|
|
 |
|
|
|
|
BIGKAHUNASPORTS.COM
- TERMS
OF SERVICE
Welcome to
BigKahunaSports.com.
Basically, what's on this
site belong to us, and we
are not responsible for
you. The following terms
and conditions apply to
your use of this Website,
including access to the
Services (as defined below)
and Content (as defined
below) available through
the Website. Please read
these terms and conditions
carefully before using the
Website, accessing the Content
and/or using the Services.
BY USING THE WEBSITE,
THE SERVICES, OR THE CONTENT,
YOU ARE CONSENTING TO THE
TERMS AND CONDITIONS IN
THIS TERMS OF SERVICE AGREEMENT
AS THEY APPLY TO YOU AND
YOUR USAGE AND ACCESS.
Your use of the Website,
the Content, and the Services
is also subject to all applicable
laws and regulations. If
you do not agree to any
of the terms of service
in this agreement (the "TOS"),
you should not use the Website,
the Services, or the Content.
Your use of the Website,
the Content, and the Services
is also governed by our
Privacy Policy, which is
available through a link
on our homepage as well
as most of the other pages
on the Website.
We hope you enjoy
BigKahunaSports.com!
1. TERMS OF SERVICE
BigKahunaSports.com provides the
Website, the Content, and
the Services to you subject
to the following Terms of
Service ("TOS"). The TOS
may be updated by us from
time to time without notice
to you. We suggest that
from time to time you review
the TOS for possible changes.
In addition, when using
any Services or accessing
any Content, you will be
subject to any posted guidelines
or rules applicable to such
Services or Content. All
such additional guidelines
or rules are hereby incorporated
by reference into the TOS.
2. SERVICES AND CONTENT
BigKahunaSports.com currently provides
users with various features
and services, including
statistical review, handicapper
picks, and other interactive
and non-interactive features,
all of which may be updated,
deleted, or otherwise modified
from time to time at the
discretion of
BigKahunaSports.com.
In addition,
BigKahunaSports.com
provides access to certain
photographs, text, images,
statistics, logos, and other
media and intellectual property
related to or otherwise
associated with
BigKahunaSports.com.
Unless stated otherwise,
the Website, the Services,
and the Content are subject
to the TOS. You understand
and agree that the Website,
the Services, and the Content
are provided "AS IS" and
that
BigKahunaSports.com assume
no responsibility in connection
with your use of the Website,
the Services, or the Content.
The Website, the Services,
and the Content are provided
for your non-commercial
entertainment and enjoyment.
Under the TOS, you may download
certain Content and Services
available on the Website
to a single personal computing
device for your use and
entertainment. However,
you may not distribute,
modify, republish, or publicly
display any of the Content
or Services unless you have
the prior written permission
of
BigKahunaSports.com,
which permission may be
withheld at
BigKahunaSports.com’s
sole discretion.
3. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
a. YOUR USE OF THE WEBSITE,
THE SERVICES AND THE CONTENT
IS AT YOUR SOLE RISK. THE
WEBSITE, THE SERVICES AND
THE CONTENT ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
BIGKAHUNASPORTS.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
b. BIGKAHUNASPORTS.COM MAKE NO
WARRANTY THAT (i) THE WEBSITE,
SERVICES OR THE CONTENT
WILL MEET YOUR REQUIREMENTS,
(ii) THE WEBSITE, THE SERVICES
OR THE CONTENT WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY
BE OBTAINED FROM YOUR USE
OF THE WEBSITE, THE SERVICES
OR THE CONTENT WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY
YOU THROUGH THE WEBSITE,
THE SERVICES OR THE CONTENT
WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE
SOFTWARE OPERATING ON THE
WEBSITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH
THE USE OF THE WEBSITE OR
THE SERVICES IS DONE AT
YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM THE
WEBSITE OR THROUGH OR FROM
THE SERVICES OR THE CONTENT
SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN
THE TOS.
4. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT
BIGKAHUNASPORTS.COM
SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO DAMAGES
FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF
BIGKAHUNASPORTS.COM
HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE
USE OR THE INABILITY TO
USE THE WEBSITE, THE SERVICES,
OR THE CONTENT; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE
WEBSITE, THE SERVICES, OR
THE CONTENT; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY
ON THE WEBSITE, THE SERVICES,
OR IN THE CONTENT; OR (v)
ANY OTHER MATTER RELATING
TO THE WEBSITE, THE SERVICES,
OR THE CONTENT.
5. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS
OF SECTIONS 17 AND 18 MAY
NOT APPLY TO YOU.
6. ACCESS TO SERVICES
In order to use the Website
or the Services or access
the Content, you must obtain
access to the World Wide
Web and pay any service
fees associated with such
access. In addition, you
must provide all equipment
necessary to make such connection
to the World Wide Web, including
a computer and modem or
other access device.
7. BACKGROUND INFORMATION
In order to use the Services,
you may be required to register
with
BigKahunaSports.com by providing
certain information about
yourself, including your
name and e-mail address.
