Terms of Service

These Terms of Service (the “Terms”) are a binding legal agreement between you and The 1912 Society LLC, a limited liability company organized under the laws of the Commonwealth of Kentucky(“The 1912 Society,” “we,” “us,” or “our”). They govern your access to and use of our websites, mobile and iOS applications, community boards and chat, the “Louie” AI assistant, news and pick’em features, games, merchandise shop, paid memberships, and all related services (together, the “Service”).

PLEASE READ THESE TERMS CAREFULLY. SECTION 16 (BINDING ARBITRATION AND CLASS-ACTION WAIVER) REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED BELOW.

By creating an account, clicking to accept, or otherwise accessing or using the Service, you agree to these Terms, our Privacy Policy, and our Community Guidelines, each incorporated by reference. If you do not agree, do not use the Service.

1. Definitions

• “Account” — the account you register to access the Service.
• “1912 Coins” — the earned-only, non-monetary status points described in Section 8.
• “Content” — any text, images, links, predictions, or other material available on the Service.
• “User Content” — Content you submit, post, or transmit through the Service.
• “Louie” — the AI assistant feature described in Section 10.
• “Memberships” — the paid subscription tiers (including Premium, VIP, and the Season Pass) described in Section 9.
• “Platform Terms” — the Apple App Store and Google Play additional terms in Section 21.

2. Eligibility & age

You must be at least 13 years old to use the Service. The Service is not directed to children under 13, and we do not knowingly collect their personal information (see the Privacy Policy). 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 these Terms. You represent that you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction, and that all information you provide is accurate.

3. Your account & security

• You must provide accurate, current information and keep it updated.
• You are responsible for safeguarding your credentials and for all activity under your Account. Notify us immediately at the1912society@gmail.com of any unauthorized use.
• One Account per person unless we expressly permit otherwise. Do not share, sell, or transfer your Account.
• We may refuse, reclaim, or require you to change a username that is misleading, infringing, or otherwise objectionable.

4. Acceptable use

Keep it Card. Your use of the Service is also governed by our Community Guidelines, which are incorporated into these Terms. You agree that you will not, and will not attempt to, and will not permit anyone else to:

• Harass, threaten, defame, stalk, bully, or abuse any person, or post hate speech, slurs, or targeted attacks;
• Post or transmit content that is unlawful, obscene, sexually explicit, exploitative of minors, violent, or that promotes self-harm or illegal activity;
• Doxx, or post another person’s private or personal information without consent;
• Impersonate any person or entity or misrepresent your affiliation;
• Post spam, chain messages, pyramid schemes, unauthorized advertising, or scams;
• Infringe any patent, trademark, copyright, trade secret, publicity, privacy, or other right;
• Upload malware, or interfere with, disrupt, overload, or damage the Service or its infrastructure;
• Probe, scan, or test the vulnerability of any system, or breach or circumvent any security or authentication measure;
• Access the Service by automated means (bots, scrapers, crawlers) except as expressly permitted, or harvest data from the Service;
• Reverse engineer, decompile, or disassemble any part of the Service, except to the extent this restriction is prohibited by applicable law;
• Create multiple or fake accounts, manipulate coins, pick’em, predictions, trivia, or leaderboards, or otherwise exploit or cheat the Service;
• Use the Service to violate any applicable law or regulation.

5. User content & license grant

You retain ownership of your User Content. By submitting User Content, you grant us and our successors a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for formatting and display), publish, publicly perform, publicly display, and distribute that User Content, solely to operate, provide, promote, and improve the Service. This license continues for User Content you have shared with others until it is deleted by you and by those who received it, and it survives to the extent needed for backups, legal compliance, and enforcement.

Your representations

You represent and warrant that you own or have all necessary rights to your User Content and to grant the license above; that your User Content and our use of it will not infringe or violate the rights of any third party or any law; and that your User Content complies with these Terms and the Community Guidelines. You are solely responsible for your User Content.

Feedback

If you send us suggestions or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use it for any purpose without obligation to you.

Monitoring

We have no obligation to monitor User Content but may review, remove, or restrict any User Content or Account at our discretion, with or without notice, including to enforce these Terms or protect the Service or its users.

6. Copyright & DMCA takedown

We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512. If you believe your copyrighted work has been used on the Service without authorization, send a written notice to our designated agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the owner’s behalf.

Designated copyright agent

Jason Shul, DMCA Agent, The 1912 Society LLC, 1102 Hickory Switch Rd, La Grange, KY 40031, email the1912society@gmail.com.

Counter-notification & repeat infringers

If your material was removed and you believe that was a mistake or misidentification, you may submit a counter-notification with the information required by 17 U.S.C. § 512(g). We may reinstate the material as permitted by the DMCA. Consistent with the DMCA and in appropriate circumstances, we will terminate the Accounts of users who are repeat infringers.

