This Terms of Service agreement (the "Agreement") is a legal agreement between GridIron Holdings ("BetaBuddy.com," "we," "us", or "our") and you, governing your use of BetaBuddy.com. BetaBuddy.com (the "Service", “Site” or "BetaBuddy") is an online, Social Fantasy Sports Community that enables BetaBuddy.com members ("Member(s)") to create unique online buddy cards, photographs, polls, blogs, pools, and other content with friends and the entire BetaBuddy.com Community, including other Members and users. The Service includes without limitation all of our Web sites. By visiting the Sites or using the Service, you signify your agreement to all of the terms and conditions in the Agreement. If you do not agree to, or cannot comply with, all of these terms and conditions, you must not visit the Sites or use the Service. In addition, when visiting this site, you and BetaBuddy.com shall be subject to the terms of our Privacy Policy and any other posted guidelines, rules, or notices applicable to the Service which may be posted from time to time. All such policies, guidelines, rules, and notices are hereby incorporated by reference into the Agreement. BetaBuddy.com may modify this Agreement from time to time and such modification shall be effective upon posting by BetaBuddy.com on the BetaBuddy Website. You agree to be bound to any changes to this Agreement when you use the BetaBuddy services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
This is an unofficial source of news and information not affiliated with any team(s) or the National Football League (NFL), National Basketball Association (NBA), Major League Baseball (MLB), National Hockey League (NHL), .or any other Sports League or Organization.
Eligibility
You represent and warrant that you are at least 18 years old and that all registration and profile information that you submit to BetaBuddy.com is truthful and accurate. You agree to update such account information as necessary to keep it accurate. If you misrepresent your age, we may terminate your BetaBuddy.com account at any time without warning, and without liability. You are solely responsible for maintaining the security and confidentiality of your password and other Member account information. You agree not to permit others to use your password or other Member account information, and you agree to notify BetaBuddy.com immediately of any unauthorized use of that information. BetaBuddy.com will not be responsible for any loss or damage arising out of the unauthorized use of your password or other Member account information; and you agree to indemnify and hold harmless BetaBuddy.com, its officers, directors, agents, employees, subsidiaries, and affiliates for any unauthorized, improper, or illegal use of that information. You, and not BetaBuddy.com, are solely responsible for all Content published, distributed, or displayed through your account, including without limitation any e-mail messages, posts, internal or externally embedded "widget" code, or tags, and for your interactions with other Members or users.
Contest Eligibility
To be eligible to participate in the Sweepstakes, you must be: (a) a Registered User; (b) a legal resident of one (1) of the fifty (50) United States, Washington D.C., or Canada (excluding Quebec) (for purposes of clarity, Puerto Rico is expressly excluded); and (c) at least eighteen (18) years of age or older or age of majority in your state of residence at the date of entry in this Sweepstakes.
User Conduct
The User shall be responsible for, and assumes all liability associated with, any material made available via the Service under the User's Account, including liability for claims of infringement, libel and slander. The User shall not post, transmit through or otherwise make available via the Service (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of BetaBuddy.com, any advertising or any solicitation with respect to products or services. Although BetaBuddy.com does not and cannot review every message posted by User on the Service, BetaBuddy.com shall be under no obligation to permit any material posted or transmitted by the User to remain on the Service, and may refuse to display or remove from the Service any material which BetaBuddy.com, in the exercise of its sole discretion, believes violates this Agreement or any Operating Rules. Material (defined as messages, chats, stories, articles, or website addresses) authored by User or a user authorized by User under this Agreement ("User Material") that is posted, transmitted through or otherwise made available on the Service by the User in public posting areas (such as feedback, blogs, chat rooms or forums) shall be considered to be in the public domain, and may be copied, published, distributed or otherwise used by BetaBuddy.com (or another User) for any purpose without the permission of the User. User acknowledges that any User Material posted, transmitted through or otherwise made available on the Service may be edited, removed, modified, published, transmitted and displayed by BetaBuddy.com, and User waives all moral rights in such User Material.
Customer Content
Under no circumstances will we be liable in any way for any of Customer Content including, but not limited to, any errors or omissions in Customer Content, or for any loss or damage of any kind incurred as a result of the use of any of Customer Content made available via the Service. BetaBuddy.com does not claim ownership of Customer Content. However, you hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Customer Content and to incorporate Customer Content in other works in any form, media, or technology now known or later developed. You acknowledge that we do not pre-screen Customer Content, but that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Customer Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Customer Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Customer Content. You acknowledge and agree that BetaBuddy.com may archive Customer Content and may also disclose Customer Content at any time and for any reason. Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable.
