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These Terms of Use govern your use of the websites, applications, widgets, content, software, functionality, and services offered through or by www.sportweets.com (the "Website"). The Website is provided by Home Court Media, LLC. ("HCM"). YOUR AFFIRMATIVE ACT OF USING THE WEBSITE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE AND THE WEBSITE PRIVACY POLICY. YOU MAY NOT USE THE WEBSITE UNLESS YOU AGREE TO THE TERMS OF USE AND THE WEBSITE PRIVACY POLICY.
1. Termination of Use. HCM shall be free to terminate your access to all or part of the Website at any time and for any or no reason. In addition, your right to use the Website or any products, services, or software made available through the Website shall automatically terminate if you violate these Terms of Use or any rules or guidelines posted in connection with the Website or any products, services, or software made available through the Website.
2. Modifications to the Terms of Use. HCM shall be free to modify these Terms of Use at any time and for any or no reason without providing notice. It is your responsibility to periodically review these Terms of Use for any modifications.
3. Additional Terms. Certain products, services, or software made available through the Website may require compliance with additional rules and/or guidelines. By accessing or using such products, services, or software you agree to such additional rules and/or guidelines. You may not use such products, services, or software without agreeing to such additional rules and/or guidelines.
4. Electronic Notice. You agree to receive electronic notices from HCM made available either via the Website or through an email or instant messaging address provided by you to HCM.
5. Privacy Policy. The Website Privacy Policy governs HCM's collection and use of your information while using or accessing the Website, including any products, services, or software made available through the Website.
6. Changes to the Website. HCM is free to modify or disable the Website, including any products, applications, widgets, services, or software made available through the Website, at any time and for any or no reason without providing notice.
7. Unsolicited Commercial Messages. You are prohibited from using the Website or any Website communications or computer networks to transmit, directly or indirectly, any unsolicited commercial messages (including emails and instant messages).
8. Your Responsibilities and Use of the Website.
a. You may use the Website only for personal, non-commercial
purposes.
b. In order to access or use certain products, services, or software
made available through the Website, you may be required to
provide certain information about yourself. You agree that any such
information will be accurate and up to date. HCM shall be free to use
such information in accordance with the Website Privacy Policy.
c. You agree that you shall use the Website only in compliance with
these Terms of Use, any other additional rules or guidelines, and
any applicable law, regulation, practice, or guideline. You shall not
use or attempt to use the Website to distribute content or messages
that are threatening, abusive, harassing, defamatory, libelous,
deceptive, fraudulent, or invasive of a third party's privacy. You shall
not use the Website to distribute inappropriate or sexually explicit
material. In addition, you shall not use the Website to violate HCM's
or a third party's rights, including any intellectual property rights.
d. You agree that you shall only access, attempt to access, use,
or attempt to use the Website through the interface provided, or
otherwise authorized, by HCM. You shall not access the Website
through any automated means, including, but not limited to, bots,
scripts, automated data mining processes, and web crawlers, unless
specifically authorized in writing by HCM. You will not use the
Website to distribute or in any manner use viruses or other harmful
or unauthorized computer viruses, software, or applications. You
may not adapt, prepare derivative works from, decompile, reverse
engineer, disassemble or otherwise attempt to derive the source
code from the Website, including any software made available
through the Website, frame any portion of the Website, or reproduce,
reprint, copy, store, publicly display, broadcast, transmit, modify,
translate, port, publish, sub-license, assign, transfer, sell, loan, or
otherwise distribute the Website without HCM's prior written consent.
e. You will not disrupt or interfere, or attempt to disrupt or interfere, with
the Website.
f. You will not in any manner assist or enable any third party to violate
these Terms of Use.
g. You agree that you are solely responsible for your breach of these
Terms of Use, including any liabilities resulting from any such
breach.
h. THE WEBSITE, INCLUDING ANY SERVICES, APPLICATIONS,
PRODUCTS, OR SOFTWARE MADE AVAILABLE BY OR
THROUGH THE WEBSITE, IS NOT INTENDED FOR USE IN
THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT
SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC
CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN
WHICH CASE THE FAILURE OF THE WEBSITE COULD LEAD
TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE.
