I. PRELIMINARY PROVISIONS
A. DISCLAIMERS:
1. THIS SITE INCLUDES INFORMATION ABOUT ONLINE GAMING - WE ARE JOURNALISTS WHO WRITE ABOUT GAMING, AND OFFER OTHERS AN OPPORTUNITY TO EXPRESS THEIR VIEWS AND OPINIONS. This website does not recommend or encourage gambling, whether it is illegal or legal. This website is a journalistic enterprise that acts as a watchdog over the online wagering industry. If you are seeking anything other than neutral reportage on this industry, you are visiting the wrong website and you should exit this website immediately.
2. PROTECT YOURSELF:
(i). IF YOU THINK YOU HAVE A GAMBLING ADDICTION -- Do not access the information contained in Gaming Review if you feel that you may have a gambling problem. If you suspect that you have a gambling problem, exit this site immediately and seek help for your addiction.
(ii). ONLINE GAMING IS NOT LEGAL IN CERTAIN AREAS. Consult your local authorities before participating in online wagering of any kind. Nothing contained on this site should be construed as legal advice on any activity relating to gambling.
(iii). GAMBLING IS FOR AMUSEMENT, NOT FOR INCOME: Statistics conclusively prove that nearly all gamblers will lose money over the long term.
(iv). DO NOT USE THIS SITE IF YOUR ARE UNDER 18. This site is not designed for minors. You must be 18 or older to access this website.
B. Party Definitions and Introductory Terms
1. The operative parties referred to in this Agreement are as follows:
(i). Us, the Publisher -ChiefBrand.Co., is the publisher of the website(s). Hereinafter, when first-person pronouns are used in this Policy, (us, we, our, ours, etc.) they are referring to this entity and publisher of the applicable website. This entity may also be referred to as “Publisher” from this point forward. Additionally, when the terms “The Site” or “Site” are used, these terms refer to the aforementioned website.
(ii). You, the User - As the user of this Site, this User Agreement will refer to the user as “You” or through any second-person pronouns, such as “Yours,” etc. Hereinafter, the user of the Site shall be referred to in applicable second-person pronouns.
2. Consideration
(i). Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to access our online publication free of charge.
(ii). You agree that such Consideration is both adequate, and that it is received upon your viewing any portion of our website.
C. What this Agreement is - This Agreement is a legal contract between You and the Publisher. You should treat it as any other legal contract by reading its provisions carefully, as they will affect Your legal rights. By accessing the Site in any manner, You are affirmatively agreeing to be bound by all of the terms contained in this Agreement. You may not pick and choose which terms apply to You. If You do not agree with all of the terms in this Agreement, You must cease all access and use of the Site and any other services provided by the Publisher.
II. ACCESS AND LIMITED LICENSE - All Users may access certain public areas of the Site. This User Agreement covers all public and non-public areas of the Site. The Publisher grants You a limited, nonexclusive, nontransferable personal license to access and use the Site and the Materials contained therein. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. You will not copy or redistribute any of the content appearing on this Site. Publisher reserves the right to terminate this license at any time if You breach or violate any provision of this Agreement, in which case You will be obligated to immediately destroy any information or materials You have downloaded, printed, or otherwise copied from this Site. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
III. SPECIAL CONSIDERATIONS REGARDING MINORS
A. Age of Majority. In order to use the Site or any services provided by the Publisher, you must have attained the age of majority in your jurisdiction. You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that You have the legal capacity to enter into this Agreement. If You are not at least 18 or 21 years of age, depending on the age of majority in Your jurisdiction, you must exit the Site immediately and may not use or access the Site or print or download any Materials from the Site whatsoever.
IV. CONTENT
A. The text, software, images, graphics, data, messages, or other information, and any other World Wide Website owned, operated, licensed, or controlled by the Publisher is all collectively referred to as “the Materials.”
B. The Materials include links and informational content reporting on the subject of online wagering and gambling. Internet gambling is not legal in certain areas. You agree that you will consult your local authorities or your personal attorney prior to registering with any online wagering service. In any event, by accessing this site, and agreeing to these terms and conditions, You are now, and forever, giving up your right to bring any claims against us for any cause of action related to Your use of any site linked to on our Sites.
C. You have no right to blame the Publisher or to seek any compensation of any kind from the Publisher if you ignore the law or if you are ignorant of the law surrounding online gambling. You agree that if you play on or sign up for any online gambling links that you may find on our site, that you assume full responsibility for your actions, and you will not hold the Publisher responsible for any losses, damages, or any other negative impact that may come from your decision to gamble.
D. You acknowledge and stipulate that all of the Materials found on our site are fully protected by the First Amendment to the United States Constitution.
E. If You are seeking information regarding any illegal activities, please leave this Site immediately. You acknowledge that you are aware of the community standards, restrictions and requirements in your local community, and You will only access the content on the Site if you believe that the content on the Site does not offend such standards, restrictions and requirements prevalent in Your community.