Member Disputes
You are solely responsible for your interactions with other BetaBuddy.com Members. BetaBuddy.com reserves the right, but has no obligation, to monitor disputes between you and other Members. If you have a dispute with one or more Members or users, you release BetaBuddy.com (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Unsolicited Commercial Email
BetaBuddy.com members agree to not use the Service to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature are prohibited. Although BetaBuddy.com cannot monitor the conduct of its Users off the Site, it is also a violation of this Agreement to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User. In order to protect our Users from such advertising or solicitation, BetaBuddy.com reserves the right to restrict the number of emails which an account holder, User or Member may send to others, to a number which BetaBuddy.com deems appropriate in its sole discretion. If you wish to report a violation of our Anti-Spam Policy, please forward all evidence of abuse to: abuse@betabuddy.com
Term
This Agreement shall remain in full force and effect while you use the Service and/or are a Member. In the event that membership is terminated, all provisions of this Agreement which must survive in order to give effect to their meaning, including without limitation all of your representations, warranties, and indemnification obligations, shall survive.
Termination
Either BetaBuddy.com or the User may terminate this Agreement and the User's Account at any time, with or without cause. In the event the User is dissatisfied with the Service for any reason whatsoever, the only right available to the User is to terminate the User's Account by contacting BetaBuddy.com pursuant to this Agreement. BetaBuddy.com may suspend or terminate User's Account, without notice, in the event of any breach by the User of this Agreement or any Operating Rules or for other conduct by the User which BetaBuddy.com, in its sole discretion, considers to be unacceptable. Suspension or termination of a User's Account means that the Service will no longer be accessible to the User. BetaBuddy.com shall not be responsible for any consequences of such lack of access. Suspension or termination of a User's Account by BetaBuddy.com also terminates the User's license to use any software provided by BetaBuddy.com. The provisions of this Agreement will survive the termination of the Agreement or the User's Account, whether by BetaBuddy.com or the User.
Contest of Skill
You Hereby Acknowledge and Agree that the Challenges, Fantasy Gaming, and other Fantasy Sports Contests are Contests that are determined primarily by SKILL. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, WILL ABIDE BY THE CONTEST OR POOL RULES AND THAT THE CONTEST OR POOL RULES ARE FAIR AND JUST.
Private Pools, P2P Wagers & Leagues
Private Pool Managers are solely and exclusively responsible for timely and correct updating and information entry into their respective Private Pools. If the pool has a prize, it is the sole responsibility of the individual pool manager to award that prize correctly. BetaBuddy.com will not accept any responsibility for errors, omission, negligence or wrongful acts by any Private Pool Manager in the administration of pools, awarding of prizes, or for any other damages, direct or consequential, arising from participation in a Private Pool. If your pool charges a pool fee or provides prizes to winners, it may be considered illegal in the jurisdiction from which you reside. It is your responsibility to determine that your pool is legal in the jurisdiction of every player or participant. By accepting the Terms of Service, you acknowledge that your pool is legal in the jurisdictions of all players participating in the pool. BETABUDDY.COM IS NOT A GAMBLING SITE. IT IS PURELY AN ENTERTAINMENT SITE. YOU ARE NOT RESPONSIBLE FOR ANY BETS MADE THROUGH THIS SITE, NOR DO YOU HAVE THE RIGHT TO COLLECT FROM OTHER BUDDIES. BY ACCEPTING THE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT BETABUDDY.COM IS STRICTLY FOR ENTERTAINMENT PURPOSES ONLY. OTHER USE OF THE SITE IS STRICTLY PROHIBITED, AND IF DISCOVERED, WILL BE IN VIOLATION OF THIS AGREEMENT AND SUBJECT TO EXPULSION.
Statistics
We make every effort to verify the data we receive; however, as we do not generate the initial statistical data, we cannot ensure uninterrupted and error-free service. All Statistics listed on Betabuddy.com are provided by a major third party sports information service.
Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BetaBuddy has no control over such sites and resources, you acknowledge and agree that BetaBuddy 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 BetaBuddy 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.
