USER AGREEMENT FOR LARK EURO MEDIA SERVICES LTD.
Effective Date: October 13, 2006
I. PRELIMINARY PROVISIONS
1. THIS SITE INCLUDES INFORMATION ABOUT ONLINE GAMING â€“ WE ARE JOURNALISTS WHO WRITE ABOUT GAMING, AND OFFER OTHERS AN OPPORTUNITY TO EXPRESS THEIR VIEWS AND OPINIONS. This website does not recommend or encourage gambling, whether it is illegal or legal. This website is a journalistic enterprise that acts as a watchdog over the online wagering industry. If you are seeking anything other than neutral reportage on this industry, you are visiting the wrong website and you should exit this website immediately.
2. PROTECT YOURSELF:
a. IF YOU THINK YOU HAVE A GAMBLING ADDICTION -- Do not access the information contained in Sportsbook Review if you feel that you may have a gambling problem. If you suspect that you have a gambling problem, exit this site immediately and seek help for your addiction.
b. ONLINE GAMING IS NOT LEGAL IN CERTAIN AREAS. Consult your local authorities before participating in online wagering of any kind. Nothing contained on this site should be construed as legal advice on any activity relating to gambling.
c. GAMBLING IS FOR AMUSEMENT, NOT FOR INCOME: Statistics conclusively prove that nearly all gamblers will lose money over the long term.
d. DO NOT USE THIS SITE IF YOUR ARE UNDER 18. This site is not designed for minors. You must be 18 or older to access this website.
B. Party Definitions and Introductory Terms
1. The operative parties referred to in this Agreement are as follows:
a. Us, the Publisher â€“SBR Network, Ltd., is the publisher of the website(s) located at http://www.sportsbookreview.com; http://www.sbrlines.com; and . Hereinafter, when first-person pronouns are used in this Policy, (us, we, our, ours, etc.) they are referring to this entity and publisher of the applicable website. This entity may also be referred to as â€œPublisherâ€ from this point forward. Additionally, when the terms â€œThe Siteâ€ or â€œSiteâ€ are used, these terms refer to the aforementioned website.
b. You, the User â€“ As the user of this Site, this User Agreement will refer to the user as â€œYouâ€ or through any second-person pronouns, such as â€œYours,â€ etc. Hereinafter, the user of the Site shall be referred to in applicable second-person pronouns.
a. Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to access our online publication free of charge.
b. You agree that such Consideration is both adequate, and that it is received upon your viewing any portion of our website.
C. What this Agreement is â€“ This Agreement is a legal contract between You and the Publisher. You should treat it as any other legal contract by reading its provisions carefully, as they will affect Your legal rights. By accessing the Site in any manner, You are affirmatively agreeing to be bound by all of the terms contained in this Agreement. You may not pick and choose which terms apply to You. If You do not agree with all of the terms in this Agreement, You must cease all access and use of the Site and any other services provided by the Publisher.
D. Electronic Signatures / Assent Required â€“ Nobody is authorized to access this Site unless they have signed this Agreement. Such signature does not need to be a physical signature, since this Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest Your agreement to this User Agreement by taking any act demonstrating Your assent thereto. Most likely, You have clicked a button containing the words â€œI agreeâ€ or some similar syntax. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. If You have not yet done so, You must immediately click here to electronically sign this Agreement.
If You fail to sign this Agreement, You understand that You are an unauthorized user of the Site, despite any payments made or subscriptions sold to You. No act or omission by the Publisher should be interpreted as a waiver of the requirement that You assent to this User Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Site or Publisherâ€™s services. However, if You fail to electronically sign this Agreement, You stipulate to and agree to pay the Publisher $250 each time You access the Site as liquidated damages for unauthorized access and use, and You agree to pay all of our costs and expenses, including Attorneyâ€™s fees and costs, incurred in collecting this unauthorized access fee from You.
E. Revisions to this User Agreement:
1. From time to time, We may revise this Agreement. You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.
2. We agree that if we change anything in this Agreement, we will change the â€œlast modified dateâ€ at the top of this Agreement. You agree to periodically re-visit this web page, and to use the â€œrefreshâ€ button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the â€œlast modifiedâ€ date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the â€œlast modifiedâ€ date has changed, then You can be certain that something in the Agreement has been changed.
