Websites Terms and Conditions of Use
Acceptance of the Websites Terms and Conditions of Use
The terms and conditions of use for www.play.usbettingreport.com (“Play US”) and www.usbettingreport.com (collectively with Play US, the “Websites”), constitute a legal agreement and are entered into by and between you and USBR LLC o/a US Betting Report (“Company,” “we,” “us,” “our“). The following terms and conditions, (the “Terms and Conditions“), govern your access to and use, including any content, functionality, and services offered on or through the Websites.
BY USING THE WEBSITES OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITES.
By using the Websites, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.
Modifications to the Terms and Conditions and to the Websites
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Websites. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on the Websites may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Websites is restricted to users or unavailable at any time or for any period.
Your Use of the Websites and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Websites. Users are required to ensure that all persons who access the Websites through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Websites, including content or areas of the Websites, may require user registration. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.
Your provision of registration information and any submissions you make to the Websites through any functionality such as applications, chat rooms, e-mail, message boards, personal or interest group web pages, profiles, forums, and bulletin boards (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found herein.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Websites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of the Websites, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Websites’ owner’s ability to monitor the Websites; (f) using any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Websites via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Websites.
Intellectual Property Rights and Ownership
You understand and agree that the Websites and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
You must not use the Company name, related names, logos, product and service names, designs, images and slogans marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on the Websites are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Websites for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, in any form or medium whatsoever except:
- your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
- a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
- in the event social media platforms are linked to certain content on our Websites, you may take such actions as our Websites and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from the Websites nor delete or alter any proprietary rights notices from copies of materials from the Websites. You must not access or use for any commercial purposes any part of the Websites or any services or materials available through the Websites.
If you print off, copy or download any part of our Websites in breach of these Terms and Conditions, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Websites or to any content on the Websites, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate intellectual property or other proprietary laws.
Conditions of Use and User Submissions
As a condition of your access and use, you agree that you may use the Websites only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to the Websites, to other users or other persons (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, state, local, and international laws, regulations and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Websites and any User Submissions shall not:
- In any manner violate any applicable federal, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
- In any manner violate the terms of use of any third-party website that is linked to the Websites, including but not limited to, any third-party social media websites.
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion.
- Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code.
- Involve, provide or contribute any false, inaccurate or misleading information.
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm the Company or users of the Websites or expose them to liability.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
User Submissions: Grant of Licence
The Websites may contain Interactive Functions allowing User Submissions on or through the Websites.
None of the User Submissions you submit to the Websites will be subject to any confidentiality by the Company. By providing any User Submission to the Websites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions set out in these Terms and Conditions.
You understand and agree that you, not the Company nor Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Websites.
Site Monitoring and Enforcement, Suspension and Termination
The Company has the right, without provision of notice to:
- Remove or refuse to post on the Websites any User Submissions for any or no reason in our sole discretion.
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Websites and User Submissions or Terms and Conditions.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Websites. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites.
- Terminate or suspend your access to all or part of the Websites for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Websites or its use, and do not and cannot undertake to review material that you or other users submit to the Websites. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
No Reliance
The content on our Websites is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Websites.
Although we make reasonable efforts to update the information on our Websites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Websites is accurate, complete or up to date. Your use of the Websites is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of the Websites.
The Websites may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Privacy Policy
Last modified: December 2019
We respect your right to privacy and we are committed to protecting and safeguarding your privacy. When you provide or upload, in any media, information or content to the Websites, or by otherwise accessing or using the Websites, you are consenting to the collection, use and disclosure of your information in accordance with the Terms and Conditions and this section (the “Privacy Policy”). We may change, vary or add to this Privacy Policy at any time without notice, and accordingly you hereby agree to review the Terms and Conditions periodically. Your continued use of the Websites after we make any change to this Privacy Policy is deemed to be acceptance of those changes.
Our Websites are not intended for individuals under twenty-one (21) years of age. No one under age twenty-one (21) years of age may provide any personal information to or on the Websites. We do not knowingly collect personal information from individuals under twenty-one (21) years of age. If you are under twenty-one (21) years of age, do not use or provide any information on the Websites or through any of their features, register on the Websites, use any of the Interactive Functions or interactive or public comment features of the Websites, or provide any information about yourself to us, including your name, address, telephone number, email address, or any user name you may use. If we learn we have collected or received personal information from an individual under twenty-one (21) years of age, we will delete that information. If you believe we might have any information from or about an individual under twenty-one (21) years of age, please contact us at [email protected]
We have included in this Privacy Policy details related to how we collect, use and protect the information you decide to provide us. This Privacy Policy identifies: (i) the information that we collect; (ii) how we may use your information; (iii) how we may share your information; and (iv) how you may contact us.