Software Errors
If you become aware that any software related to the Site or the Services contains any error or is incomplete, please notify BetaBuddy.com by e-mail at support@betabuddy.com You agree to refrain from taking any advantage whatsoever of any such error or incompleteness and BetaBuddy.com reserves the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. BetaBuddy.com will not be liable for any alleged winnings that are, in BetaBuddy.com's sole discretion, the result of a system error or malfunction.
Limited License
BetaBuddy.com Members and Pool Members have a limited license to access and use the software that comprises the pools for which they have registered and paid. No one may reproduce, copy, or redistribute, whole or in part, any of the software that constitutes the BetaBuddy.com service functions. No rights of any kind in any of BetaBuddy.com's software, programs or other property shall accrue to any user, Member or Pool Manager.
Proprietary Rights
BetaBuddy.com is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Website, and is the copyright owner or licensee of the content and/or information on the Website including but not limited to any screens appearing on the Website. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement, for any purpose. However, you may print a copy of the information on the Website for your personal use or records. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and you may be subject to penalties. BetaBuddy.com does not grant any license or other authorization to any User of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on the Website. You acknowledge and agree that the Site and Service and any necessary software used in connection with the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BetaBuddy or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Advertisements
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that BetaBuddy.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
Severability
If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Jurisdiction and Local Laws
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 Site and the Service. Access to the Site 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 BetaBuddy.com does not make any representation or warranty, express or implied, as to the lawfulness of your participation in the challenges, or other online fantasy sports contests, or that materials on this Site are appropriate for use in your Jurisdiction. In the event that your jurisdiction does not permit participation in Fantasy Pools, or Contests, you may not play in a challenge where a prize is awarded and a payment to enter is required. All Members that participate in any contest, or pool challenge are subject to age and identity verification, and must provide all relevant documentation as requested by BetaBuddy.com and/or the Sponsor of a Contest, including without limitation, passport, visas, driver's license, birth certificate, and social security number, for verification and authentication purposes. Accepting any prize and/or winnings from BetaBuddy.com, members and participants acknowledge compliance with these Term of Service and consent to the use of his/her name for advertising or promotional purposes. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
Indemnification
You agree to indemnify and hold BetaBuddy.com, and its subsidiaries, affiliates, owners, officers, managers, employees, attorneys, accountants, agents, licensors, co-branders, and advertisers, 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 Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
Representations and Warranties
You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the Service any materials which: (a) Restrict or inhibit any other user from using and enjoying the Service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact.
Notices
BetaBuddy.com may provide you with notices regarding the BetaBuddy.com service or these Terms of Service by regular mail, email, or postings to this Web site.
Governing Law
The parties irrevocably submit and consent to the exclusive jurisdiction and venue of Ontario Canada. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the Province of Ontario and you agree to personal jurisdiction by the federal courts sitting in Toronto, Ontario, Canada . The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.
Limitation of Liability
IN NO EVENT SHALL BETABUDDY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE OR INCOME, BUSINESS INTERRUPTION, CORRUPTION OF DATA, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS ARISING FROM YOUR USE OF THE SITES OR SERVICE, EVEN IF BETABUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BETABUDDY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH ADVICE OR INFORMATION. YOU SPECIFICALLY ACKNOWLEDGE THAT BETABUDDY SHALL NOT BE LIABLE FOR CONTENT UPLOADED BY MEMBERS OR USERS, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER, USER, OR OTHER THIRD PARTY, AND YOU BEAR THE ENTIRE RISK OF DAMAGE OR HARM FROM THE FOREGOING. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH BETABUDDY.COM, OR THE SERVICE OR ANY LINKS THEREON, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH BETABUDDY.COM, OR THE SERVICE OR ANY LINKS THEREON. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO LIMITATIONS AND EXCLUSIONS HEREIN MAY OR MAY NOT BE APPLICABLE TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BETABUDDY.COM'S ENTIRE LIABILITY TO YOU FOR ANY CAUSE OR ACTION WHATSOEVER, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BETABUDDY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Disclaimers
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BETABUDDY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICE; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. BETABUDDY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BETABUDDY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, BETABUDDY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BETABUDDY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
Other
This Agreement is accepted upon your use of the BetaBuddy.com Website or any of the BetaBuddy.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BetaBuddy.com regarding the use of the BetaBuddy.com Services. The failure of BetaBuddy.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BetaBuddy.com is a trademark of Gridiron Holdings. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. By using this web site you hereby agree to be bound by all the terms and conditions contained in this agreement.