3. Waiver â€“ if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for such omission and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
II. ACCESS AND LIMITED LICENSE â€“ All Users may access certain public areas of the Site. This User Agreement covers all public and non-public areas of the Site. The Publisher grants You a limited, nonexclusive, nontransferable personal license to access and use the Site and the Materials contained therein. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. You will not copy or redistribute any of the content appearing on this Site. Publisher reserves the right to terminate this license at any time if You breach or violate any provision of this Agreement, in which case You will be obligated to immediately destroy any information or materials You have downloaded, printed, or otherwise copied from this Site. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
III. SPECIAL CONSIDERATIONS REGARDING MINORS
A. Age of Majority. In order to use the Site or any services provided by the Publisher, you must have attained the age of majority in your jurisdiction. You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that You have the legal capacity to enter into this Agreement. If You are not at least 18 or 21 years of age, depending on the age of majority in Your jurisdiction, you must exit the Site immediately and may not use or access the Site or print or download any Materials from the Site whatsoever.
A. The text, software, images, graphics, data, messages, or other information, and any other World Wide Website owned, operated, licensed, or controlled by the Publisher is all collectively referred to as â€œthe Materials.â€
B. The Materials include links and informational content reporting on the subject of online wagering and gambling. Internet gambling is not legal in certain areas. You agree that you will consult your local authorities or your personal attorney prior to registering with any online wagering service. In any event, by accessing this site, and agreeing to these terms and conditions, You are now, and forever, giving up your right to bring any claims against us for any cause of action related to Your use of any site linked to on our Sites.
C. You have no right to blame the Publisher or to seek any compensation of any kind from the Publisher if you ignore the law or if you are ignorant of the law surrounding online gambling. You agree that if you play on or sign up for any online gambling links that you may find on our site, that you assume full responsibility for your actions, and you will not hold the Publisher responsible for any losses, damages, or any other negative impact that may come from your decision to gamble.
D. You acknowledge and stipulate that all of the Materials found on our site are fully protected by the First Amendment to the United States Constitution.
E. The Publisher does not permit sportsbook ads, special promotions, enticements, or call-to-action banners that may encourage Users, readers, or viewers to join any sportsbook wagering service.
F. If You are seeking information regarding any illegal activities, please leave this Site immediately. You acknowledge that you are aware of the community standards, restrictions and requirements in your local community, and You will only access the content on the Site if you believe that the content on the Site does not offend such standards, restrictions and requirements prevalent in Your community.
G. You agree not to use or access the Site if doing so would violate the laws of Your state, province, or country.
H. Under no circumstances; under no cause of action or legal theory, shall the owners, creators, associates or employees of this website be liable to You or any other person or entity for any direct, indirect, special, incidental, or consequential damages of any kind whatsoever.
I. You acknowledge that with respect to any content posted to our site by third parties, we act solely as an â€˜access providerâ€™ within the meaning of Section 230 of the Communications Decency Act of 1996 (â€œCDAâ€), and are therefore protected from claims arising out of such content by the immunities granted by this Act.
V. RESTRICTIONS ON USE OF SITE:
A. You agree that You will only use the Site for purposes expressly permitted and contemplated by this User Agreement. You may not use the Site for any other purposes without Our express prior written consent.
B. Without Our express prior written authorization, You may not:
1. Duplicate any part of the Site or the Materials contained therein (except as expressly provided elsewhere in this Agreement);
2. Create any derivative works based on the Site or any of the Materials contained therein, and You agree and stipulate that any and all derivative works are NOT â€œfair useâ€;
3. Use the Site or any of the Materials contained therein for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT â€œfair useâ€;
4. Re-distribute the Site or any of the Materials contained therein, and You hereby agree and stipulate that any and all such uses are NOT â€œfair useâ€;
5. Remove any copyright or other proprietary notices from the Site or any of the Materials contained therein;
6. Frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein;
7. Use any meta-tags or any other â€œhidden textâ€ using the Siteâ€™s name or marks, and You hereby stipulate that any use of the Siteâ€™s name or marks, or any other marks owned by the Publisher is an infringement upon the Publisherâ€™s trademark rights, and You stipulate to liquidated damages of $5000 per such infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including attorneyâ€™s fees and all associated costs.
