

(f) is defamatory, libelous, or knowingly false in a way that harms another person;

(g) depicts graphic violence, gore, or cruelty;

(h) promotes or facilitates illegal activity, including the sale of illegal drugs, weapons, or other controlled goods;

(i) invades another person's privacy, or discloses another person's private or personal information (including a real name, address, phone number, email address, workplace, or image) without their consent;

(j) infringes anyone's intellectual property or other rights;

(k) contains malware, viruses, or harmful code;

(l) is spam, chain messaging, phishing, a scam, or unsolicited commercial advertising; or

(m) violates Section 6.3 (off-platform stakes, wagering, or betting arrangements).

9.2 Prohibited conduct. You may not:

(a) impersonate any person or entity, including another user, a public figure, or a representative of ours;

(b) use another person's photo, likeness, or identity as your own;

(d) probe, scan, or test the vulnerability of the Service, or breach or circumvent any security, authentication, rate-limiting, or access-control measure;

(e) use bots, scrapers, crawlers, or automated means to access the Service or to extract data from it, or use the Service or any data or content from it to create a dataset or to train, develop, benchmark, or improve any artificial-intelligence or machine-learning model or system, except as we expressly permit;

(f) interfere with, disrupt, overload, or degrade the Service or its infrastructure;

(g) reverse engineer, decompile, or disassemble any part of the Service, except where that restriction is prohibited by law;

(h) copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Service or its content;

(i) remove, obscure, or alter any proprietary notice;

(j) manipulate scoring, standings, or XP, or exploit bugs or errors for advantage;

(k) create or use multiple accounts to gain an advantage, to evade a block, mute, or ban, or to circumvent any enforcement action;

(l) use the Service to solicit personal information from a minor, or to contact a minor for any improper purpose;

(m) use the Service for any commercial purpose without our written permission; or

(n) violate any applicable law, or encourage or assist anyone else in doing any of the above.

9.3 It applies everywhere. Sections 9.1 and 9.2 apply to every part of the Service where you can enter content, including Smack Talk, nicknames, profile photos, pool names, pool descriptions, and invitation messages.

10. Smack Talk

10.1 What it is. Smack Talk is a platform feature available within Products. It is text chat scoped to a single pool, visible to members of that pool. It supports emoji reactions and GIFs selected from a pre-approved, pre-moderated catalog. You cannot upload images to Smack Talk.

10.2 Automated filtering. We apply an automated server-side filter that blocks certain categories of harmful content, including slurs, explicit sexual content, and certain threatening or self-harm content. This filter is imperfect. It will miss things, and it will sometimes block things it shouldn't. It is not a substitute for your own judgment, and its existence does not mean we review or approve anything that gets through.

10.3 Commissioner tools. A pool commissioner can remove posts within their pool and mute members of their pool. Commissioners exercise these tools in their own discretion and not on our behalf.

10.4 Reporting and blocking. Any member can report a post. Any member can block another member. Blocking applies across the whole platform, and it works like this:

What you stop seeing: the blocked member's posts, mentions, and profile photo are hidden from you everywhere on the Service.
What they still see: blocking does not hide your posts or your photo from them, and they are not told that you blocked them.
What stops in both directions: neither of you can @-mention the other or trigger notifications to the other.

Blocking is a visibility tool for you, not a removal tool. If someone's conduct violates these Terms, report it — blocking alone does not bring it to our attention.

10.5 Rate limits. We apply rate limits to Smack Talk. We may adjust them at any time.

10.6 Not private. Smack Talk is not private, confidential, encrypted end-to-end, or protected from disclosure. Anything you post is visible to other members of the pool, is stored on our systems, and may be reviewed by us in connection with a report, an investigation, a legal obligation, or the operation of the Service. Do not post anything you would not want read by others, including us.

10.7 Content survives deletion. If you delete your account, your Smack Talk posts are not deleted. They remain visible in the pool, attributed to "Deleted user." Section 20.3 explains this in full. Do not post personal information about yourself in Smack Talk that you would not want to remain visible after you leave.

11. Member photos

In short: You can upload a profile photo. It is reviewed before anyone else sees it. Keep it appropriate, keep it yours, and understand that we can remove it.