In consideration of your
use of the Services, you
agree to provide true, accurate,
current and complete information
about yourself as requested
in connection with the provision
of and/or registration for
any of the Services, subject,
of course, to all applicable
laws. If you provide any
information that is untrue,
inaccurate, not current,
or incomplete, or
BigKahunaSports.com
have reasonable grounds
to suspect that such information
is untrue, inaccurate, not
current, or incomplete,
BigKahunaSports.com has the right
to suspend or terminate
your password and/or refuse
any and all current or future
use of the Services.
8. ACCESS BY MINORS
You must be at least 18
years old to register. If
you are under 18 years of
age, you are not permitted
to use the Websites or the
Services or to access the
Content.
9. PRIVACY POLICY
All information collected
about you during registration
for use of the Services
will be used in accordance
with our Privacy Policy
and all applicable laws.
10. MEMBER PASSWORD AND
SECURITY
You will receive a password
upon completing the registration
process for use of the Services.
You are responsible for
maintaining the confidentiality
of the password, and are
fully responsible for all
activities that occur under
your password.
BigKahunaSports.com
cannot and will not be liable
for any loss or damage arising
from your failure to comply
with this Section 7.
11. MEMBER CONDUCT
You agree that in connection
with your use of the Website,
the Services, and the Content
you will not:
a. upload, post, email or
otherwise transmit any content
that is unlawful, harmful,
threatening, abusive, harassing,
tortuous, defamatory, vulgar,
obscene, libelous, invasive
of anyone's privacy, hateful,
or racially, ethnically
or otherwise objectionable;
b. harm or attempt to harm
minors in any way;
c. impersonate any person
or entity or falsely state
or otherwise misrepresent
your affiliation with a
person or entity;
d. upload, post, email or
otherwise transmit any content
that you do not have a right
to transmit under any law
or under contractual or
fiduciary relationships
(such as inside information,
proprietary and confidential
information learned or disclosed
as part of employment relationships
or under nondisclosure agreements);
e. upload, post, email or
otherwise transmit any content
that infringes any patent,
trademark, trade secret,
copyright or other intellectual
property right of any party;
f. upload, post, email or
otherwise transmit any unsolicited
or unauthorized advertising,
promotional materials, "junk
mail," "spam," "chain letters,"
"pyramid schemes," or any
other form of solicitation;
g. upload, post, email or
otherwise transmit 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;
h. interfere with or disrupt
the Website, the Services,
the Content or servers or
networks connected to the
Website, the Services or
the Content, or disobey
any requirements, procedures,
policies or regulations
of networks connected to
the Website, the Services
and/or the Content;
i. intentionally or unintentionally
violate any applicable local,
state, national or international
law.
j. reproduce, republish,
download, post, transmit,
distribute, copy, publicly
display or otherwise use
any Content or any derivative
works based on the Website,
Services, Content or the
Software, in whole or in
part.
12. USER MESSAGES
a. With respect to any messages,
information, data, graphics,
photographs, images, creative
ideas, concepts, know-how,
techniques, suggestions
or improvements or other
content that you transmit,
submit, post or upload to
the Website and/or in connection
with any of the Services
(each, "Message"), you are,
by transmitting or uploading
such Message, granting
BigKahunaSports.com
a perpetual, royalty-free,
sub-licensable, non-exclusive,
worldwide and irrevocable
right and license to use,
reproduce, modify, publish,
translate, prepare derivative
works based upon, and distribute
such Message for any purpose
and in any form. This license
is granted automatically
and no payment of any kind
will be due to you. At times,
BigKahunaSports.com may solicit
Messages from users. Your
provision of any such Messages
in response to a solicitation
by
BigKahunaSports.com shall be
subject to a grant of a
license to
BigKahunaSports.com
as specified above.
b. When any user posts any
Message to the Website or
any of the Services,
BigKahunaSports.com
shall have the right, but
not the obligation, to review,
edit or delete any Message
for any reason, at
BigKahunaSports.com’s
sole discretion. It is
BigKahunaSports.com’s
policy to fully cooperate
with law enforcement authorities
and court orders which request
or require
BigKahunaSports.com
to disclose personal information
or the postings of anyone
posting Messages to the
Website or any of the Services.
Although
BigKahunaSports.com may
monitor and/or review Messages
from time to time, it is
under no obligation to do
so and does not assume any
liability or responsibility
with respect to any Messages
including those that contain
errors, defamatory content,
pornography, profanity or
inaccuracies.
c. You acknowledge and agree
that
BigKahunaSports.com may preserve
Messages and may also disclose
Messages if required to
do so by law or in the good
faith belief that such preservation
or disclosure is reasonably
necessary to: (a) comply
with legal process; (b)
enforce the TOS; (c) respond
to claims that any Message
violates the rights of third-parties;
or (d) protect the rights,
property, or personal safety
of
BigKahunaSports.com, its users
and the public. You understand
that the technical processing
and transmission of the
Services, including Messages,
may involve (a) transmissions
over various networks; and
(b) changes to conform and
adapt to technical requirements
of connecting networks or
devices.