8. â€œDeep-linkâ€ to any page of the Site (including the homepage), or avoid agreement to the Siteâ€™s Terms & Conditions; you may only link to the main entry page;
9. Circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another personâ€™s user name and password in order to gain access to a restricted area of the Site);
10. Use any data mining, bots, or similar data gathering and extraction tools on the Site;
11. Decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law;
12. Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of Your rights to access and use the Materials as granted specifically by this Agreement; or
13. Bookmark any page of the Site beyond the registration log-in screen.
C. You agree to cooperate with the Publisher in causing any unauthorized use to cease immediately. With respect to any areas of the site which enable users to share information or communicate with other users, You agree not to publish, disseminate, or submit any defamatory, or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and by doing so, Your actions shall constitute a material breach of this Agreement and the Site shall terminate all of Your rights under this Agreement.
D. Interference. Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of the Publisherâ€™s Materials or any other Materials from Our Site. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it. If You do not adhere to this provision of this Agreement, You hereby stipulate to and agree to pay liquidated damages of $5000 plus any and all fees associated with recovery of these damages, including attorneyâ€™s fees and costs.
E. Special Provisions regarding www.sbrlines.com: sbrlines.com is a data service that provides information in a real-time format.
1. The Theory of "collective wisdom" provides that the aggregation of information provided by groups results in decisions that are often better than those that can be made by any single member of the group.
2. It has been suggested that this theory can predict economic events, political events, and even the likelihood of acts of terrorism.
3. This theory, on average, has a tendency to suggest the outcome of sporting events as well.
4. SBRlines.com is the result of our journalists' attempts to gather together as much collective wisdom as possible about upcoming sporting events. Users are invited to view this site to track the success of the collective wisdom theory, for entertainment, or to track data to disprove our theories and the accuracy of our mathematical and statistical models, as well as the accuracy of the mathematical and statistical models of our sources.
5. We take no position on the usefulness of the information on sbrlines.com for any other purpose.
F. Special Provisions Regarding sbrforum.com: SBRforum is provided as a means for users to communicate with each other. We do not publish information on the forums, nor do we exercise editorial control over the forums. We reserve the right to remove any information posted on the forums that we consider to be harmful, violative of the rights of others, pornographic, or offensive. Nevertheless, this policy does not create an obligation for us to police the content of communications occurring in our forums.
We take the position that Section 230 of the Communications Decency Act of 1996 (â€œSection 230â€) provides immunity from any and all claims arising from any statements posted by others on our forums, including defamatory, harassing, offensive, solicitous, harmful or obscene statements made by others. You hereby agree not to challenge or oppose to this interpretation of Section 230, irrespective of whether a court agrees with it or not, and as a function of this Agreement.
You agree that you will not hold Us responsible for other users' actions or inactions, including things they post on the forums for any reason whatsoever.
You also release, acquit, and otherwise discharge us from any and all claims and demands of every kind and nature, known and unknown, arising out of or in any way connected with anything posted by another user.
VI. DISCLAIMER OF WARRANTY:
A. You expressly agree that use of the Site or any of the Materials contained therein is at Your own and sole risk. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site or any of the materials or links contained therein is done at Your own discretion and risk and that You will be solely responsible for any losses that may occur as a result.
B. The Site and all materials contained therein are provided â€œas isâ€ without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Information on this site is collected from outside sources and/or is opinion and is offered "as is" without warranties of accuracy of any kind.
C. Publisher makes no representations or warranties that the Site or any materials contained therein will be uninterrupted, timely, secure, or error free; nor does Publisher make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the Site or any of the materials contained therein.
D. You understand that Publisher cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. Publisher does not assume any responsibility or risk for Your use of the internet.
E. Publisher makes no warranty regarding any goods or services purchased or obtained through the Site or any transaction entered into through the Site and is not responsible for any use of confidential or private information by sellers or third parties.
F. Publisher may change any of the information found on this Site at any time without notice including this User Agreement without notice. Site owner makes no commitment to update the information found at this Site. Site makes no commitment to update the materials.
G. The warranties and representations set forth in this Agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person.
VII. ADDITIONAL DISCLAIMERS AND INDEMNIFICATION
A. The provision of any services which is in violation of any laws is strictly prohibited. If We determine that You or any user has provided or intends to purchase or provide any services in violation of any law, your ability to use the Site will be terminated immediately. We do hereby disclaim any liability for damages that may arise from any user providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold Us harmless from any liability that may arise for us should You violate any law.
B. You also agree to defend and indemnify Us should any third party be harmed by Your illegal actions or should We be obligated to defend any claims including, without limitation, any criminal action brought by any party.
