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
at any time. Any such changes or additions will be reflected by an update of this posting. Please check
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,
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
(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
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
Operator described in paragraph 3 below.
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.
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 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.
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
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
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.
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
the laws of the State of California, United States of America, without regard to its principles of conflicts
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
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
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.