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SECTION ONE - GENERAL
INFORMATION
1.1 Terms and Conditions Binding
Registering for an account and/or participating in any service offered
on MyStats.BeAContender.com ("the Site") signifies your knowledge
of and agreement to be bound by the most current version of these Terms
and Conditions. The Site may modify these Terms and Conditions at any
time. Your continued use of the Site following such modifications signifies
your acceptance of those modifications. You are responsible for reviewing
these Terms and Conditions periodically for any such modifications.
1.2 Governing Law and Disputes
These Terms and Conditions will be governed and construed in accordance
with the laws of the Province of Nova Scotia, Canada, irrespective of any principles
of conflicts of law.
By registering for an account and/or participating
in any service offered on the Site, you agree that any dispute that
cannot be resolved between the parties shall be resolved individually,
without resort to any form of class action. You further agree that any
legal action arising from any dispute shall proceed only in the state
or federal courts located in Halifax in the Province of Nova Scotia,
and you hereby submit to personal jurisdiction and venue in such courts
for the purposes of litigating any such action.
1.3 Entire Agreement
These Terms and Conditions, in connection with the other obligations
and rules detailed in writing on the Site, constitute the entire agreement
between you and the Site and cannot be modified by you. These Terms
and Conditions cannot be modified on an individual basis by any person
affiliated, or claiming affiliation, with the Site. Nothing in this
subsection will prevent the Site from modifying the terms of these Terms
and Conditions and posting such modifications on the Site.
1.4 Severability
If any portion of these Terms and Conditions is deemed void or unenforceable,
then that provision shall be deemed severable from these Terms and Conditions
and shall not affect the validity and enforceability of the remaining
provisions.
SECTION TWO - CONDITIONS AND OBLIGATIONS
2.1 Eligibility
You must be a natural person, at least 18 years old,
who is assigned to the e-mail address submitted on your account registration
form.
2.2 Legality and Taxes
You are subject to all laws of the state, province and/or country in
which you reside and from which you access the Site and are solely responsible
for obeying those laws. You agree the Site cannot be held liable if
laws applicable to you restrict or prohibit your participation. The
Site makes no representations or warranties, implicit or explicit, as
to your legal right to participate in any service offered on the
Site nor shall any person affiliated, or claiming affiliation, with
the Site have authority to make any such representations or warranties.
2.3 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any service
offered on the Site, you acknowledge that all information contained
on the Site may be protected, in all forms and media, by one or more
valid copyrights, patents, trademarks, trade secrets, or other proprietary
rights, and that all such rights are owned by the Site or third parties. You may not
modify, publish, participate in the transfer or sale of, create derivative
works from, or in any way exploit this information, except that you
may download one copy for your personal, non-commercial home use only,
provided you keep intact all copyright and other proprietary notices.
The Site neither warrants nor represents that your use of materials
displayed on the Site will not infringe rights of third parties. While
the Site uses reasonable efforts to include accurate and up-to-date
information, the Site makes no warranties or representations as to its
accuracy. The Site assumes no liability or responsibility for any errors
or omissions in the content of the Site.
Any communication or material you transmit to the
Site by electronic mail or otherwise, including any data, questions,
comments, suggestions, or the like, is and will be treated as, non-confidential
and non-proprietary. Anything you transmit or post may be used by the
Site or its affiliates for any purpose, including, but not limited to,
reproduction, disclosure, transmission, publication, broadcast and posting.
Furthermore, the Site is free to use any ideas, concepts, know-how or
techniques contained in any communication you send to Site for any purpose
whatsoever including, but not limited to, developing, manufacturing
and marketing products using such information, without any additional
compensation to you.
The trademarks, logos, and service marks (collectively
the "Trademarks") displayed on the Site, not including the names
of leagues, teams, and players, are registered and unregistered Trademarks
of the Site. League names, logos, team names and player names are registered trademarks
of their respective league and/or union. Nothing contained on the Site should be construed
as granting, by implication, estoppel or otherwise, any license or right
to use any Trademark displayed on the Site without the written permission
of the Site or such third party that owns the Trademark displayed on
the Site. Your misuse of any Trademark displayed on the Site, or any
other content on the Site, except as provided in these Terms and Conditions,
is strictly prohibited. You are also advised that the Site will aggressively
enforce its intellectual property rights to the fullest extent of the
law, including the seeking of criminal prosecution where appropriate.
