Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
SportHold is a web app and mobile app that collects its Users’ predictions about the results of sporting events. We will sell those predictions either individually or in aggregate to other companies or individuals (e.g., sports gamblers, sports bookmakers, sports content publishers). We do not sell the data with usernames attached but instead with a unique number (known as “hashing” the data). Users sign up with a username and e-mail address. Users may also use their Facebook account to sign up for our Service. Users must have an account on our Site in order to make sports predictions.
SportHold holds competitions where Users may win money for correctly making predictions. Our Site is free for Users to enter these competitions.
In order to use our Service, you must meet a number of conditions, including but not limited to:
The data provided by SportHold is offered on an as-is, where-is basis. You agree that SportHold makes no representations about the reliability of any data provided and that we do not advise you to make any betting or other decisions based upon the data provided. You hereby release SportHold from any liability relating to the data provided to you, as well as any other liability relating to the acts or omissions of any of our Users.
Payment can be made by means of PayPal or bank transfer. Unless otherwise stated, all prices are denominated in United States dollars.
We provide a refund if the data ordered is not delivered in the quantity promised, is incomplete or not delivered within the agreed upon timeframe. If you would like to request a refund, please send us your request with full details to email@example.com.
SportHold may, but is not obligated to, provide discounts. SportHold may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
Where a User conducts a chargeback or PayPal dispute against SportHold, such User shall be liable to SportHold for the full amount of that chargeback as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by SportHold in its enforcement of its rights under this section.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
SportHold must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
“SportHold” is a trademark used by us, SportHold Inc., to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service.
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
You must sign this notification electronically and send it to our Copyright Agent at firstname.lastname@example.org.
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our Site by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at email@example.com if any of our Users have posted anything that you believe is defamatory.
The SportHold App is offered for mobile devices. As such, you may incur data or other charges from your mobile carrier. You are advised to contact your mobile carrier to inform yourself of what the use of our Service may cost you, and you agree that SportHold is not responsible for the payment of any charges associated with your use of our Service.
By downloading our App, you agree that you are receiving a revocable license to install one copy of our App on the device for which it is intended. You agree not to reverse engineer, copy, or otherwise tamper with or reproduce our App. SportHold may revoke its license to you at any time without notice or compensation, at which point you agree that you will take all reasonable steps to remove our App and its derivative files from any device under your possession or control.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE OF A BUYER TO MAKE THE APPROPRIATE PAYMENT TO YOU IF YOU ARE A SELLER, OR OF A SELLER TO RENDER THE REQUIRED GOODS OR SERVICES TO YOU IF YOU ARE A BUYER.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
This Agreement shall be governed by the laws in force in the State of Delaware. The offer and acceptance of this contract are deemed to have occurred in the State of Delaware.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Delaware. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within a Justice of the Peace Court of the State of Delaware (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, SportHold shall have the sole right to elect which provision remains in force.
Disputes amongst Users where SportHold is not a party shall have any inconsistent provisions resolved according to their mutual agreement or, in a case where they cannot agree, by a court of competent jurisdiction in accordance with this Agreement’s dispute provisions.
SportHold reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will e-mail you to inform you that there has been a change. Your continued use of our Service shall constitute your acceptance of any such amendments.
Only one account per person is allowed. Making predictions using another user's account is prohibited. All prizes won under these conditions will be null and void. A person is only allowed one entry for themselves for challenges. Users cannot enter a challenge on behalf of another person.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about SportHold must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to firstname.lastname@example.org.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: Feb 10, 2015
Welcome to SportHold website www.sporthold.com ("Website") and thank you for reviewing our Terms and Conditions of Use. We hope that you will enjoy this website. SportHold is a trade name owned and commercialized by SportHold Inc. hereinafter referred to as “Provider”. Provider makes this Website, including any and all information, documents, communications, files, text, graphics, software, and audio/visual files (collectively, the "Service") available for your use subject to the Terms and Conditions of Use set forth below. The Terms and Conditions of Use spell out what you can expect from us as well as what we expect from you.
By using this Website and/or creating an account and becoming a member, you accept and agree to all terms, conditions and notices contained or referenced on the website ("Terms and Conditions of Use"). Please read the following Terms and Conditions of Use carefully. If you do not agree to the Terms and Conditions of Use, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Service from this Website, or merely browsing this Website, you agree to and are bound by these Terms and Conditions of Use.