You can visit the Websites without identifying yourself or providing any information. At certain times, however, we may ask you to provide certain information for the purposes set out in this Privacy Policy. For example, we may receive and may keep information voluntarily given to us when you share or upload content. This information may include: (i) your name; (ii) your date of birth; (iii) your email address; and (iv) any other information that you may voluntarily provide.
We collect information from you in order to provide you with the opportunity to access the Websites. We will only retain your information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. Your consent to such purposes(s) remains valid after any termination of our relationship with you. We may use information to ensure that you are in compliance with these Terms and Conditions. By accessing and using the Websites, you authorize us to use your information for these purposes, as well as for our general commercial purposes, including to send you email, SMS or other notifications relating to the Websites. We may sometimes use information that we collect about you to improve the design and content of the Websites, to customize the Websites or to personalize your experience or to offer you products, advertising, programs and services. We may also use this information in the aggregate to analyse usage of the Websites or to offer products, programs, or additional services.
Your information is held by us on servers based in the State of Delaware and elsewhere from time to time. All of your information is collected and stored in a secure and protected environment. You may change your personal details at any time by sending us an email.
We may disclose aggregated information about our users without restriction. In addition, subject to applicable law, we may disclose personal information that we collect or you provide as described in this Privacy Policy. Such disclosure will primarily be for the following purposes (i) to identify, contact or bring legal action against someone who may be causing injury to or interference with property, visitors, or anyone or to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas; (ii) to allow certain business services to be performed on our behalf and at our request by other companies, we may securely share your information with selected vendors, contractors, service providers, or other third parties that perform services for us such as hosting, design or communications companies, data and promotional service providers and printing companies, in which case this information is used solely for the purposes we have requested such as maintaining or improving the Websites or our database, administering and monitoring emails; (iii) as part of a purchase, transfer or sale of services or assets (e.g., should substantially all of our assets be acquired by another party, customer information may be one of the transferred assets); and (iv) to fulfill the purpose for which you provided such information. It may be necessary to transmit your information outside of your jurisdiction. By accessing and using the Websites, you acknowledge and agree to our use and disclosure of your information in this manner.
We will use procedural and technical safeguards to protect your information against loss or theft as well as against unauthorized access or disclosure in order to protect your privacy.
By accessing and using the Websites, you acknowledge and agree to our use and disclosure of your information in this manner.
We do not collect your information without your knowledge, or rent, sell or trade your information to any third party. You may “opt out” of receiving any promotional communications either by choosing to opt out where such option is made available on the Websites or in an email you receive from us, or at any time by sending an email to [email protected]
“Phishing” is a scam that is employed to steal your information. If you receive an unsolicited e-mail from us asking for information, do not respond. We will not request your user name, password or financial information through email.
By using the Websites you are consenting to the collection of certain tracking data, including cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze the Websites use patterns. We will not alter these practices in response to a “Do Not Track” signal request.
These Terms and Conditions provide that persons under twenty-one (21) years of age are not eligible to Participate. We ask that persons under twenty-one (21) years of age not provide us with any information. If we learn that a person under twenty-one (21) years of age has provided us with information, we will not use any of that information.
It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Privacy Policy to check for any changes.
If you have any questions or concerns about the collection, use or disclosure of your information, how we have handled your information, or our privacy practices generally, please contact us by email at [email protected]
Free Gaming
For the purposes of these Terms and Conditions, “Free Gaming” means the play-for-free games/betting available on Play US and any derivative thereof and operated by the Company. “Participate,” “Participation” and the like means, without limitation, visiting Play US, playing games offered by Play US or any other Free Gaming website of the Company.
Participation at Play US is at your sole option, discretion and risk. Only those individuals who have reached twenty-one (21) years of age are eligible to Participate. Subject also to this age limitation, you are solely responsible for ascertaining whether it is legal in your jurisdiction to Participate, and you may only Participate if it the laws of your jurisdiction provide that it is legal for you to Participate. We make no representations as to the legality of your Participation at Play US pursuant to the laws of your jurisdiction. We have the right to require that you provide evidence of your identity and age as a condition precedent to allowing you to Participate.
You warrant and represent at the time of playing on Play US and throughout the currency hereof: (i) that there are no laws of your jurisdiction that prohibit your Participation; (ii) that you have attained the age of twenty-one (21) years; (iii) that where requested you have provided us with valid, accurate and complete information and evidence of your identity and age and that you shall advise us immediately via email should there be any change to the information and evidence so provided; and (iv) that you have read and understood these Terms and Conditions and agree to be bound thereby.