7. Our intellectual property

The Service and all Content we provide — including software, text, graphics, logos, and the “The 1912 Society” and “1912 Coins” names and marks — are owned by us or our licensors and protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal, non-commercial use in accordance with these Terms. All rights not expressly granted are reserved. The 1912 Society is an independent fan community and is not affiliated with, endorsed by, or sponsored by the University of Louisville, the NCAA, or any team, conference, or league.

8. 1912 Coins

1912 Coins are an earned-only, non-monetary status and loyalty feature offered for entertainment purposes. They are not money, not currency, not legal tender, not a stored-value or prepaid instrument, and not a security or financial instrument of any kind.

• Earned-only; never purchasable. 1912 Coins can only be earned through participation (such as posting, playing, and staying active). They cannot be bought with money and are never sold. There is nothing to purchase.
• No cash value; not redeemable for cash. 1912 Coins have no cash or monetary value, cannot be redeemed, cashed out, withdrawn, or exchanged for money or anything of monetary value, and cannot be transferred to any other person or account.
• A revocable, limited license — not your property. 1912 Coins are a limited, personal, non-transferable, revocable license to use a feature of the Service. You do not own 1912 Coins, and they are not your property. You have no vested right or title in them.
• We may adjust them. We may create, award, modify, expire, reset, suspend, or eliminate 1912 Coins, balances, and the ways they are earned at any time, with or without notice, including to keep the community fair or to comply with law. On termination of your Account or the Service, any 1912 Coins are forfeited with no compensation.

No wagering; not gambling

Pick’em, predictions, trivia, and games are free to play and are for entertainment, bragging rights, and status only. Participation requires no wager or payment of money or anything of value, and nothing of value is placed at risk. Outcomes yield only Cards Coins and status, which — as stated above — have no cash value and cannot be cashed out. Because there is no consideration and no thing of value at risk, these features do not constitute gambling, a lottery, a sweepstakes requiring consideration, or a contest of chance for a prize of value under applicable law.

Not a security or investment

1912 Coins are not offered or sold as an investment, carry no expectation of profit, confer no equity, governance, dividend, revenue-share, or other economic or ownership rights, and are not fungible with or convertible into any currency, cryptocurrency, or financial instrument. They are consumed within the Service for entertainment and status only.

For a plain-language explanation, see How 1912 Coins Work.

9. Memberships, subscriptions & auto-renewal

Certain features require a paid Membership (including Premium, VIP, and the Season Pass) or the purchase of merchandise. Prices, billing frequency, and included benefits are disclosed before you buy. All fees are stated in U.S. dollars and are exclusive of taxes unless stated otherwise.

Automatic renewal — please read

Memberships are subscriptions that automatically renew. Unless you cancel before the end of the then-current term, your Membership will automatically renew for successive periods of the same length, and the payment method on file will be charged the then-current renewal price at the start of each new term, until you cancel. This automatic-renewal disclosure is provided to comply with applicable automatic-renewal laws, including the California Automatic Renewal Law and similar laws in other states. The Season Pass may be sold for a fixed term; its renewal behavior is disclosed at purchase.

Cancellation

You may cancel at any time through your account settings or, for purchases made through an app store, through that store’s subscription controls. Cancellation stops future renewals; unless required by law, it does not retroactively refund the current term, and your access continues through the end of the period already paid for.

Free trials & introductory offers

If we offer a free trial or introductory rate, it converts to a paid, auto-renewing Membership at the disclosed price when the trial ends unless you cancel before then. Terms of any promotion are disclosed at sign-up.

Refunds & price changes

Except where required by law (or, for app-store purchases, under the applicable store’s policies), payments are non-refundable and there are no refunds or credits for partial periods. We may change prices and the composition of Memberships prospectively; we will give advance notice as required by law, and price changes take effect on your next renewal. If you do not agree to a price change, cancel before it takes effect.

Payment processing

Payments are processed by our third-party processor (Stripe) or by the applicable app store. You authorize the charge to your selected payment method and agree to the processor’s terms. We do not store full payment card numbers (see the Privacy Policy).

10. Louie (AI assistant)

“Louie” is an AI-powered assistant offered for convenience and entertainment. Louie generates responses automatically and may produce information that is inaccurate, incomplete, outdated, or offensive, and its output does not represent our views. Louie does not provide professional advice of any kind — legal, financial, medical, or otherwise — and is not a substitute for a qualified professional. Do not rely on Louie for any important decision, and independently verify anything material. Do not submit sensitive personal information to Louie. Your use of Louie may be processed by our AI service provider as described in the Privacy Policy. We are not liable for actions taken in reliance on Louie’s output.