2.4 Promotional Activities
By registering for an account, you agree that the Site may display your
email address and service usage.
2.5 Submissions
If you send comments or suggestions, including, but not limited to,
notes, text, drawings, or computer programs, to the Site, such submissions
shall become, and shall remain, the sole property of the Site. No submission
shall be subject to any obligation of confidence on the part of the
Site. The Site shall exclusively own all rights to, and shall be entitled
to unrestricted use of, all such submissions without compensation to
you.
2.6 Privacy Policy
The Site will not intentionally disclose any personally identifying
information about you (including information submitted on the application
form, your e-mail address, information obtained by the Site from cookies,
and information regarding your IP address) to third parties without
your consent except where the Site, in good faith, believes such disclosure
is necessary to comply with the law or to enforce these Terms and Conditions
or other rules of the Site. Your acceptance of any services from the Site
constitutes consent for the Site's disclosure of personal information
as described in Section 2.5. The Site reserves the right to collect
general demographic and other market information that does not personally
identify you to any person without additional consent. The Site utilizes
e-mails to notify you when you receive services, and to let you know
of special promotions, events and policy changes. New Registrants can
opt-in to receive these and other promotional e-mails. You have the
choice to opt-in or opt-out of receiving these e-mails at any time by
modifying your preferences under the My Account section of the website.
To view the Site's full privacy policy, click on the following Privacy
Policy link.
2.7 Chat & Message Board Policy
Rules of Conduct:
The Site reserves the right to ban users who violate
these standards, or who in any way abuse the community purpose of the
chat areas.
The Site reserves the right to remove any posts for any reason.
You must be at least 18 years old to participate in any part on the
Site.
Profanity, obscenities, or the use of **asterisks** to disguise such
words, is not permitted.
Obscene, lewd, slanderous, pornographic, abusive, violent, insulting,
indecent, threatening and harassing language of any kind will not be
tolerated.
The Site player names will be used as 'Your Name'; impersonating other
players is not allowed.
Opinions or comments on the subject at hand are welcomed, but attacking
(flaming) individuals, companies or products is not allowed.
Advertising or promotion of other companies or URLs is not allowed.
Please limit posting to the subject of the Site's games, message board
or site.
Do not share personal information (your name, phone number, home address,
password) with others on the site.
No advertising of any kind is allowed in messages.
No copyrighted materials are allowed in messages.
Information disclosed in the Site chat rooms or message boards becomes
property of the Site and is revealed to the public. The Site is not
responsible for any information you choose to disclose to others.
2.8 Anti-Spam Policy
The Site is vigorously against the practice commonly referred to as
"Spam". Users who are reported and whose claims of "Spam"
are validated by the Site, will have their respective accounts either
immediately TERMINATED or SUSPENDED, at the sole discretion of the Site.
The Site defines "Spam" as:
Electronic mail messages addressed to a recipient
with whom the initiator does not have an existing business or personal
relationship or is not sent at the request of, or with the express
consent of, the recipient;
Messages posted to Usenet and message boards that are off-topic
(unrelated to the topic of discussion), cross-posted to unrelated
newsgroups, or posted in excessive volume;
Solicitations posted to chat rooms, or to groups or individuals via
Internet Relay Chat or "Instant Messaging" system (such
as ICQ);
The Site may undertake, at its sole discretion
and with or without prior notice, the following enforcement actions
described in detail below:
Account Suspension: Upon the receipt of a credible
and validated complaint, the Site may also elect to immediately suspend
the membership of the user implicated in the abuse. Suspension serves
as a "Final" warning and will prevent the abuser from continuing
their abusive "Spamming" behavior. The Site will evaluate
each validated abuse incident on a case-by-case basis and impose Termination
or Suspension at its sole discretion. The Site reserves the right
to lift the suspension of a user at any time, at its sole discretion.