Provider reserves the right to change the Terms and Conditions of Use at any time, without prior notice to any Website visitor ("User" or "You"). For this reason, we encourage you to review these Terms and Conditions of Use whenever you use our Website. If you breach any of the Terms and Conditions of Use, your authorization to use this Website automatically terminates.
All services are strictly for entertainment purposes and may not be used in connection with any form of gambling. Promotion of gambling sites from this site is prohibited. SportHold, Inc., will not be held liable for any actions created by, through or under any members actions or sports investment recommendations.
Please choose carefully the information you post on sporthold.com and that you provide to other Members. Your sporthold.com profile may not include the following items: telephone numbers and street addresses, and any photographs or avatars posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other sporthold.com Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and sporthold.com assumes no responsibility or liability for this material.
Sporthold.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
To be eligible to register and create an authorized account ("Account"), you must be at least the age of majority of your applicable jurisdiction of residence which is twenty one (21) years of age or older for residents of the United States, including the District of Columbia, and you may not be a firm, business entity or institution. By using this Website and Service, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by all of these Terms and Conditions of Use. Provider reserves the right, in its sole and absolute discretion, to refuse service and access to any potential participant. Employees, officers, directors, investors, agents, and representatives of Provider and their respective parent, affiliates and subsidiaries, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such and sponsors and affiliates and advertising and promotion agencies of Provider are NOT eligible to use or create an Account on the Website.
Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the sporthold.com shall not violate any applicable law or regulation, whether state or local. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
These Terms of Service will apply to your use of the SportHold service. You may terminate your membership immediately at any time, for any reason, by sending an email to referee(@)sporthold.com. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the SportHold website platform or services. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Website and the Service. Access to the Website may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction and Provider does not make any representation or warranty, express or implied, as to the lawfulness of your participation in or use of Service on this Website are appropriate for use in your Jurisdiction. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or participate in the Service offered on the Website while located in a prohibited Jurisdiction, you will be in violation of the law of such Jurisdiction and these Terms and Conditions of Use, and subject to having your account suspended or terminated.
When you create your Account, you represent that you are at least the age of majority of your applicable jurisdiction of residence which is twenty-one (21) years of age in the United States and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Provider has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under your Account, including fees or charges incurred for premium features or options and payment for purchases made through the Service. Access to and use of premium features or options of the Service is subject to posted terms and conditions (including payment of applicable fees and charges).
Once you have selected or been allocated a unique username and password ("Identifiers") for your Account, it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Website. In the event that you are concerned that your Identifiers are no longer secure and confidential, you should immediately notify Provider by sending an email to email@example.com , whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Provider. Without limiting the foregoing, any transactions made and accepted on the Website where your Identifiers have been used (and where you have not previously notified Provider as provided herein) will be treated as valid.
Only one Account is allowed per person. Your Account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including without limitation any person under the legal age to use the Service in your applicable Jurisdiction, and in no event any person under the age of thirteen years, to use or re-use your Account or your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section may be reported to the relevant authorities.
You are responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under your Account, including fees or charges incurred for premium features or options and payment for purchases made through the Service. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card at the time of purchase; and (ii) all fees and charges (including subscription fees) are non-refundable. You agree that any purchases made by you via credit card are specifically authorized to be charged to the credit card given by you at the time of purchase. You may receive supporting information relating to charges to your Account by sending a written request to firstname.lastname@example.org or Customer Service, Apartment 65277, 548 Market Street, San Francisco, California, 94104-5401, United States of America.
All Service and the compilation of all content included on this Website are owned or licensed by Provider and protected by United States and international copyright laws. Copyright 2015 SportHold Inc. All Rights Reserved. Provider does not claim ownership of copyrights owned by third parties. You have been granted a license to view and use the Service subject to these Terms and Conditions of Use. Unless otherwise specified, the Service on this Website is for your personal and non-commercial use. You may not sell or modify the Service or reproduce, display publicly or otherwise use the Service in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Provider. Users may not provide copyrighted or other proprietary information to Provider without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
The Digital Millennium Copyright Act of the United States (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to Provider's Designated Agent listed below. For your notice to be effective, it must include the following information:
Provider's Designated Agent is:SportHold Inc.
