Gamblersglen.com TERMS OF USE
WELCOME TO Gamblersglen.com! Please read these
terms and conditions of use carefully before using gamblersglen.com
(the "Site"). Your access to and use
of the Site is subject to the following terms and conditions
(including the Privacy Policy of the Site) and
all applicable laws. By accessing and using this Site, you
signify your assent to these Terms of Use. If
you do not agree to these Terms of Use, please do not
use the Site. These Terms of Use may be amended
or modified, or new conditions may be imposed,
at any time. Any such changes or additions will
be reflected by an update of this posting. Please check
these Terms of Use periodically for changes.
Your continued use of the Site following the posting of
changes to these terms will mean you accept
those changes.
1. OWNERSHIP AND USE RESTRICTIONS
Gamblersglen.com shall be referred to herein as
the "Operator."
The Operator maintains this Site for your
personal entertainment, information, education, and
communication. Please feel free to browse the
Site. You may download material displayed on the Site
to any single computer only for your personal,
noncommercial use, provided you also maintain all
copyright and other proprietary notices
contained on the materials. You may not, however, distribute,
reproduce, republish, display, modify, transmit,
reuse, repost, or use any materials of the Site for
public or commercial purposes on any other Web
site or otherwise without the written permission of the
Operator. Modification of any materials
displayed on the Site is a violation of the Operators' copyright
and other proprietary rights.
2.
MESSAGE FEATURES
The Site may offer opportunities for you to send
messages or postings in connection with various
features including electronic mail, chats with
special guests and forums to communicate with other
users ("Message Features"). In order
to participate in any Message Feature, you may be required to
provide accurate and complete personal
information consisting of your name and e-mail address,
which
shall be collected pursuant to the Privacy Policy of this Site.
You must use Message Features in a responsible
manner. You must not transmit any message
("Message") in connection with any
Message Feature that: (i) restricts or inhibits any other user from
using and enjoying the Site; (ii) is unlawful,
threatening, abusive, bigoted, hateful, libelous,
defamatory, obscene, vulgar, offensive,
pornographic, profane, sexually explicit or indecent; (iii)
constitutes, advocates or encourages conduct
that would constitute or give rise to a criminal offense,
civil liability or other violation of any local,
state, national or international law; (iv) violates, plagiarizes
or infringes the rights of third parties
including, without limitation, copyright, trademark, patent, rights
of privacy or publicity or any other proprietary
right; (v) contains a virus or other harmful component;
(vi) contains any information, software or other
material of a commercial nature; (vii) contains
advertising, promotions or commercial
solicitations of any kind; (viii) constitutes or contains false or
misleading indications of origin or statements
of fact; or (ix) contains material irrelevant to the subject
matter of the Message Feature.
The Operator shall have the right, but not the
obligation, in its sole discretion to review, edit or delete
any Message transmitted in any Message Feature
that: (i) violates any term of these Terms of Use; or
(ii) is otherwise illegal, offensive or
inappropriate. Depending on the nature of the violation, the
Operator shall have the sole discretion to
terminate your access to the Site. Please be advised that the
Operator will fully cooperate with any law
enforcement authorities or court order requesting or directing
the Operator to disclose personal information of
anyone who submits a Message that violates the
foregoing terms in accordance with the Privacy
Policy of the Site.
Although the Operator may from time to time
monitor or review Messages submitted in discussions,
chats, postings, transmissions, bulletin boards,
and the like on the Site, the Operator is under no
obligation to do so and
assumes no responsibility or liability arising from the content of any Message
nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity,
danger, or inaccuracy contained therein. Display
of any Message in any Message Feature does not
constitute approval or endorsement by the
Operator.
Messages submitted to the Site by electronic
mail or otherwise, including any data, questions,
comments, suggestions or the like are, and will
be treated as, nonconfidential and nonproprietary. By
submitting a Message to the Site, you
acknowledge that any information disclosed by you therein (i)
may be used by any third party; (ii) is not
confidential and may be read or intercepted by others; (iii)
creates no confidential, fiduciary,
contractually implied or other relationship between you and the
Operators other than pursuant to these Terms of
Use; and (iv) is subject to the grant of rights to the
Operator described in paragraph 3 below.