10. Your Content. You retain copyright and any other rights you already hold in content, text, information, screen names, graphics, photos, profiles, audio and video clips, links or other information (collectively, "Content") which you submit, post, distribute, or display on or through the Website. By submitting, posting, distributing, or displaying the Content, you provide HCM a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, sub-license, adapt, modify, create derivative works of, translate, publish, publicly perform, publicly display, distribute, and otherwise exploit any Content in any medium and in any manner. You represent and warrant to HCM that you have all the rights, power and authority necessary to submit, post, distribute or display the Content on or through the Website, and to grant the above license.
11. Content on the Website. You acknowledge that Content may be provided by you or third parties and distributed on or through the Website. Such Content may be accessed and viewed by others, including the general public. You agree that HCM has no obligation to monitor any such Content. HCM is free to remove any such Content for any or no reason, but shall not be obligated to do so. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content without obtaining prior written consent from the Content's owner. You understand that by using the Website you may be exposed to Content that you may find offensive, indecent or objectionable and that you use the Website at your own risk.
12. Use of Cellular Networks. You acknowledge that if you access or use the Website through wireless applications, your wireless provider may charge fees for alerts, web browsing, messaging and other services. It is solely your responsibility to determine if any such charges apply to you, and you are solely responsible for any costs you incur to access or use the Website through any wireless or other communication service.
13. Notification of Potential Copyright Infringement. If you believe that your Content has been made available on the Website in a manner that violates your copyrights in and to such Content, please follow the notification procedure detailed in Section 20 below.
14. Links. You acknowledge that links to third party websites or Content may be made available through the Website. You acknowledge and agree that HCM is not responsible or liable for any Content or other material or information made available through such third party websites, that HCM may have no control over any such third party website, and that the Website does not endorse any advertising, products or services made available through such third party websites. In addition, you acknowledge and agree that HCM is not responsible or liable for the availability, accuracy, or completeness of any such third party website.
15. Advertisements. You acknowledge and agree that HCM may distribute advertisements through or via the Website. HCM is not responsible or liable for any interaction between you and an advertiser, and does not endorse any advertising, or products or services made available through such advertising.
16. Disclaimer of Warranties. The Website is provided "AS IS" with all faults and as available. HCM makes no express representations or warranties about the Website. TO THE EXTENT PERMITTED BY LAW, HCM DISCLAIMS ANY IMPLIED WARRANTIES THAT THE WEBSITE OR ANY SOFTWARE, PRODUCTS, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE OR BY HCM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU AGREE THAT ANYTHING YOU DOWNLOAD OR OTHERWISE OBTAIN ("DOWNLOAD") THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD.
17. Limitation of Liability. HCM SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, REGARDLESS OF WHETHER HCM KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HCM'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HCM'S LIABILITY, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE EXCEED THE GREATER OF $100 OR THE MINIMUM AMOUNT PERMITTED BY LAW.
18. Miscellaneous Terms and Conditions.
a. Indemnification. You agree to defend, indemnify, and hold harmless HCM, the Website and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Website. HCM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with HCM in asserting any available defenses at no additional cost to HCM.
b. Choice of Law; Jurisdiction. You agree that the laws of the State of Delaware govern this contract and any claim or dispute that you may have against HCM, without regard to Delaware's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against Delaware will be resolved by a court located in Delaware and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. FOR THE PURPOSES OF CLARIFICATION, YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, COURTS IN DELAWARE OVER ANY CLAIMS INVOLVING HCM OR THE WEBSITE.
c. Enforceability. This contract and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between you and HCM and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
19. Policy Regarding Children 13 and Under. The Website is not directed at persons under 13 years of age and persons that are 13 years of age and under are prohibited from registering with the Website. If a parent or guardian becomes aware that a person 13 years of age or under has registered with the Website, the parent or guardian should contact HCM at sportweets@homecourtmedia.com and Home Court Media, LLC., PO Box 8571, Reston, VA 20195, Attn: General Counsel, and HCM shall delete such person's registration information and account within a reasonable time period.
20. DMCA Notice.
If you think that your copyrighted content has been infringed, please provide the following to HCM's DMCA Agent:
1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
2. A description of the copyrighted work claimed to have been infringed;
3. A description of the infringing material and information reasonably sufficient to permit HCM to locate the material;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims can be sent to: Home Court Media, LLC., PO Box 8571, Reston, VA 20195, Attn: General Counsel.
Last Updated: February 8, 2011