11.1 Optional feature. You may upload a photo to display as your profile avatar. This is optional — you can use the Service without one. Your profile photo is part of your TooTall Gaming account and appears wherever your avatar is displayed, in every Product you use.

11.2 One-time photo policy acceptance. Before your first upload, you must accept our Photo Policy. Acceptance is required by our systems and cannot be skipped. The Photo Policy is incorporated into these Terms by reference; if it conflicts with this Section 11, this Section 11 controls.

11.3 Photo rules. Your profile photo must:

(a) be appropriate for a general audience, including users as young as 13;

(b) not contain nudity, sexual content, or sexually suggestive content;

(d) not depict or sexualize a minor in any way;

(e) not impersonate another person, and not use another person's photo or likeness as your own;

(f) not infringe anyone's copyright, trademark, or other rights;

(g) not contain advertising, solicitation, or promotional content; and

(h) not otherwise violate Section 9.

If a photo shows another identifiable person, you must have their permission — and if that person is a minor, the permission of their parent or guardian.

11.4 Screening before publication. We screen uploaded photos before publishing them. An uploaded photo is held privately, and our systems are designed not to display it to anyone else until it passes automated screening. Screening classifies images for explicit content; images identified as clearly explicit are rejected and are not published. Screening is automated and may occasionally be delayed, bypassed, or fail. We do not guarantee that any particular photo was screened, and publication is not our review or approval of it. Screening is described in our Privacy Policy, including our statement that it is content classification and not facial recognition, biometric identification, or identity matching.

11.5 Additional screening on delivery. Images that are published and delivered through our media systems are additionally screened by a hash-matching tool that detects known child sexual abuse material. This check runs on delivery only — a photo rejected at upload is deleted without being hash-scanned, because it is never delivered.

11.6 Automated screening is not approval. Automated screening is imperfect and may fail to catch violating content or may reject acceptable content. Publication of a photo is not our review, endorsement, or approval of it. We may remove any photo at any time, whether or not it passed screening.

11.7 Our license to display. You grant us the license described in Section 8.3 with respect to your photo, including the right to store it, resize and crop it, generate thumbnails, screen it, and display it to other members of pools you belong to and anywhere else in the Service your avatar appears.

11.8 Reporting. Any member can report a photo or a nickname from within the Service. Reports go to a review queue monitored by our operators. We may remove a photo, reset a nickname, suspend an account, terminate an account, or dismiss a report, in our discretion.

11.9 Removing your photo. You can remove or replace your photo at any time from your account settings. When you delete your account, your photo is deleted from our database and from our image storage. One exception: if an image is involved in a suspected child sexual abuse material incident, federal law requires us to preserve a segregated copy for one year after we report it, regardless of any deletion. See Section 8.4 of our Privacy Policy.

12. Moderation, enforcement, and our rights

12.1 No obligation to monitor. We have no obligation to monitor, screen, review, or edit User Content. We may do so, at our discretion, but we do not undertake to do so and are not liable for failing to. Our use of automated filtering and screening tools does not create any duty to monitor, does not guarantee that violating content will be detected, and does not make us the author, publisher, or endorser of any User Content.

12.2 Our rights. We may, at any time, with or without notice, and in our discretion:

(a) remove, delete, hide, disable, restrict, or refuse to display any User Content;

(b) reset or change a nickname;

(d) issue a warning;

(e) restrict or suspend features for an account;

(f) suspend or terminate an account;

(g) remove a user from a pool, or terminate a pool;

(h) preserve and disclose User Content and account information where we believe in good faith that doing so is required by law, necessary to enforce these Terms, or necessary to protect the rights, safety, or property of any person; and

(i) refuse service to anyone for any lawful reason.

12.3 We are not obligated to explain. We may take action under Section 12.2 without providing a reason, prior notice, or an appeal, though we may choose to do any of those.

12.4 Child sexual abuse material. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children as required by 18 U.S.C. § 2258A, preserve related material as required by law, and terminate the accounts involved. We cooperate fully with law enforcement in these matters.

12.5 Not a decision about you. An enforcement action under this Section is a decision about content or conduct on our Service. It is not a determination about you as a person, and it is not a legal finding.

12.6 Section 230. We are an interactive computer service provider under 47 U.S.C. § 230. We are not the publisher or speaker of User Content provided by others, and moderating content does not change that.

