Wiseguys.com: Terms of Service

Terms of Service

1. ACCEPTANCE OF TERMS

Wiseguys, Inc., a Nevada corporation (also “Wiseguys”, “we” or “us”) provides its “Service” (as defined herein) to you (also “user”), subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. We recommend that you refer to the most current version of this TOS from time to time to help make sure you are aware of any such modifications, revisions, additions, or deletions to this TOS which can be viewed at any time at: http://www.wiseguys.com/terms.aspx. Your use of the Service is conditional upon your acceptance of all terms and conditions contained within this TOS.

2. DESCRIPTION OF SERVICE

Wiseguys provides news, odds, and other sports information through both free and subscription-based services. Wiseguys offers a collection of online resources, including, up-to-the-minute odds changes, sports news and content, various communications tools, forums, personalized content and programming through its network of partners (the “Service”).

Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Wiseguys properties, shall be subject to the TOS. You understand and agree that Wiseguys assumes no responsibility for the timeliness, deletion, delivery or failure to store any user communication or personalized settings. In addition, Wiseguys holds the rights to modify, discontinue, or suspend any aspect of the Service at any time. Wiseguys also may choose, without notice or liability, to limit or restrict access to portions or all of its features or any other aspect of the Service. You are responsible for obtaining access to the Service and all associated connection fees to the Internet or other Web connection (such as Internet service provider or airtime charges) as well as all equipment necessary to make such connection to the Service. You agree that you may not resell, lease, license, assign, or redistribute the Service, in whole or in part to any third party.

Wiseguys reserves the right to add, delete, or change the advertised sportsbooks for any reason we deem necessary without prior notice. Wiseguys reserves the right to add, delete, or modify content and other information provided for any reason we deem necessary without prior notice.

Please note that the Service is strictly for entertainment and informational purposes only. The Service is not to be used for or in conjunction with any illegal activities.

3. SERVICE CONTENT: INFORMATION, AND FEATURES

The Service contains information, advice, text, materials, and services (collectively, the "Content") that are provided for your convenience and entertainment. Third parties provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions which may be found on the Service or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. If however, you have an issue due to the completeness, accuracy, adequacy, currency or reliability of any Content that needs to be resolved we encourage you to contact us as soon as such an event occurs at support@wiseguys.com.

Third party advertisers may offer goods, services and other materials to you on the Service. Your correspondence and business dealings with advertisers found on or through the Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Content on the Service. Descriptions of, or references to, products or publications within the Service do not imply endorsement of that product or publication.

We do not represent or warrant that every action you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Service.

4. USER REGISTRATION OBLIGATIONS

Registration may be required for the access and use of certain portions of the Service. In consideration of your registration, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also hereby agree to provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration page. If you provide any information or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.

5. USER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Wiseguys of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Wiseguys cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. PRIVACY POLICY

Registration data and certain other information about you are subject to our privacy policy. For more information, see our full privacy policy at: http://www.wisguys.com/PrivacyPolicy.aspx.

7. USER CONTENT AND CONDUCT

From time to time, Wiseguys may permit you to upload information, advice, text, data, messages and other materials to the Service, which are your sole responsibility. This means that you, and not Wiseguys, are entirely responsible for all materials that you upload, post, e-mail, transmit or otherwise make available via the Service. If you post personal information on publicly available areas of the Service then you may receive unsolicited messages from third parties. Wiseguys cannot ensure the security of any information you post on publicly available areas of the Service. You acknowledge that while we cannot pre-screen these uploaded materials, we have the right, but not the obligation, in our sole discretion to refuse the use of such materials on the Service. Since we do not pre-screen user generated content, you may be exposed to content that is offensive, indecent, or objectionable. In addition, you hereby agree not to use the Service in any other matter to:

  1. upload, post, email, transmit or otherwise make available any materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Wiseguys official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation, except in those areas that are designated for such purpose;
  5. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  7. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
  8. collect or store personal data about other users.