3. SUBMISSIONS
By transmitting any Message (see Paragraph 2
above regarding "Messages") or submitting creative
ideas, concepts, know-how, techniques,
suggestions or materials (collectively, "Submissions"), you are
automatically granting the Operator a perpetual,
royalty-free, non-exclusive, unrestricted, worldwide
and irrevocable right and license to use,
reproduce, modify, publish, translate, prepare derivative works
based upon, distribute, perform or display such
Submissions, in whole or in part, in any form, media or
technology known or hereafter developed for any
purpose, including, but not limited to, advertising
and promotional purposes (collectively,
"Rights"). This means that anything submitted by you to
gamblersglen.com will be owned by
Gamblersglen.com and may be used by Gamblersglen.com for any purpose, now
or in the future,
without any payment to, or further authorization
by, you. All Submissions, whether solicited or
unsolicited, shall become and remain the
property of the Operator. The Operator also has the right,
but not the obligation, to use your name in
connection with the broadcast, print, online or other use or
publication of your Submission.
A. Solicited Submissions: At times, the Operator
may solicit Submissions from visitors to Gamblersglen.com,
including, but not
limited to, information, ideas, artwork or other materials. For information on
how
solicited Submissions will be used, please
review any notices of planned use posted where we solicit
the Submission. Your provision of information in
response to such a solicitation is a grant by you to the
Operator of the Rights described above.
4. VOTES
The Site may offer you opportunities to vote in
connection with certain events including All-Star Game
balloting for the NBA. By casting a vote, you
signify your agreement to all voting guidelines set forth on
the Site as well as in these Terms of Use.
5. LINKS
The following restrictions apply to all links to
the Site from any on-line, cable, wireless or other site,
service or browser:
A. Sites, services or browsers other than
Commercial Sites (e.g., fan sites, chamber of commerce sites,
search engines, widely available Internet
browsers) ("Permissible Sites") may link to Gamblersglen.com without
our express written permission.
B. All links to Site from a Permissible Site
must be to the Site's Main page or to the main page of a
particular section -- links to internal pages
within the Site other than the above mentioned are not permitted.
F. The posting or creation of any link to the
Site signifies that you have read these Linkage
Restrictions and agree to abide by their terms.
6. DISCLAIMER OF WARRANTIES AND DAMAGES;
LIMITATION OF LIABILITY
While the Operator uses reasonable efforts to
include accurate and up to date information in the Site,
the Operator makes no warranties or
representations as to its accuracy. The information contained in
or made available through the Site (including,
but not limited to information contained on Message
Features or text files) cannot replace or
substitute for the services of trained professionals in any field,
including, but not limited to, financial,
medical or legal matters. The Operator assumes no liability or
responsibility for any errors or omissions in
the content of the Site.
The
Operator and its respective affiliates, owners, employees, directors, officers
or shareholders
(collectively, the "Operator Parties")
make no representation that the materials contained in the Site
are appropriate or authorized for use in all
countries, states, provinces, county or any other
jurisdictions. If you choose to access the Site,
you do so on your own initiative and risk and are
responsible for compliance with all applicable
laws.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE
OPERATOR
PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THE
OPERATOR PARTIES DO NOT WARRANT OR REPRESENT
THAT THE INFORMATION CONTAINED IN THE
SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED,
RELIABLE OR TIMELY, OR THAT THE SITE
WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR
VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE
THAT THE OPERATOR PARTIES ARE
NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OF THE SITE OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE
THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT
LIMITED TO BREACH OF CONTRACT, TORT OR
NEGLIGENCE, WILL THE OPERATOR PARTIES BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, OR
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN
CONNECTION WITH ANY FAILURE OF PERFORMANCE,
ERRORS, INACCURACIES, OMISSIONS, DEFECTS,
UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, OR
UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE
OR INABILITY TO USE THIS SITE OR ANY CONTENT
THEREIN. IN NO EVENT SHALL THE OPERATOR
PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY
LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING
OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID
BY YOU FOR ACCESSING THIS SITE, IF ANY.