13. Copyright and DMCA policy

13.1 We respond to takedown notices. We respect intellectual property rights and respond to properly submitted notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512.

13.2 How to send a notice. If you believe content on the Service infringes your copyright, send a written notice to our designated Copyright Agent that includes all of the following:

(a) a physical or electronic signature of the copyright owner or a person authorized to act for them;

(b) identification of the copyrighted work claimed to be infringed;

(c) identification of the material claimed to be infringing, with enough detail for us to locate it (for example, a pool name, a nickname, a post, and an approximate date);

(d) your name, mailing address, telephone number, and email address;

(e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf.

Designated Copyright Agent (registered with the U.S. Copyright Office DMCA Designated Agent Directory) DMCA Compliance Mic Drop Ventures, LLC 7901 4th St N, Suite 300 St. Petersburg, FL 33702 Telephone: (448) 777-6754 Email: info@micdropventures.com

13.3 Incomplete notices. A notice missing the elements in Section 13.2 may not be effective. Misrepresenting that material is infringing may subject you to liability for damages under 17 U.S.C. § 512(f).

13.4 What we do. On receipt of a valid notice, we will remove or disable access to the material and take reasonable steps to notify the user who provided it.

13.5 Counter-notice. If your content was removed and you believe it was removed by mistake or misidentification, you may send a counter-notice to the Copyright Agent containing:

(a) your physical or electronic signature;

(b) identification of the removed material and where it appeared before removal;

(c) a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification;

(d) your name, address, and telephone number; and

(e) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, the Northern District of Florida), and that you will accept service of process from the person who sent the original notice or their agent.

If we receive a valid counter-notice, we may restore the material in 10–14 business days unless the original complainant notifies us that they have filed an action seeking a court order.

13.6 Repeat infringers. We have adopted and will reasonably implement a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. We may also terminate an account for a single egregious infringement. Determinations under this Section are made in our discretion, based on the circumstances.

13.7 Trademark and other claims. For trademark, right-of-publicity, or other non-copyright claims, contact support@tootallgaming.com with a description of the claim and the content at issue.

14. Third-party services and content

14.1 GIFs. GIF search and delivery are provided by a third party. GIFs are third-party content, are subject to that provider's terms, and are not created, owned, or endorsed by us. We restrict the catalog to a rating intended to be appropriate for general audiences, but we do not control, review, or guarantee the content of any individual GIF.

14.2 Sign-in providers. If you sign in with Apple or Google, your use of that sign-in is subject to that provider's terms and privacy policy.

14.3 Sports data. Schedules, results, and point spread data come from third parties. See Section 7.3.

14.4 Links. The Service may link to third-party sites. We do not control them, do not endorse them, and are not responsible for them.

14.5 No assumption of responsibility. Your dealings with third parties are between you and them.

15. Disclaimers

In short: The Service is free and provided as-is.

15.1 As-is. THE SERVICE, INCLUDING ALL CONTENT, FEATURES, DATA, AND FUNCTIONALITY, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND.

15.2 Disclaimer of warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, MIC DROP VENTURES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

15.3 Specific disclaimers. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: the Service will be uninterrupted, timely, secure, or error-free; picks will be received, recorded, or scored correctly; sports data, schedules, results, or point spreads will be accurate, complete, or timely; standings, tiebreakers, or XP will be free of error; content filtering, image screening, or moderation will detect or block any particular content; defects will be corrected; or the Service will be free of harmful components.

15.4 User content and conduct. WE ARE NOT RESPONSIBLE FOR USER CONTENT OR FOR THE CONDUCT OF ANY USER, on or off the Service. We do not vet users. We do not conduct background checks. Interactions with other users are at your own risk.

15.5 Off-platform arrangements. See Section 6.4.

15.6 Statutory rights. Some jurisdictions do not allow the exclusion of certain warranties. In those places, the exclusions above apply to the fullest extent permitted, and you may have rights that these Terms cannot limit.

15.7 Entertainment only; no reliance. The Service and everything it displays — including scores, schedules, results, point spreads, standings, rankings, and XP — are provided for entertainment purposes only. You agree not to rely on the Service or on anything displayed on it for any financial, legal, business, or other significant decision.