By accepting the TOS, you agree that Wiseguys may remove or suspend your access and registration to the Service for any misuse described above or otherwise deemed by Wiseguys to potentially endanger the Service, other users, or the Services ability to perpetuate.

8. DISCLAIMER OF SERVICE RESALE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including User Security information), use of the Service, or access to the Service.

9. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Wiseguys has no control over such sites and resources, you acknowledge and agree that Wiseguys 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 Wiseguys 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.

Other sites may link to, but not replicate Wiseguys content. Any other site that links to the Service shall not create a browser or border environment around any of the content of the Service, imply that Wiseguys is endorsing or sponsoring it or its products, present false information about Wiseguys or its products or services, use Trademarks without the prior written permission from Wiseguys, or contain content that could be construed as distasteful, offensive or controversial.

Notwithstanding anything to the contrary contained in this TOS, we reserve the right to deny permission to link to the Service from any Website for any reason in our sole and absolute discretion.

10. TERMINATION

You agree that Wiseguys may, under certain circumstances and without prior notice, immediately terminate your User account, any associated email address, and access to the Service. Cause for such termination shall include, but is not limited to: breaches or violations of the TOS or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a direct request by the User; discontinuance or material modification to the Service, or any part thereof; unexpected technical or security issues or problems; and, extended periods of inactivity. Termination of your Wiseguys account includes, but is not limited to: removal of access to all offerings within the Service; deletion of your password and all related information; and, barring further use of the Service. Further, you agree that all terminations for cause shall be made in Wiseguys' sole discretion and that Wiseguys shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

11. DISCLAIMER OF WARRANTIES

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, WISEGUYS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER ABOUT:

  1. THE CONTENT ON AND PROVIDED THROUGH THE SERVICE;
  2. THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE;
  3. THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICE BY USERS;
  4. ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR
  5. ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. WISEGUYS 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.
  6. WISEGUYS 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, WISEGUYS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
  7. WISEGUYS 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.

12. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WISEGUYS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE, EVEN IF FORESEEABLE OR WISEGUYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, WISEGUYS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

13. INDEMNITY

You agree to defend, indemnify, and hold harmless Wiseguys and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorney’s fees out of or in connection with this TOS agreement, including, without limitation, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

14. COPYRIGHTS & TRADEMARKS

The Service is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The Content contained on the Service is protected by copyright and are owned or controlled by Wiseguys or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service for other than personal use and without including all trademark markings included on the web page is expressly prohibited without prior written permission from Wiseguys or the copyright holder as identified on the Service.

Wiseguys and other service marks, trademarks and logos displayed on the Service are the property of Wiseguys or its licensors. Elements of the Service including, but not limited to, the "look and feel," are protected by tradedress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Service may be copied or retransmitted for purposes other than personal unless expressly permitted by Wiseguys.

By agreeing to the TOS, you agree and understand that Wiseguys may terminate use of the Service, as detailed in Section 10, in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. Wiseguys' copyright agent for notice of claims of copyright infringement on or regarding the Service can be reached as follows:

Quirk & Tratos
c/o Jason Firth
3773 Howard Hughes Parkway
Suite 500 North
Las Vegas, NV 89109
Phone (702) 732-3773

15. GOVERNING LAW; JURISDICTION AND VENUE

The TOS and the relationship between you and Wiseguys shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. The parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Nevada State courts in and for Clark County, Nevada and the Federal Courts in and for the Southern District of Nevada. The parties agree not to raise the defense of forum non conveniens.

16. MISCELLANEOUS INFORMATION

This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between them. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule is not applicable to this TOS. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS.

17. VIOLATIONS

Wiseguys will take any action deemed appropriate for violations of this TOS agreement, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Wiseguys reserve the right to seek all remedies available at law and in equity for violations of the TOS agreement including, but not limited to, blocking access to the Service.