Terms and Conditions
1. DESCRIPTION OF SERVICE
Sports.ws offers various communication tools, forums, games, personalized content and services (the "Games"). Sports.ws reserves the right to include advertisements in said Games and that these advertisements are necessary for Sports.ws to provide the Games.
You understand and agree that the Games are provided "as is" and that Sports.ws assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
2. ELIGIBILITY
Employees and members of the immediate families (immediate family is defined as parent, sibling or any person residing in the same household as employee or consultant) of Sports.ws, their parents, affiliates, subsidiaries, advertising agencies and promotion agencies are not eligible to win prizes, but are eligible to play.
3. LIABILITY
Sports.ws is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a contestant, equipment, or technical malfunction or for any human error, technical error or malfunctions. Sports.ws reserves the right to halt or modify the contest at any time during the season if events beyond their control compromise any of its games' fairness or integrity. In the event that a scheduled game is canceled or preempted for any reason, individual game statistics may be affected and rules to compensate may be used at the discretion of Sports.ws.
Sports.ws is not responsible for typographical or other human or technical errors in the offer or administration of this contest, including but not limited to errors in advertising, the Official Rules, the selection and announcement of the winner or the distribution of the prizes.
Sports.ws, in its sole discretion, may disqualify any entrant from participating in the Games, refuse to award points or prizes, and require the return of any prizes, if entrant engages in any conduct Sports.ws deems to be improper, unfair or otherwise adverse to the operation of the contest or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during contest registration or prize claim, violating any term or condition stated herein, accumulating points or prizes through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant's personal information for the purpose of accumulating points or prizes, tampering with Sports.ws's administration of this promotion, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this Web site. Entrant further acknowledges that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Sports.ws from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
Sports.ws reserves the right to modify these rules for clarification purposes without materially affecting the Terms and Conditions of the contest. The Games are not affiliated with or endorsed by the NBA or any NBA team. This is a skill contest designed to increase consumer awareness of and interest in the Sports.ws Games.
You expressly understand and agree that Sports.ws shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the Games or any other matter relating to the Games.
The Games may not be used for any form of gambling.
4. INTERNET
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sports.ws which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this contest, Sports.ws reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the contest. In such event, Sports.ws further reserves the right to award prizes to the players with the most points as of the termination date.
Any attempt by an individual to deliberately undermine or damage the legitimate operation of the Games may lead to the immediate termination of accounts associated with the individual, at the sole discretion of Sports.ws. Sports.ws reserves the right to pursue legal action and seek damages caused by said individual to the fullest extent of the law.
In the event that the contest is challenged by any legal or regulatory authority, Sports.ws reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, Sports.ws shall have no liability to any players who are disqualified due to such an action.
5. CONFIDENTIALITY AND SECURITY
Users are responsible for maintaining the confidentiality of their own password and account, and are fully responsible for all activities that occur under their password or account. You agree to (a) immediately notify Sports.ws of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you adequately exit from your account at the end of each session. Sports.ws cannot and will not be liable for any loss or damage arising from your failure to comply with these security precautions.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Sports.ws, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Games. Sports.ws does not control the Content posted via the Games and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Games, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Sports.ws be liable in any way for any Content published by a party other than Sports.ws. Similarly, Sports.ws is not responsible for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Games.
You agree to not use the Games to:
a. impersonate any person or entity, including, but not limited to, a Sports.ws spokesperson, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
b. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Games;
c. harm minors in any way;
d. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. act in a manner that negatively affects other users' ability to engage in real time exchanges and activity;
j. interfere with or disrupt the Games (or servers or networks connected to the Games), or disobey any requirements, procedures, policies or regulations of networks connected to the Games;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that Sports.ws does not pre-screen Content, but that Sports.ws and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Games. Without limiting the foregoing, Sports.ws and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable.
You acknowledge and agree that Sports.ws may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Sports.ws, its users and the public.
You understand that the technical processing and transmission of the Games, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) changes to conform and adapt to formatting and display requirements.
You agree to indemnify and hold Sports.ws and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Games, your use of the Games, your connection to the Games, your violation of the Terms and Conditions, or your violation of any rights of another.
6. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Games, use of the Games, or access to the Games.
7. MODIFICATIONS TO SERVICE
Sports.ws reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Games (or any part thereof) with or without notice. You agree that Sports.ws shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Games.
8. EXTERNAL LINKS
The Games may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Sports.ws has no control over such sites and resources, you acknowledge and agree that Sports.ws is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sports.ws shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. PROPRIETARY RIGHTS
Users must acknowledge and agree that the Games and any necessary software used in connection with the Games ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Sports.ws or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Games or the Software, in whole or in part.
Sports.ws grants users a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Games. You agree not to access the Games by any means other than through the interface that is provided by Sports.ws for use in accessing the Games.
10. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the Games is at your own risk. Sports.ws expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sports.ws makes no warranty that (i) the Games will meet your requirements, (ii) the Games will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Games will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Games will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the Games is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from Sports.ws or through or from the service shall create any warranty not expressly stated in the Terms and Conditions.
All federal, state and local laws and regulations apply.