Where registration is required in order to Participate in Play US and/or any and all parts of Play US, we may refuse to register you and may elect to deregister and exclude you or suspend you from Play US and/or any and all parts of Play US at any time and for any reason whatsoever in the exercise of our sole discretion. You acknowledge that we are not obliged to give you prior notice of any decision to refuse, deregister or exclude or suspend you from Participation in Play US and/or any and all parts of Play US, nor to furnish you with any reasons for such decision. Having deregistered, excluded or suspended you in this manner, we may the exercise of our sole discretion determine the requirements that you will be required to meet in order to be permitted to Participate.
Promotions and Contests
We may, from time to time, offer certain promotions and contests and these promotions and contests may have separate terms and conditions or rules that are competition or promotion-specific. These Terms and Conditions apply to any promotions and contests, and in the event of a conflict between these Terms and Conditions and the promotion-specific or contest-specific terms and conditions or rules, the promotion-specific or contest-specific terms and conditions or rules shall prevail but only to the extent of such conflict. Where the promotion-specific or contest-specific terms and conditions or rules are silent on a matter that is addressed by these Terms and Conditions, these Terms and Conditions shall prevail.
By participating in any such promotions or contests, you (a) declare that you have read, understood and complied with these Terms and Conditions and the relevant promotion-specific or contest-specific terms and conditions, consent to the use of your name, biographical information, picture, portrait, likeness, voice and ideas for the purposes of advertising and promotion without further compensation, and agree to abide by all of our decisions (which are final); (b) release and hold us harmless, and all of our agencies, distribution companies, prize suppliers, or any of our divisions, parents, subsidiaries, affiliated companies, service agencies, franchisees or independent contractors from any and all liability for injuries, loss or damage of any kind to persons, including death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any of the prizes, participation in the promotions or contests, or participation in any prize-related activity; and (c) agree to fully indemnify us and our agencies, distribution companies, prize suppliers, or any of our divisions, parents, subsidiaries, affiliated companies, service agencies, franchisees or independent contractors from any and all claims on the part of any third party or parties related in any way and for any reason to the promotions or contests or to prizes arising therefrom including, without limitation, death, or personal or property damage or injury.
In addition to these Terms and Conditions, certain rules of play as they are from time to time set forth in Play US shall apply to you and be binding upon you in respect of your participation at Play US. You hereby agree to be bound by the aforementioned rules of play as if they were specifically incorporated into these Terms and Conditions.
We may, without notice to you, amend, alter, delete, interlineate or add to these Terms and Conditions, as well as to any promotion-specific or contest-specific terms and conditions or rules of play at any time whatsoever. These changes shall become effective, and you shall be bound by these changes, immediately upon their posting on the Websites. You agree to regularly review these Terms and Conditions, promotion-specific and contest-specific terms and conditions and rules of play regularly to ensure that you are aware of any and all changes.
Problem Gambling
Play US is for entertainment purposes only and does not permit players to wager real money. We are not responsible in the event where you use the skills you have acquired on Play US, to wager real money on other third-party sites, and find yourself in a situation where wagering real money on third-party sites is damaging your health, work, or financial situation. Play responsibly. If you are suffering from any of the aforementioned issues, or suffering from gambling addiction, contact your local problem gambling hotline.
Third Party Websites
For your convenience, the Websites may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Websites. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from the Websites may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from the Websites. You may only use these features when they are provided by us and solely with respect to the content identified.
Geographic Restrictions
The owner of the Websites is based in the State of Delaware in the United States of America. We provide the Websites for use only by persons located in the United States of America. The Websites are not intended for use in any jurisdiction where its use is not permitted. If you access the Websites from outside the United States of America, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITES OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITES, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITES AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITES, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Websites, including, but not limited to, Free Gaming, your User Submissions, third-party sites, any use of the Websites’ content, services, and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Jurisdiction
The Websites and these Terms and Conditions will be governed by and construed in accordance with the laws of the State of Delaware and the federal laws of the United States of America applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to the Websites and under these Terms and Conditions will be instituted in the courts of the State of Delaware and/or the Federal Court of the United States of America, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Geographic Restrictions
The owner of the Websites is based in the State of Delaware in the United States of America. We provide the Websites for use only by persons located in the United States of America. We make no claims that the Websites or any of their content is accessible or appropriate outside of the United States of America. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions, operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
The Terms and Conditions constitute the sole and entire agreement between you and USBR LLC regarding the Websites and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Reporting and Contact
The Websites are operated by USBR LLC located at 501 Silverside Rd Suite #332, Wilmington, Delaware 19809.
Should you become aware of misuse of the Websites including libelous or defamatory conduct, you must report it to the Company at [email protected].com.
All other feedback, comments, requests for technical support, and other communications relating to the Websites should be directed to [email protected]
TORONTO 90716-1 1676509v5A