16. Limitation of liability

16.1 Excluded damages. TO THE FULLEST EXTENT PERMITTED BY LAW, MIC DROP VENTURES AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, REPUTATION, OR OTHER INTANGIBLE LOSSES, arising out of or relating to these Terms or the Service, whether based in contract, tort (including negligence), strict liability, statute, or any other theory, and whether or not we were advised of the possibility of such damages.

16.2 Liability cap. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) ONE HUNDRED U.S. DOLLARS ($100), OR (b) THE TOTAL AMOUNTS YOU PAID US, IF ANY, IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. You acknowledge that the Service is provided free of charge and that this cap reflects a reasonable allocation of risk without which we would not offer the Service.

16.2.1 Savings clause. If applicable law requires a higher minimum limitation of liability than the cap in Section 16.2, the cap is instead the minimum amount that law permits.

16.2.2 Independence of the exclusions. The exclusions in Section 16.1 apply independently of, and survive any finding regarding the validity or enforceability of, the cap in Section 16.2.

16.3 Basis of the bargain. The disclaimers in Section 15 and the limitations in this Section 16 are fundamental elements of the agreement between us and apply even if a limited remedy fails of its essential purpose.

16.4 Exceptions. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, fraud, willful misconduct, or death or personal injury caused by negligence, where the law prohibits limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above may not apply to you.

17. Indemnification

17.1 Your indemnity. You agree to defend, indemnify, and hold harmless Mic Drop Ventures and its members, managers, officers, employees, contractors, agents, and service providers from and against any claim, demand, action, proceeding, loss, liability, damage, judgment, settlement, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:

(a) your User Content;

(b) your use of the Service;

(d) your violation of any law or of any right of any third party, including intellectual property, privacy, and publicity rights;

(e) any dispute between you and another user, including any arrangement described in Section 6;

(f) any pool you create, administer, or participate in; and

(g) any wager, stake, pot, entry fee, prize, or other value-based arrangement you organize, join, promote, or reference in connection with the Service, and any claim by any person — including any government authority — that such an arrangement occurred through the Service or with our involvement.

17.2 Process. We may assume exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate with our defense. You may not settle any matter in a way that imposes an obligation on us without our prior written consent.

18. Dispute resolution — arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS — SEE SECTION 18.8.

18.1 Informal resolution first. Before starting an arbitration or a lawsuit, you and we agree to try to resolve the dispute informally for at least 60 days. To start, send a written Notice of Dispute to support@tootallgaming.com (if you are sending it) or to your account email address (if we are sending it). The Notice must include your name, the email address on your account, a description of the dispute, and the relief you are seeking. This informal process is a condition precedent to starting arbitration, and the 60 days is tolled while it runs. Either party may bring an action to compel compliance with this Section, and any applicable limitations period is tolled during the 60-day period.

18.2 Agreement to arbitrate. If the dispute is not resolved within 60 days, you and Mic Drop Ventures agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your account, your User Content, or your relationship with us — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after termination of these Terms — will be resolved by binding individual arbitration rather than in court. This includes disputes about the interpretation, scope, applicability, enforceability, or formation of this arbitration agreement, except as stated in Section 18.5.

18.3 Exceptions. This Section does not apply to:

(a) claims that qualify for small claims court, so long as they remain individual claims in that court;

(b) claims for injunctive or equitable relief relating to intellectual property, unauthorized access, or misuse of the Service; and

18.4 Rules and administration. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The rules are at adr.org. If the AAA is unavailable or unwilling to administer consistently with these Terms, the parties will agree on an alternative administrator, or a court of competent jurisdiction will appoint one. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

18.5 Class action and representative action waiver. YOU AND MIC DROP VENTURES 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, may not preside over any form of class or representative proceeding, and may award relief only to the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

This waiver is a standalone agreement and applies in every forum. It applies in arbitration, in court, and in any other proceeding, and it applies whether or not you or we are bound by the arbitration agreement in Sections 18.2 through 18.7. It survives, and is not affected by, any opt-out under Section 18.8, any finding that the arbitration agreement is unenforceable, and any determination that a claim must proceed in court.

Enforceability of this waiver is for a court, not an arbitrator, to decide. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request must be severed and brought in court, and the remaining claims proceed in arbitration and are stayed pending the court proceeding.

18.6 Coordinated filings. If 25 or more similar demands for arbitration are filed against us by or with the assistance of the same or coordinated counsel, the following applies.

