Terms & Conditions
1.Acceptance of the Terms of Service
2.Changes to the Terms of Service
A.We may revise and update this TOS from time to time at our sole discretion. All changes to the TOS are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised TOS means that you accept and agree to the changes. You are expected to check this page from time to time when you access this Website, so you are aware of any changes, as they are binding on you.
A.COMPANY and the Service, as defined below, are intended for use by persons who are at least 18 years old. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than eighteen (18) years old, you must meet the age requirements.
B.Betting or wagering is not permitted or may be restricted in certain U.S. states. Sports betting and casino related sections of the Website are offered and available only to Users who are of required legal age (21+) and reside in the states where wagering is permitted. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet the requirements herein and the requirements of the state or country that you reside in, you must not access or use the Website. If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER. This Service is intended for adult Users only.
5.Description of Service
A.Through the Website, COMPANY provides Users with numerous COMPANY SPECIFIC SERVICE (collectively, the "Service"). COMPANY provides to the Users Content (as defined below) in various forms.
B.You understand and agree that COMPANY assumes no responsibility for the timeliness, deletion, delivery, or failure to store any User communication or personalized settings. In addition, COMPANY holds the rights to modify, discontinue, or suspend any aspect of the Service at any time. COMPANY may also choose, without notice or liability, to limit or restrict access to portions or all of its features or any other aspect of the Service. You are responsible for obtaining access to the Service and all associated connection fees to the Internet or other Web connection (such as Internet service provider or airtime charges), as well as all equipment necessary to make such connection to the Service. You agree that you may not resell, lease, license, assign, or redistribute the Service or the Content (defined below), in whole or in part, to any third party. You further agree that you will not: (a) make any Service or Content available to, or use any Service or Content for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (c) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (d) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (e) frame or mirror any part of the Service or Content, (f) access any portion of the Service or Content in order to build a competitive product or service, or (g) reverse engineer, decompile, modify or create any derivative work from any portion of the Service (to the extent such restriction is permitted by law).
C.The Service is not to be used for or in conjunction with any illegal activities. You agree that COMPANY and its parents, subsidiaries, affiliates, employees, agents, representatives, and assigns will not be liable or responsible for any User activity that may violate any law of the User's jurisdiction. We do not represent or warrant that actions you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you within your jurisdiction and to act lawfully at all times when using the Service.
6.Service Content Information
A.The Service contains information, advice, text, materials, podcasts, sample lineups, rankings, and services (collectively, the "Content") that are provided for your convenience and entertainment. Some portions of the Service or Content may require paid subscriptions to access. Third parties also provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies, and that the Content may be subject to terms and conditions of third parties not directly under the control of COMPANY. We make no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Content and will not be liable for any lack of the foregoing. We promote a variety of online gaming products that includes gambling operators. Please be sure to check third-party websites and review all terms and conditions applicable. Gambling operators’ terms and conditions may be subject to revision and change without notice, which you are hereby made aware of.
B.The Service contains proprietary information, statistics, and projections, both original and from other third-party sources. Users of the Service may not engage in unauthorized spidering, "scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Service.
C.Third-party advertisers may offer goods, services, and other materials to you on the Service. Your correspondence and business dealings with advertisers found on or through the Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties, and representations associated with such dealings, are solely between you and the advertiser. You agree that COMPANY will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Content on the Service. Descriptions of, or references to products or publications within the Service, do not imply endorsement of that product or publication.
7.User Account, Password and Security
A.To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website, if requested to do so, is correct, current, and complete.
B.During the completion of the Service's registration process, you will select an account username and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify COMPANY of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. COMPANY cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
C.We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this TOS.
D.A User may only have one COMPANY member account and shall only use the services offered by COMPANY through their sole account. It is prohibited for a member to open multiple COMPANY member accounts. In the event that we become aware of additional accounts being opened by a single member, we reserve the right to close additional accounts without notice, resulting in the forfeiture of any access to COMPANY services on that account as well as any other linked accounts we may discover in the process of investigation.
A.You may use the Website for lawful purposes only and in accordance with this TOS. You agree not to use the Website:
a.In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
b.For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
c.To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this TOS.
d.To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail," "chain letter," "spam," or any other similar solicitation.
e.To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
f.To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or Users of the Website or expose them to liability.
B.Additionally, you agree not to:
a.Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
b.Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
c.Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in this TOS, without our prior written consent.
d.Use any device, software, or routine that interferes with the proper working of the Website.
e.Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
f.Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
g.Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
h.Attempt to interfere with the proper working of the Website otherwise.