Account Termination: Upon the receipt of a credible
and validated complaint, the Site may immediately terminate the membership
of the individual user implicated in the abuse. Termination results
in the immediate closure of the referral account, the loss of all
referrals, the forfeiture of any unpaid referral money on account,
a prohibition against any future membership, and the user will lose
the right to particpate in any of the services.
ABUSE REPORTING: If you wish to report a violation
of our Anti-Spam Policy, please forward all evidence of abuse to: help@BeAContender.com.
Please refer responsibly!
2.9 Limitations on Participation
You may establish only one player account per person, and up to two
player accounts per computer or address, to participate in the services
offered on the Site. The Site reserves the right to monitor any effort
to establish multiple accounts; in the event the Site discovers that
you have opened more than one player account per person, all additional
accounts will be closed without notice and continued violation will
result in the termination of any and all of your accounts. The Site
also reserves the right to deny access to those who use proxy servers
and/or IP addresses residing in certain geographical areas outside of
Canada or the U.S.
SECTION THREE - LIMITATION ON LIABILITY
3.1 General Disclaimer
BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN ANY SERVICE
OFFERED ON THE SITE, YOU AGREE THAT THE SITE IS NOT RESPONSIBLE FOR
ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED
USE OR ACCESS OF THE SITE. YOU FURTHER AGREE THAT THE SITE IS NOT
LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION
FROM THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU
AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR PERSONAL
COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL
OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.
The Site also assumes no responsibility, and
shall not be liable for, any damages to, or viruses that may infect,
your computer equipment or other property on account of your access
to, use of, or browsing in the Site or your downloading of any materials,
data, text, images, video or audio from the Site.
3.2 No Warranty
ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS
IS", WITHOUT WARRANTY 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. NO PERSON AFFILIATED,
OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH
WARRANTIES.
3.3 Credit Card Use
You agree that the Site is not liable for any loss caused by any unauthorized
use of your credit card or other method of payment by a third party
in connection with the Site.
Any attempt to defraud the Site through the use
of credit cards or other methods of payment, regardless of the outcome,
or any failure by you to honor legitimate charges or requests for
payment will result in immediate termination of your account, forfeiture
of any prizes to which you are otherwise entitled, and civil and/or
criminal prosecution.
3.4 Hacking, Tampering, or Unauthorized
Access
By registering for an account and/or participating in any service
offered on the Site, you agree that the Site is not responsible for
any damage, loss, or injury resulting from hacking, tampering, or
other unauthorized access or use of the Site or your account.
Any attempt to gain unauthorized access to the
Site's systems or any account, interfere with procedures or performance
of the Site, or deliberately damage or undermine the Site is subject
to civil and/or criminal prosecution and will result in immediate
termination of your account and forfeiture of any prizes to which
you are otherwise entitled.
Any attempt to participate in any service
offered on the Site by means of automatic, macro, programmed, or similar
methods, or to otherwise commit fraud with regard to the Site, will
result in civil and/or criminal prosecution, termination of your account,
and forfeiture of all prizes to which your are otherwise entitled.
3.5 Accounts for individual use only
You, as the holder of your account, are solely responsible for all
obligations and (assuming compliance with all other Terms and Conditions
of the Site) entitled to all benefits accruing thereto. You may not
allow any other person to access your account, access the Site,
or participate in any service using your account
information. Your account is not transferable to any other person.
By registering and/or participating in any service offered on the
Site, you agree to indemnify, defend, and hold the Site harmless from
or for any claims, liability, damages, and/or costs (including attorney
fees) arising from any use of your account by any person.
3.6 Account Termination
The Site reserves the right to terminate your account or decline or
limit your participation in any service for any reason, including,
but not limited to harassment of other participants, posting of objectionable
material, creation or use of multiple accounts, use of unauthorized
or altered software or hardware to assist play, "sandbagging",
any breach of the terms of the agreement between you and the Site,
or any breach of the security of your account or the Site.
By registering for an account and/or participating
in any service offered on the Site, you consent to allow the Site
to access your account information to investigate complaints or other
allegations of abuse.
If applicable, all charged monies(deposits),
less pro-rated fees, will be returned to the
account holder.
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