(a) Bellwether stage. The parties will first select up to 10 demands (5 chosen by claimants' counsel, 5 by us) to proceed as bellwether arbitrations. All other demands are held in abeyance, and any applicable statute of limitations is tolled for them.

(b) Mediation off-ramp. After the bellwether awards issue, the parties will participate in a single global mediation before a mutually agreed mediator, over a period of at least 30 days, before any further demand is commenced.

(c) Sequential batching. If mediation does not resolve the remaining demands, they will be administered in sequential batches of no more than 50, each heard by a single arbitrator, with no batch commencing until the prior batch is resolved or the parties agree otherwise. Limitations periods remain tolled for claims awaiting their batch.

(d) Fees. No filing, administrative, arbitrator, case-management, or other fee of any kind is assessable against or payable by Mic Drop Ventures with respect to any demand that has not been commenced under paragraph (a) or (c).

(e) Administrator. If the administrator will not administer the demands consistent with this Section, the alternative-administrator provision of Section 18.4 applies.

18.7 Procedure, location, and fees. Arbitration will be conducted by a single arbitrator. Unless the parties agree otherwise, arbitration will be conducted by written submissions, telephone, or videoconference. If an in-person hearing is required, it will take place in the federal judicial district where you reside, or another location the parties agree on. Payment of filing, administrative, and arbitrator fees is governed by the AAA rules; where those rules require us to pay a fee that you would otherwise owe, we will pay it. Each party bears its own attorneys' fees except where a statute or the arbitrator's award provides otherwise. The arbitrator's award is final and binding and may be entered in any court of competent jurisdiction. The arbitrator may award any relief available in court on an individual basis, including statutory damages and attorneys' fees where authorized by law.

18.8 How to opt out of arbitration. You can reject this arbitration agreement. To do so, send an email to support@tootallgaming.com with the subject line "ARBITRATION OPT-OUT", including your name and the email address on your account, within 30 days of the date you first accept these Terms (or, if we materially change this Section 18, within 30 days of that change). Opting out has no effect on your account or your use of the Service. If you opt out, Sections 18.2 through 18.7 do not apply to you, and Section 19 governs. Opting out does not affect Section 18.5, which is a standalone waiver that continues to apply to you in any forum.

18.9 Survival. This Section survives termination of these Terms and of your account.

19. Governing law and venue

19.1 Governing law. These Terms and any dispute arising out of them or the Service are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 18.

19.2 Venue. For any dispute not subject to arbitration — including small claims actions, claims for injunctive relief, and all claims if you opt out under Section 18.8 — you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Okaloosa County, Florida, and each party waives any objection to that venue. This does not limit your right to bring an individual claim in small claims court where you reside, if that court has jurisdiction.

19.3 Your local consumer rights. Nothing in this Section deprives you of the protection of mandatory consumer-protection provisions of the law of the state where you reside that cannot be waived by agreement.

20. Term, suspension, and termination

20.1 Your right to stop. You may stop using the Service and delete your account at any time.

20.2 Our right to suspend or terminate. We may suspend or terminate your account or your access to the Service, in whole or in part, at any time, with or without notice, including for violation of these Terms, for conduct we reasonably believe is harmful to other users or to us, for legal reasons, or because we discontinue the Service.

20.3 What happens when your account is deleted. Deleting your account deletes it across the entire platform, not from a single Product. When you delete your account (or we terminate it):

(a) your login credentials, sign-in connections, and active sessions are permanently deleted;

(b) your email address, first and last name, and nickname are overwritten with anonymized placeholder values, and your account displays as "Deleted user";

(c) your uploaded profile photo is deleted from our database and from our image storage, subject only to the legal preservation exception in Section 11.9;

(d) your Smack Talk posts are not deleted. They remain in the pools where you posted them, displayed under the anonymized identity "Deleted user" with a generic avatar. The text of your posts is retained. If you wrote something about yourself in Smack Talk, that text remains visible, unattributed; and

(e) your pick and standings history is retained under the anonymized identity, because removing it would corrupt the historical standings and results of pools that other members participated in. This retention exists to preserve the integrity and accuracy of other users' contest records.

If you want a Smack Talk post removed before you delete your account, delete it, ask your commissioner to remove it, or contact us at support@tootallgaming.com. Deletion is permanent and cannot be undone. See our Privacy Policy for full detail, including backup timing.