A.These content standards apply to any and all User Contributions and use of the Services. User Contributions must comply with all applicable federal, state, local, and international laws and regulations in their entirety. Without limiting the foregoing, User Contributions must not:
B.Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
C.Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
D.Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
F.Be likely to deceive any person.
G.Promote any illegal activity, or advocate, promote, or assist any unlawful act.
H.Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
I.Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
J.Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
K.Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
10.Monitoring and Enforcement
A.We encourage you to report content or conduct that you believe violates your rights or this TOS by writing an email to [email protected]
A.You agree that COMPANY may, under certain circumstances and without prior notice, immediately terminate your User account, profile, an associated email address, and access to the Service. Cause for such termination shall include, but is not limited to: breaches or violations of the TOS or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a direct request by the User; discontinuance or material modification to the Service, or any part thereof; unexpected technical or security issues or problems; and, extended periods of inactivity. Absent a request from the User, COMPANY does not intend to terminate User accounts without good cause; however, you agree that any unilateral termination of the account by COMPANY is ultimately a decision vested in COMPANY sole discretion. COMPANY shall not be liable to you or any third party for any termination of your account and associated loss of access to the email address, and access to the Service.
12.Disclaimer of Warranties
A.THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, RANKINGS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES MAKE NO REPRESENTATION, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT:
a.THE CONTENT ON AND PROVIDED THROUGH THE SERVICE;
b.THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE;
c.THE MATERIALS, MESSAGES, AND INFORMATION SENT FROM THE SERVICE BY USERS;
d.ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR
e.ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
B.COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, WHERE PERMITTED BY APPLICABLE LAW, DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
C.COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
13.Limitation on Liability
A.EXCEPT AS WHERE LIMITED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE OR THE CONTENT, EVEN IF FORESEEABLE OR IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
B.You use the Service and the Content at your own risk. COMPANY will not be responsible for any loss you suffer as a result of your use or reliance upon the Service or the Content. By using the Service and the Content, you represent that you understand and acknowledge that the performance of individuals and teams in sporting and gaming contests is affected by many factors that are beyond COMPANY’ control. COMPANY makes every effort to furnish accurate and complete information and data. However, COMPANY does not warrant or guarantee the accuracy or completeness of any information and data contained within the Service and the Content.
A.You agree to defend, indemnify, and hold harmless COMPANY and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorney's fees out of or in connection with this TOS agreement, including, without limitation, your use of the Service and Content, your connection to the Service and Content, your violation of the TOS, or your violation of any rights of another.
15.Intellectual Property Rights
A.The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned or controlled by COMPANY or the party credited as the provider of the content. They are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service or Content is expressly prohibited without prior written permission from COMPANY or the copyright holder as identified on the Service or Content. Making unauthorized copies of Content found in the Website may result in the termination of your account, prohibition on the use of the Website, and further legal action.
B.COMPANY and other service marks, trademarks, and logos displayed on the Service are the property of COMPANY or its licensors. You agree not to display or use the COMPANY intellectual property in any manner, without express written consent from COMPANY. Elements of the Service including, but not limited to, the "look and feel" are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Service may be copied or retransmitted unless expressly permitted by COMPANY.
C.By agreeing to the TOS, you agree and understand that COMPANY may terminate use of the Service of subscribers and account holders who infringe the rights of copyright holders. If you believe that your copyrighted work has been copied without your authorization and is available within the Website in a way that may constitute copyright infringement, you may provide notice of your claim to [email protected].
16.Governing Law; Jurisdiction and Venue
A.The TOS and the relationship between you and COMPANY shall be governed by and interpreted in accordance with the laws of the State of Delaware without regard to its conflict of law provisions. You irrevocably agree that in the event that any suit or proceeding is brought in connection with this TOS or your access or use of the Service and the Content, such suit or proceeding shall be brought in the state or federal courts located in New Castle County, Delaware, and you shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue and inconvenient forum objections to such courts.
A.This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between us. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
B.Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS. Users are not permitted to promote special interests, services or products within forum threads or posts Threads or posts that do not follow this policy will be considered spam by COMPANY, subject to deletion, and the offending User may be penalized up to termination of the account, at COMPANY’ sole discretion.
C.User posts that COMPANY, in its sole discretion, determines are made with the intent to promote or advertise goods or services, including other websites, will be deemed spam and will not be allowed and may be deleted in COMPANY' sole discretion. Users who modify their locations, title, or username in an attempt to avoid enforcement of this policy may be penalized in COMPANY' sole discretion, up to and including termination of the account.
D.COMPANY reserves the right, in its sole discretion, to remove any User post (or any portion thereof).