C. You agree to defend, indemnify, and hold harmless the Publisher, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your, or You under another personâ€™s authority including without limitation to governmental agencies, use, misuse, or inability to use the Site or any of the Materials contained therein, or Your breach of any of this User Agreement. Publisher shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.
VIII. LIMITATION OF LIABILITY:
A. In no event shall Publisher (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any personâ€™s use, misuse, or inability to use the Site or any of the materials contained therein, even if Publisher has been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if Publisher has been advised of the possibility of such damages.
B. In no event shall Publisherâ€™s maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by You for use of a Site or Site for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
IX. LINKS AND LINKING:
A. Some websites which are linked to the Site are owned and operated by third parties. Because the Publisher has no control over such websites and resources, You acknowledge and agree that Publisher is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
B. You further acknowledge and agree that Publisher 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 third-party content, goods or services available on or through any such website or resource. If You decide to access any such third party website, you do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein.
D. Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not constitute an endorsement by the Publisher of such websites or the content, products, advertising, or other materials presented on such Site, but are for user's convenience.
E. All users do hereby agree to hold the Publisher harmless from any and all damages and liability that may result from the use of links that may appear on the Site. The Publisher reserves the right to terminate any link or linking program at anytime.
X. TRADEMARK INFORMATION:
A. Publisher and the aforementioned name of the Site is a service mark and/or trademark of the Site. The name of the Site and the name of the Publisher are considered trademarks owned by the Publisher. We aggressively defend our intellectual property rights.
B. Other manufacturersâ€™ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
C. All of the marks, logos, domains, and trademarks that You find on the Site may not be used publicly except with express written permission from Publisher, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Publisher.
XI. COPYRIGHT INFORMATION:
A. The Materials accessible from the Site, and any other World Wide Website owned, operated, licensed, or controlled by Publisher, is the Publisherâ€™s proprietary information and valuable intellectual property and We retain all right, title, and interest in the Materials. The Site and its software are registered with the U.S. Copyright Office.
B. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of Publisher, except that you may print out a copy of the Materials solely for Your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
C. Modification or use of the Content except as expressly provided in this User Agreement violates the Publisherâ€™s intellectual property rights.
D. Neither title nor intellectual property rights are transferred to You by access to the Site.
E. All Materials included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of the Publisher or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on the Site is the exclusive property of the Publisher or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations. © SBR Network, Ltd., (2005-2006), all rights reserved.
XII. NOTICE OF CLAIMED INFRINGEMENT
The Publisher respects the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United Statesâ€™ Digital Millennium Copyright Act. If You believe that Your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Publisherâ€™s Designated Copyright Agent the following information:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. Description of the copyrighted work or other intellectual property that you claim has been infringed;
C. A description of where the material that you claim is infringing is located on a Site;
D. Your address, telephone number, and email address;
E. A statement by You that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. A statement by You, made under penalty of perjury, that the above information in your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property ownerâ€™s behalf.
G. You may send your Notice of Claimed Infringement to:
Please do not sent other inquires or information to our Designated Agent.
XIII. NOTICE AND TAKEDOWN PROCEDURES:
The Publisher implements the following â€œnotice and takedownâ€ procedure upon receipt of any notification of claimed copyright infringement:
A. The Publisher reserves the right at any time to disable access to, or remove any material or activity accessible on or from the Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
B. It is the firm policy of the Publisher to terminate the account of repeat copyright infringers, when appropriate, and the Publisher will act expeditiously to remove access to all material that infringes on anotherâ€™s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (â€œDMCAâ€). The Publisherâ€™s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and §512 of the DMCA, but does comply with three requirements for identifying Site that is infringing according to §512 of the DMCA, the Publisher shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements.
C. When the Designated Agent receives a valid notice, the Publisher will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
XV. NO AGENCY RELATIONSHIP:
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
A. Notice. Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site, or personal delivery by commercial carrier such as Federal Express or Airborne. Notices by customers to Publisher shall be given by electronic messages unless otherwise specified in the Agreement.
B. Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
C. When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
XVII. COMMUNICATIONS NOT PRIVATE:
Publisher does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Publisher shall be deemed to be readily accessible to the general public. Visitors should not use this Site to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can and may be read by the agents and operators of this service, regardless of whether they are the intended recipients of such messages.
XVIII. FORCE MAJEURE:
Publisher shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay the Siteâ€™s performance.