F. Under no circumstances; under no cause of action or legal theory, shall the owners, creators, associates or employees of this website be liable to You or any other person or entity for any direct, indirect, special, incidental, or consequential damages of any kind whatsoever.
G. You acknowledge that with respect to any content posted to our site by third parties, we act solely as an ‘access provider’ within the meaning of Section 230 of the Communications Decency Act of 1996 (“CDA”), and are therefore protected from claims arising out of such content by the immunities granted by this Act.
V. RESTRICTIONS ON USE OF SITE:
A. You agree that You will only use the Site for purposes expressly permitted and contemplated by this User Agreement. You may not use the Site for any other purposes without Our express prior written consent.
B. Without Our express prior written authorization, You may not:
1. Duplicate any part of the Site or the Materials contained therein (except as expressly provided elsewhere in this Agreement);
2. Create any derivative works based on the Site or any of the Materials contained therein, and You agree and stipulate that any and all derivative works are NOT “fair use”;
3. Use the Site or any of the Materials contained therein for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
4. Re-distribute the Site or any of the Materials contained therein, and You hereby agree and stipulate that any and all such uses are NOT “fair use”;
5. Remove any copyright or other proprietary notices from the Site or any of the Materials contained therein;
6. Frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein;
7. Use any meta-tags or any other “hidden text” using the Site’s name or marks, and You hereby stipulate that any use of the Site’s name or marks, or any other marks owned by the Publisher is an infringement upon the Publisher’s trademark rights.You agree to pay any and all fees incurred in the recovery of this amount, including attorney’s fees and all associated costs.
8. “Deep-link” to any page of the Site (including the homepage), or avoid agreement to the Site’s Terms & Conditions; you may only link to the main entry page;
9. Circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Site);
10. Use any data mining, bots, or similar data gathering and extraction tools on the Site;
11. Decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law;
12. Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of Your rights to access and use the Materials as granted specifically by this Agreement; or
13. Bookmark any page of the Site beyond the registration log-in screen.
C. You agree to cooperate with the Publisher in causing any unauthorized use to cease immediately. With respect to any areas of the site which enable users to share information or communicate with other users, You agree not to publish, disseminate, or submit any defamatory, or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and by doing so, Your actions shall constitute a material breach of this Agreement and the Site shall terminate all of Your rights under this Agreement.
D. Interference. Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of the Publisher’s Materials or any other Materials from Our Site. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it. If You do not adhere to this provision of this Agreement, You hereby stipulate to and agree to pay all fees associated with recovery of these damages, including attorney’s fees and costs.
E. Special Provisions regarding www.sbrlines.com: sbrlines.com is a data service that provides information in a real-time format.
1. The Theory of "collective wisdom" provides that the aggregation of information provided by groups results in decisions that are often better than those that can be made by any single member of the group.
2. It has been suggested that this theory can predict economic events, political events, and even the likelihood of acts of terrorism.
3. This theory, on average, has a tendency to suggest the outcome of sporting events as well.
4. SBRlines.com is the result of our journalists' attempts to gather together as much collective wisdom as possible about upcoming sporting events. Users are invited to view this site to track the success of the collective wisdom theory, for entertainment, or to track data to disprove our theories and the accuracy of our mathematical and statistical models, as well as the accuracy of the mathematical and statistical models of our sources.
5. We take no position on the usefulness of the information on sbrlines.com for any other purpose.
F. Special Provisions Regarding ChiefBrand.com: ChiefCyberPicks is provided as a means for users to communicate with each other. We do not publish information on the forums, nor do we exercise editorial control over the forums. We reserve the right to remove any information posted on the forums that we consider to be harmful, violative of the rights of others, pornographic, or offensive. Nevertheless, this policy does not create an obligation for us to police the content of communications occurring in our forums.
We take the position that Section 230 of the Communications Decency Act of 1996 (“Section 230”) provides immunity from any and all claims arising from any statements posted by others on our forums, including defamatory, harassing, offensive, solicitous, harmful or obscene statements made by others. You hereby agree not to challenge or oppose to this interpretation of Section 230, irrespective of whether a court agrees with it or not, and as a function of this Agreement.
You agree that you will not hold Us responsible for other users' actions or inactions, including things they post on the forums for any reason whatsoever.
You also release, acquit, and otherwise discharge us from any and all claims and demands of every kind and nature, known and unknown, arising out of or in any way connected with anything posted by another user.
VI. DISCLAIMER OF WARRANTY:
A. You expressly agree that use of the Site or any of the Materials contained therein is at Your own and sole risk. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site or any of the materials or links contained therein is done at Your own discretion and risk and that You will be solely responsible for any losses that may occur as a result.
B. The Site and all materials contained therein are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Information on this site is collected from outside sources and/or is opinion and is offered "as is" without warranties of accuracy of any kind.
C. Publisher makes no representations or warranties that the Site or any materials contained therein will be uninterrupted, timely, secure, or error free; nor does Publisher make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the Site or any of the materials contained therein.
D. You understand that Publisher cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. Publisher does not assume any responsibility or risk for Your use of the internet.