Contact Sports.ws
Sports.ws
16 Dod's Dr.
Caledon, Ontario L7K0C6
Canada
[email protected]
1. DESCRIPTION OF SERVICE
Sports.ws offers various communication tools, forums, games, personalized content and services (the "Games"). Sports.ws reserves the right to include advertisements in said Games and that these advertisements are necessary for Sports.ws to provide the Games.
You understand and agree that the Games are provided "as is" and that Sports.ws assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
2. ELIGIBILITY
Employees and members of the immediate families (immediate family is defined as parent, sibling or any person residing in the same household as employee or consultant) of Sports.ws, their parents, affiliates, subsidiaries, advertising agencies and promotion agencies are not eligible to win prizes, but are eligible to play.
3. LIABILITY
Sports.ws is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a contestant, equipment, or technical malfunction or for any human error, technical error or malfunctions. Sports.ws reserves the right to halt or modify the contest at any time during the season if events beyond their control compromise any of its games' fairness or integrity. In the event that a scheduled game is canceled or preempted for any reason, individual game statistics may be affected and rules to compensate may be used at the discretion of Sports.ws.
Sports.ws is not responsible for typographical or other human or technical errors in the offer or administration of this contest, including but not limited to errors in advertising, the Official Rules, the selection and announcement of the winner or the distribution of the prizes.
Sports.ws, in its sole discretion, may disqualify any entrant from participating in the Games, refuse to award points or prizes, and require the return of any prizes, if entrant engages in any conduct Sports.ws deems to be improper, unfair or otherwise adverse to the operation of the contest or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during contest registration or prize claim, violating any term or condition stated herein, accumulating points or prizes through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant's personal information for the purpose of accumulating points or prizes, tampering with Sports.ws's administration of this promotion, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this Web site. Entrant further acknowledges that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Sports.ws from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
Sports.ws reserves the right to modify these rules for clarification purposes without materially affecting the Terms and Conditions of the contest. The Games are not affiliated with or endorsed by the NBA or any NBA team. This is a skill contest designed to increase consumer awareness of and interest in the Sports.ws Games.
You expressly understand and agree that Sports.ws shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the Games or any other matter relating to the Games.
The Games may not be used for any form of gambling.
4. INTERNET
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sports.ws which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this contest, Sports.ws reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the contest. In such event, Sports.ws further reserves the right to award prizes to the players with the most points as of the termination date.
Any attempt by an individual to deliberately undermine or damage the legitimate operation of the Games may lead to the immediate termination of accounts associated with the individual, at the sole discretion of Sports.ws. Sports.ws reserves the right to pursue legal action and seek damages caused by said individual to the fullest extent of the law.
In the event that the contest is challenged by any legal or regulatory authority, Sports.ws reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, Sports.ws shall have no liability to any players who are disqualified due to such an action.
5. CONFIDENTIALITY AND SECURITY
Users are responsible for maintaining the confidentiality of their own password and account, and are fully responsible for all activities that occur under their password or account. You agree to (a) immediately notify Sports.ws of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you adequately exit from your account at the end of each session. Sports.ws cannot and will not be liable for any loss or damage arising from your failure to comply with these security precautions.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Sports.ws, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Games. Sports.ws does not control the Content posted via the Games and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Games, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Sports.ws be liable in any way for any Content published by a party other than Sports.ws. Similarly, Sports.ws is not responsible for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Games.
You agree to not use the Games to:
a. impersonate any person or entity, including, but not limited to, a Sports.ws spokesperson, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
b. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Games;
c. harm minors in any way;
d. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. act in a manner that negatively affects other users' ability to engage in real time exchanges and activity;
j. interfere with or disrupt the Games (or servers or networks connected to the Games), or disobey any requirements, procedures, policies or regulations of networks connected to the Games;
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that Sports.ws does not pre-screen Content, but that Sports.ws and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Games. Without limiting the foregoing, Sports.ws and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable.
You acknowledge and agree that Sports.ws may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Sports.ws, its users and the public.
You understand that the technical processing and transmission of the Games, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) changes to conform and adapt to formatting and display requirements.
You agree to indemnify and hold Sports.ws and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Games, your use of the Games, your connection to the Games, your violation of the Terms and Conditions, or your violation of any rights of another.
6. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Games, use of the Games, or access to the Games.
7. MODIFICATIONS TO SERVICE
Sports.ws reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Games (or any part thereof) with or without notice. You agree that Sports.ws shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Games.
8. EXTERNAL LINKS
The Games may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Sports.ws has no control over such sites and resources, you acknowledge and agree that Sports.ws is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sports.ws shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. PROPRIETARY RIGHTS
Users must acknowledge and agree that the Games and any necessary software used in connection with the Games ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Sports.ws or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Games or the Software, in whole or in part.
Sports.ws grants users a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Games. You agree not to access the Games by any means other than through the interface that is provided by Sports.ws for use in accessing the Games.
10. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the Games is at your own risk. Sports.ws expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sports.ws makes no warranty that (i) the Games will meet your requirements, (ii) the Games will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Games will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Games will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the Games is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from Sports.ws or through or from the service shall create any warranty not expressly stated in the Terms and Conditions.
All federal, state and local laws and regulations apply.
Contact Sports.ws
Sports.ws
16 Dod's Dr.
Caledon, Ontario L7K0C6
Canada
[email protected]