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Provider in connection with your use of this website shall be the exclusive property of Provider. User agrees that unless otherwise prohibited by law Provider may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.
Any and all software which may be downloaded and/or installed from this Website is made available to Users pursuant these Terms and Conditions of Use.
We do our commercially reasonable best to maintain the security and the privacy of your credit card information but take no responsibility if any third party determines or uses this information without your consent.
User expressly agrees that use of the Website and Service is at User's sole risk. Provider nor any of its respective officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Provider, or the like, warrant that websites affiliated with Provider, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Provider makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Provider shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized spokesperson. Advertisers, content providers, User, guests, independent writers and experts are not authorized spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
THIS WEBSITE, INCLUDING THE SERVICE AND ANY SOFTWARE, IS PROVIDED BY PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING EMAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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 AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, ANY SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER’S RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDER’S GOODS OR SERVICES, FROM INABILITY TO USE PROVIDER'S GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDER'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue your use of this Website.
User agrees to use the Website and the Services provided through this Website only for lawful purposes. Unacceptable uses of the Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, Remote Access Trojans (RATs), keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
User acknowledges and agrees that User shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use, the Service offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If Provider determines, in their sole discretion, that User has engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise commit fraud with regard to the Website, then, in such an event, User will be subject to suspension or termination of User's access to the Website and/or Service, and Provider reserves the right to institute civil or criminal proceedings against User and to report User to the relevant regulatory authorities.
These Terms and Conditions of Use are effective until terminated by either party. User may terminate these terms at any time by discontinuing use of the Website. User's access to the Website may be terminated immediately without notice from Provider if in their sole discretion User fails to comply with any term or provision of these Terms and Conditions of Use.
If you use this Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojan horses, etc. that may track any data you enter via this Website, including email address, credit card number, and other payment related information. In addition, you are responsible for maintaining the confidentiality of your Provider account ("Account") and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. You agree to (a) immediately notify Provider of any unauthorized use of your password or Account or and other breach of security, and (b) ensure that you exit from your Account at the end of each session. Provider cannot and will not be held liable for any loss or damage arising from your failure to comply with this section. Provider reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
You agree to defend, indemnify and hold harmless Provider and their respective subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) Your use of the Website or the Service, including any data or work transmitted or received by you or any service provider; (b) any other party's access and use of the Website or the Service with your unique Identifiers, except where you have previously notified Provider that you believe such Identifiers are no longer secure and confidential, as specified in Section 4(A); (c) Your connection to any site; (d) Your violation of these Terms and Conditions of Use; (e) Your violation of any sports betting regulations, edicts or laws to which you are subject; or (f) Your violation of any rights of a third party or service provider.
The failure of Provider to require or enforce strict performance by User of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Provider’s right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions of Use, which shall continue to be in full force and effect.
The sporthold.com service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the sporthold.com service for any purpose.
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the SportHold management. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by sporthold.com for any illegal or unauthorized use of the Website.
As required by California Code Section 1789.3, this notice is to advise you that (a) this Website is a service provided by SportHold Inc. (Apartment 65277, 548 Market Street, San Francisco, California, USA, 94104-5401) , and that (b) the fees and charges for the Service vary depending on the particular features and services selected by the User. Provider reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to the Users of the Service. If you have a complaint regarding the Service or desire further information on use of the Service, contact SportHold.com by telephone at 1 (800) 683-5866. For complaints from residents of the United States, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
These Terms and Conditions of Use may be changed at any time, without prior notice. Activities offered by advertising links to other sites may be deemed an illegal activity in certain jurisdictions. Viewers are specifically warned that they should inquire into the legality of participating in any games and/or activities offered by such other sites. The owner of this website assumes no responsibility for the actions by and makes no representation or endorsement of any of these games and/or activities offered by the advertiser. As a condition of viewing this website viewers agree to hold the owner of this website harmless from any claims arising from the viewer's participation in any of the games and/or activities offered by the advertiser. US CITIZENS PLEASE NOTE: The information contained at this site is for news and entertainment purposes only. Any use of this information in violation of any federal, state, provincial or local law is prohibited.