You acknowledge that retention and continued display of your User Content under this Section, consistent with this notice, gives rise to no claim against us of any kind, and is subject to Sections 15 through 17.

20.4 Effect of termination. On termination, your right to use the Service ends immediately. Sections 5, 6, 8, 9, 12, 13, 15, 16, 17, 18, 19, 20.3, 20.4, 22, and 24 survive.

20.5 Discontinuation. We may modify, suspend, or discontinue the Service, or any part of it, at any time, with or without notice. We will make reasonable efforts to give advance notice of a permanent shutdown, but we are not obligated to. We have no liability to you or anyone else for doing so.

21. Changes to these Terms

21.1 We may update these Terms. When we do, we will post the updated version with a new effective date.

21.2 Notice of material changes. For material changes, we will make reasonable efforts to notify you by email to the address on your account, by an in-app notice, or both. Changes are effective when posted, or on the effective date stated in the updated Terms.

21.3 Your options. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not accept them, stop using the Service and delete your account. If we materially change Section 18 (arbitration), you may opt out of the changed arbitration provision under Section 18.8 within 30 days of the change; changes to Section 18 do not apply retroactively to a dispute for which a Notice of Dispute was already sent.

21.4 Version history. We keep a record of prior versions and of the version each account accepted.

22. Contact and notices

22.1 Contact us. support@tootallgaming.com

22.2 Legal notices to us must be in writing and sent to:

Mic Drop Ventures, LLC Attn: Legal 5753 Hwy 85 N, PMB 4233 Crestview, FL 32536 Telephone: (448) 777-6754

with a copy by email to support@tootallgaming.com. Notice is effective on receipt.

22.3 Service of process may be made on our Florida registered agent: Northwest Registered Agent LLC, 7901 4th St N, Suite 300, St. Petersburg, FL 33702.

22.4 Notices to you. We may send notices to the email address on your account, or by posting in the Service. Notices by email are effective when sent. Keep your email address current — it is how we reach you.

22.5 Electronic notices. You consent to receive notices, disclosures, and other communications relating to these Terms and the Service electronically — by email to the address on your account or by posting in the Service — and you agree that electronic delivery satisfies any requirement that a communication be in writing.

23. App store terms

23.1 These Terms are between you and us, not between you and Apple Inc. or Google LLC. Apple and Google are not responsible for the Service or its content. This Section applies to each of our mobile applications ("app") individually.

23.2 Apple. If you obtained an app from the Apple App Store, the following applies. Your license to use the app is a non-transferable license to use it on an Apple-branded device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms of Service. Apple has no obligation to provide maintenance or support. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (which is zero); to the maximum extent permitted by law, Apple has no other warranty obligation. We, not Apple, are responsible for addressing any claim relating to the app, including product liability claims, claims that the app fails to conform to legal requirements, claims under consumer protection or privacy law, and third-party claims that the app infringes intellectual property rights. You must comply with applicable third-party terms of agreement when using the app. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

23.3 Google. If you obtained the app from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and has no responsibility for the app.

24. General

24.1 Entire agreement. These Terms, together with the Privacy Policy, the Photo Policy, and any supplemental Product terms presented to you under Section 2.3, are the entire agreement between you and us regarding the Service, and supersede all prior agreements and understandings.

24.2 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions stay in effect. Section 18.5 has its own severability rule.

24.3 No waiver. Our failure to enforce any provision is not a waiver of it.

24.4 Assignment. You may not assign or transfer these Terms or your account. We may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

24.5 No third-party beneficiaries, except as stated in Section 23.2.

24.6 Relationship. These Terms do not create any partnership, joint venture, employment, agency, or fiduciary relationship.

24.7 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, internet or telecommunications failures, hosting or infrastructure provider outages, or cyberattacks.

24.8 Headings and summaries. Headings and the "in short" summaries are for convenience only and do not affect interpretation.

24.9 Interpretation. "Including" means "including without limitation." These Terms will not be construed against the drafter.

24.10 Export and sanctions. You represent that you are not located in a country or territory subject to a U.S. Government embargo, and that you are not on any U.S. Government list of prohibited, denied, or restricted parties. You agree not to use the Service in violation of any applicable export control or sanctions law.