The Site may contain links and pointers to other
World Wide Web sites, resources, and advertisers of
the Site. Links to and from the Site to other
sites, maintained by third parties, do not constitute an
endorsement by the Operator or any affiliate of
any third party site or content. The Operator is not
responsible for the availability of these third
party resources, or their contents. The Operator has not
reviewed any or all of the sites linked to the
Site and are not responsible for the content of any off-Site
pages or any other sites linked to the Site.
Your linking to the Site, off-Site pages or other sites is at
your own risk and without the permission of the
Operator. By clicking on any such link, you
acknowledge that the Site has no control over,
and makes no representations of any kind with respect
to, such other sites or any content contained
within such other sites, and you hereby revoke any claim
against the Operator with respect to such other
sites. You should direct any concerns regarding any
external link to its site administrator or
Webmaster.
7. INDEMNIFICATION
You hereby agree to indemnify and hold Gamblersglen.com,
vendors, business partners, and each of their
respective general and limited partners,
members, shareholders,
directors, officers, employees, agents and
representatives harmless from all claims, liabilities,
damages and expenses (including attorneys' fees
and court costs) arising out of or relating to: (i) your
use of the Site, including, but not limited to
use of any Message Feature and (ii) any
breach or alleged breach of these Terms of Use.
10. TERMINATION OF
SERVICE
The Operator may change, suspend or discontinue
any aspect of the Site at any time, including the
availability of any Site feature, database, or
content. The Operator may also impose limits on certain
features and services or restrict your access to
parts or the entire Site without notice or liability at any
time in the Operator's exclusive discretion,
without prejudice to any legal or equitable remedies
available to the Operator, for any reason or
purpose, including, but not limited to, conduct that the
Operator believes violates these Terms of Use or
other policies or guidelines posted on the Site or
conduct which the Operator believes is harmful
to other customers, to the Operator's business, or to
other information providers. Upon any
termination of this agreement, you will immediately discontinue
your use and access of
the Site and destroy all materials obtained from it.
11. SOFTWARE
Software and other materials from this Site may
also be subject to United States Export Control. The
United States Export
Control laws prohibit the export of certain technical data and software to
certain
territories. No software from this Site may be
downloaded or exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the United States
has embargoed goods; or (ii) anyone on the
United States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. The Operator does
not authorize the downloading or exportation of
any software or technical data from this Site to any
jurisdiction prohibited by the United States
Export Laws.
12. CHOICE OF LAW
These Terms of Use and any disputes relating to
these Terms of Use or the Site will be governed by
the laws of the State of California, United
States of America, without regard to its principles of conflicts
of laws. Any claim relating to these Terms of
Use or the Site shall be exclusively prosecuted in a
federal or state court of competent jurisdiction
located within the City of Los Angeles, State of California,
United States of America, and you hereby consent
to the jurisdiction of such court solely for such
purposes and you further waive any argument that
any such court does not have jurisdiction over such
dispute or that venue in any such court is not
appropriate or convenient. You further agree to accept
service of process by certified mail, return
receipt requested at the address designated by you. The
Operator will be entitled to recover their court
costs and reasonable attorneys' fees and expenses
incurred in successfully proving any breach of
any term of these Terms of Use.
13.
MISCELLANEOUS
These Terms of Use constitute the entire
agreement between the parties, and supersedes all prior and
contemporaneous written or oral agreements,
proposals or communications with respect to the subject
matter herein between you and the Operator. The
Operator in its sole discretion may amend these
Terms of Use, and your use of the Site after
such amendment is posted on the Site will constitute
acceptance of it by
you. The section headings in these Terms of Use are for convenience only and
must not be construed as legal advice to you. If
any provision of these Terms of Use is held by a court
of competent jurisdiction to be unlawful, void,
invalid or unenforceable, the remaining provisions shall
remain in full force and effect.
LAST UPATED: November 19, 2001
Copyright 2001 Gamblersglen.com All rights reserved.