XIX. GENERAL PROVISIONS:
A. Governing Law, Jurisdiction, Forum, and Venue. This User Agreement and all matters arising out of, or otherwise relating to, this User Agreement shall be governed by the laws of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, brought to court and litigated in Orange County, Florida.
1. All parties to this Agreement agree that all actions or proceedings arising in connection with this Agreement or any services or business interactions between the parties that may be subject to this Agreement shall be tried and/or litigated exclusively in the state and federal courts located in Orange County, Florida.
2. The parties agree to exclusive jurisdiction in, and only in, Orange County, Florida.
3. The parties agree to exclusive venue in, and only in, Orange County, Florida.
4. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
5. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.
6. All parties stipulate that the state and federal courts located in Orange County, Florida shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby.
7. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
8. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.
B. Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other partyâ€™s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
C. Binding Arbitration. If there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable workerâ€™s compensation law, unemployment insurance claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Seminole County, Florida, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
D. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this User Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
E. No waiver of right to arbitration -- There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
F. The First Amendment applies to arbitration proceedings -- Any arbitration tribunal shall consider the First Amendment to the United States Constitution to be in force and effect between the parties. Both parties stipulate to the applicability of the First Amendmentâ€™s protection of free speech, expression, and association, and both parties stipulate that case law interpreting the First Amendment shall be admissible and considered to be binding authority upon the Arbitrator.
G. Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
H. Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this User Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this User Agreement will continue in full force and effect.
I. Attorneyâ€™s Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneyâ€™s fees and costs incurred in connection therewith, including attorneyâ€™s fees incurred on appeal.
J. Complaints â€“ California Residents. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
K. No Waiver. No waiver or action made by the Publisher shall be deemed a waiver of any subsequent default of the same provision of this User Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this User Agreement.
L. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this User Agreement.
M. Complete Agreement. This User Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Site and the Materials contained therein, and your Membership with the Site, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
N. Other Jurisdictions. Publisher makes no representation that the Site or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.
O. Stipulated Liquidated Damages â€“
1. In various provisions in this Agreement, we have outlined liquidated damages amounts to be applied as penalties against You if You violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, you acknowledge that this amount is not a penalty, that the actual damages are uncertain and difficult to ascertain, but that this amount represents the partiesâ€™ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
2. For any breach of a portion of this Agreement that does not specifically state another liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of $100 per occurrence. You specifically agree to pay this $100 in liquidated damages.
3. If We are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
SBR Points program
A. As of August 1st, 2011, SBR posters who live outside of the United
States and who are eligible to participate in the SBR points loyalty
program are able to purchase SBR Points. SBR Points may be used to make
purchases at the SBR Store. General rules and guidelines for the points
program are as follows:
1) SBR points may be purchased by SBRforum members who are based
outside of the United States. US residents are strictly prohibited from
purchasing SBR points. A valid, foreign registered Moneybookers account
is required to purchase points through the SBR Store. In addition, SBR
will verify that the IP address of each purchaser resolves to outside of
the US. Orders placed from within the US by non-US residents will not
be completed. Users who attempt to or successfully circumvent this
restriction will be subject to immediate loss of their point balances.
SBR reserves the right to request identification from all users,
including those suspected of proxy use or who otherwise are suspected of
not being in full compliance with the US restriction. There is up to a
72-hour hold following each first-time points deposit before a
withdrawal can be made. Users determined to be ineligible for the SBR
forum loyalty program will be prohibited from purchasing points and will
have any deposits refunded.
2) Posters that share the same household may not both receive SBR
points. The second account will have loyalty points withheld. If this
rule is violated, or if SBR determines that one user is controlling
multiple accounts, SBR reserves the right to remove points from all
accounts. In addition, offenders are subject to loss of their SBR
posting accounts at SBR's discretion.
3) Points cannot be bought and sold between posters. Posters are
reminded that no personal business or commerce can be conducted on the
SBR family of sites, including the PM system.
SBR points refund policy
A. Users who make a purchase through Moneybookers who do not use their electronic points and wish to be refunded can contact email@example.com to request a refund. Refund will be granted within one business day. SBR will not reimburse any standard Moneybookers imposed transaction fees to the user.
A. SBR will never share a purchaser's Moneybookers email address or account number unless the information is specifically ordered to be given by authorities.
This document was prepared by Weston, Garrou, DeWitt & Walters (firstname.lastname@example.org).
Nothing more follows.
P.O. Box 3335
SBR Network Ltd.
Van Engelenweg 23
Company registration #533694