E. Publisher makes no warranty regarding any goods or services purchased or obtained through the Site or any transaction entered into through the Site and is not responsible for any use of confidential or private information by sellers or third parties.
F. Publisher may change any of the information found on this Site at any time without notice including this User Agreement without notice. Site owner makes no commitment to update the information found at this Site. Site makes no commitment to update the materials.
G. The warranties and representations set forth in this Agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person.
VII. ADDITIONAL DISCLAIMERS AND INDEMNIFICATION
A. The provision of any services which is in violation of any laws is strictly prohibited. If We determine that You or any user has provided or intends to purchase or provide any services in violation of any law, your ability to use the Site will be terminated immediately. We do hereby disclaim any liability for damages that may arise from any user providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold Us harmless from any liability that may arise for us should You violate any law.
B. You also agree to defend and indemnify Us should any third party be harmed by Your illegal actions or should We be obligated to defend any claims including, without limitation, any criminal action brought by any party.
C. You agree to defend, indemnify, and hold harmless the Publisher, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your, or You under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Site or any of the Materials contained therein, or Your breach of any of this User Agreement. Publisher shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
VIII. LIMITATION OF LIABILITY:
A. In no event shall Publisher (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Site or any of the materials contained therein, even if Publisher has been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if Publisher has been advised of the possibility of such damages.
B. In no event shall Publisher’s maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by You for use of a Site or Site for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
IX. LINKS AND LINKING:
A. Some websites which are linked to the Site are owned and operated by third parties. Because the Publisher has no control over such websites and resources, You acknowledge and agree that Publisher is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
B. You further acknowledge and agree that Publisher 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 third-party content, goods or services available on or through any such website or resource. If You decide to access any such third party website, you do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein.
C. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Site’s User Agreement, Spam Policy, Webmaster Agreement, or Privacy Policy, which are incorporated into this Agreement by reference.
D. Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not constitute an endorsement by the Publisher of such websites or the content, products, advertising, or other materials presented on such Site, but are for user's convenience.
E. All users do hereby agree to hold the Publisher harmless from any and all damages and liability that may result from the use of links that may appear on the Site. The Publisher reserves the right to terminate any link or linking program at anytime.
X. TRADEMARK INFORMATION:
A. Publisher and the aforementioned name of the Site is a service mark and/or trademark of the Site. The name of the Site and the name of the Publisher are considered trademarks owned by the Publisher. We aggressively defend our intellectual property rights.
B. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
C. All of the marks, logos, domains, and trademarks that You find on the Site may not be used publicly except with express written permission from Publisher, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Publisher.
XI. COPYRIGHT INFORMATION:
A. The Materials accessible from the Site, and any other World Wide Website owned, operated, licensed, or controlled by Publisher, is the Publisher’s proprietary information and valuable intellectual property and We retain all right, title, and interest in the Materials. The Site and its software are registered with the U.S. Copyright Office.
B. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of Publisher, except that you may print out a copy of the Materials solely for Your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
C. Modification or use of the Content except as expressly provided in this User Agreement violates the Publisher’s intellectual property rights.
D. Neither title nor intellectual property rights are transferred to You by access to the Site.
E. All Materials included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of the Publisher or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on the Site is the exclusive property of the Publisher or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations. © ChiefBrand.com, (2005-2006), all rights reserved.
XII. NOTICE OF CLAIMED INFRINGEMENT
The Publisher respects the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If You believe that Your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Publisher’s Designated Copyright Agent the following information:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. Description of the copyrighted work or other intellectual property that you claim has been infringed;
C. A description of where the material that you claim is infringing is located on a Site;
D. Your address, telephone number, and email address;
E. A statement by You that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. A statement by You, made under penalty of perjury, that the above information in your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
G. You may send your Notice of Claimed Infringement to:
Email:
Web:
Please do not sent other inquires or information to our Designated Agent.
XIII. NOTICE AND TAKEDOWN PROCEDURES:
The Publisher implements the following “notice and takedown” procedure upon receipt of any notification of claimed copyright infringement:
A. The Publisher reserves the right at any time to disable access to, or remove any material or activity accessible on or from the Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
B. It is the firm policy of the Publisher to terminate the account of repeat copyright infringers, when appropriate, and the Publisher will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (“DMCA”). The Publisher’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and §512 of the DMCA, but does comply with three requirements for identifying Site that is infringing according to §512 of the DMCA, the Publisher shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements.
C. When the Designated Agent receives a valid notice, the Publisher will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
XV. NO AGENCY RELATIONSHIP:
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
XVI. NOTICE:
A. Notice. Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site, or personal delivery by commercial carrier such as Federal Express or Airborne. Notices by customers to Publisher shall be given by electronic messages unless otherwise specified in the Agreement.
B. Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
C. When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
XVII. COMMUNICATIONS NOT PRIVATE:
Publisher does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Publisher shall be deemed to be readily accessible to the general public. Visitors should not use this Site to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can and may be read by the agents and operators of this service, regardless