11. Third-party services & links

The Service integrates and links to third-party services (for example, payment processors, authentication, sports-data providers, and app stores). We do not control and are not responsible for third-party services or content, and your use of them is governed by their terms and privacy policies. Third-party marks are the property of their owners.

12. Merchandise shop

Merchandise is sold subject to availability and any additional terms shown at checkout, including pricing, shipping, and returns. Descriptions and images are provided for convenience and may vary. Risk of loss and title pass on delivery to the carrier unless stated otherwise.

13. Termination & suspension

You may stop using the Service and delete your Account at any time. We may suspend or terminate your access, remove Content, or discontinue the Service (in whole or in part) at any time, with or without notice, including for violation of these Terms or the Community Guidelines, suspected fraud or abuse, risk to the Service or others, or as required by law. On termination, your right to use the Service and any 1912 Coins immediately cease. Sections that by their nature should survive — including Sections 5–8 and 14–24 — survive termination.

14. Disclaimer of warranties

THE SERVICE, INCLUDING ALL CONTENT AND LOUIE OUTPUT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT CONTENT (INCLUDING USER CONTENT AND LOUIE OUTPUT) IS ACCURATE OR RELIABLE. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE 1912 SOCIETY OR ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR 1912 COINS, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Binding arbitration & class-action waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Agreement to arbitrate

Except for the excluded claims below, you and The 1912 Society agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitrationadministered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator, not any court, decides threshold questions of arbitrability, except that a court decides whether the class-action waiver is enforceable.

Class-action & jury waiver

Arbitration will be conducted only on an individual basis and not in a class, consolidated, or representative action. You and The 1912 Society waive any right to a jury trial and to participate in a class or representative proceeding. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court.

30-day opt-out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice of your name, Account, and intent to opt out to 1102 Hickory Switch Rd, La Grange, KY 40031 or the1912society@gmail.com. Opting out does not affect any other part of these Terms.

Exceptions

Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for intellectual-property or unauthorized-access claims. Nothing here prevents either party from reporting conduct to a government agency.

17. Governing law & venue

These Terms and any dispute are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-laws rules. To the extent a dispute is not subject to arbitration and may be brought in court, you and The 1912 Society consent to the exclusive jurisdiction and venue of the state and federal courts located in Jefferson County, Kentucky, and waive any objection to that venue.

18. Indemnification

You agree to indemnify, defend, and hold harmless The 1912 Society and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your User Content, your use of the Service, your violation of these Terms or the Community Guidelines, or your violation of any law or third-party right. We may assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate.

19. Modifications to these Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new effective date or by notifying you in the app or by email). Changes are effective when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, stop using the Service.

20. Changes to the Service

We are continually improving the Service and may add, change, suspend, or discontinue features at any time. We are not liable to you or any third party for doing so, subject to the paid-Membership provisions in Section 9.

21. Apple App Store & Google Play additional terms

If you download our app from the Apple App Store or Google Play, the following additional terms apply and serve as the minimum end-user license agreement (“EULA”) for the app.

License

We grant you a limited, non-transferable, non-exclusive license to use the app on any Apple-branded or Android device you own or control, as permitted by the applicable store’s usage rules.

Apple-specific terms

• These Terms are between you and The 1912 Society only, not with Apple. Apple is not responsible for the app or its content.
• Apple has no obligation to provide maintenance or support for the app.
• To the maximum extent permitted by law, Apple has no warranty obligation for the app; any failure to conform to a warranty is our responsibility.
• Apple is not responsible for addressing your claims relating to the app or your use of it, including product-liability, legal-compliance, and consumer-protection claims.
• Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that the app infringes intellectual-property rights.
• You represent that you are not located in a U.S.-embargoed country or on a U.S. prohibited-parties list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Google Play

Your use of the app obtained through Google Play is also subject to the Google Play Terms of Service and applicable usage rules. Where those rules conflict with these Terms as to the app, the store rules control for the app only.

22. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit permitted successors and assigns.

23. Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, outages, or failures of third-party services or infrastructure.

24. General

• Entire agreement. These Terms, the Privacy Policy, and the Community Guidelines are the entire agreement between you and us regarding the Service and supersede prior agreements on that subject.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions stay in effect.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Notices. We may provide notices to you in the app, by email, or by posting. You may send legal notices to The 1912 Society LLC, 1102 Hickory Switch Rd, La Grange, KY 40031, or the1912society@gmail.com.
• Relationship. These Terms do not create any partnership, joint venture, or agency between you and us.

25. Contact

Questions about these Terms? Contact The 1912 Society LLC at the1912society@gmail.com or 1102 Hickory Switch Rd, La Grange, KY 40031. See also our Privacy Policy and Community Guidelines.