13. MODIFICATIONS TO
WEBSITE, INCLUDING THE SERVICES
BigKahunaSports.com reserves the
right at any time and from
time to time to modify or
discontinue, temporarily
or permanently, the Website
or Services (or any part
thereof) with or without
notice.
14. TERMINATION
You agree that
BigKahunaSports.com,
in its sole discretion,
may terminate your password
or use of the Website and/or
the Services, and remove
and discard any Message
within the Services, for
any reason, including, without
limitation, for lack of
use or if
BigKahunaSports.com believe
that you have violated or
acted inconsistently with
the letter or spirit of
the TOS.
BigKahunaSports.com may
also in its sole discretion
and at any time discontinue
providing the Website or
the Services, or any part
thereof, with or without
notice. You agree that any
termination of your access
to the Services under any
provision of this TOS may
be effected without prior
notice, and acknowledge
and agree that
BigKahunaSports.com
may immediately deactivate
or delete your password
and all related information
and/or files corresponding
to your password and/or
bar any further access to
such files or the Services.
15.
BIGKAHUNASPORTS.COM ADVERTISERS
AND VENDORS
Your correspondence or business
dealings with, or participation
in promotions of, advertisers
and vendors found on or
through the Services or
the Website, including payment
and delivery of related
goods or services, and any
other terms, conditions,
warranties or representations
associated with such dealings,
are solely between you and
such advertiser and/or vendor.
You agree that
BigKahunaSports.com
shall not be responsible
or liable for any loss or
damage of any sort incurred
as the result of any such
dealings or as the result
of the presence of such
advertisers or vendors on
the Website or in connection
with the Services. ALL
OF YOUR BUSINESS DEALINGS
WITH VENDORS AND ADVERTISERS
APPEARING ON THE WEBSITE
OR IN CONNECTION WITH THE
SERVICES SHALL BE AT YOUR
SOLE RISK.
16. LINKING
The Website and/or Services
may provide, or third parties
may provide, links to other
World Wide Web sites or
resources. Because
BigKahunaSports.com
have no control over such
sites and resources, you
acknowledge and agree that
BigKahunaSports.com are not responsible
for the availability of
such external sites or resources,
and do not endorse and are
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
BigKahunaSports.com
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.
17. PROPRIETARY RIGHTS
Services and Content are
the property of
BigKahunaSports.com
and are licensed to
BigKahunaSports.com
and may not be reproduced
without the prior written
consent of
BigKahunaSports.com.
You further acknowledge
and agree that (i) any necessary
software used in connection
with the Website, the Services,
and the Content (the "Software")
contains proprietary and
confidential information
that is protected by applicable
intellectual property and
other laws and are either
owned by or licensed to
BigKahunaSports.com; and (ii) content
contained in sponsor advertisements
or information presented
to you through the Website,
the Services, and the Content
or advertisers is protected
by copyrights, trademarks,
service marks, patents or
other proprietary rights
and laws. EXCEPT AS EXPRESSLY
AUTHORIZED BY
BIGKAHUNASPORTS.COM
OR ADVERTISERS, YOU AGREE
NOT TO REPRODUCE, REPUBLISH,
UPLOAD POST, TRANSMIT, DISTRIBUTE,
COPY, PUBLICLY DISPLAY OR
OTHERWISE USE ANY CONTENT
OR ANY DERIVATIVE WORKS
BASED ON THE WEBSITE, SERVICES,
CONTENT OR THE SOFTWARE,
IN WHOLE OR IN PART.
You agree not to modify
the Software in any manner
or form, or to use modified
versions of the Software,
including (without limitation)
for the purpose of obtaining
unauthorized access to the
Services. You agree not
to access the Services by
any means other than through
the interface that is provided
by
BigKahunaSports.com for use
in accessing the Services.
18. NOTICE
Notices to you may be made
via either email or regular
mail. The Website may also
provide notices of changes
to the TOS or other matters
by displaying notices or
links to notices to you
generally on the Services.
19. LINKING TO THE WEBSITE
No link to the Website
may be "framed" to the
extent such frame
contains any
sponsorship,
advertising, or other
commercial text or
graphics. All links to
the Website must be to
www.BigKahunaSports.com or
BigKahunaSports.com, the Website
home pages. "Deep Linking"
to internal pages of the
Website is expressly prohibited.
20. GENERAL PROVISIONS
The TOS constitute the entire
agreement between you and
BigKahunaSports.com and governs
your use of the Website,
the Services, and access
to the Content, superseding
any prior agreements between
you and
BigKahunaSports.com. You
also may be subject to additional
terms and conditions that
may apply when you use affiliate
services, third-party content
or third-party software.
The TOS and the relationship
between you and
BigKahunaSports.com
shall be governed by the
laws of United States without
regard to its conflict of
law provisions. You and
BigKahunaSports.com agree to submit
to the personal and exclusive
jurisdiction of the courts
located within the country
of Canada. The failure of
BigKahunaSports.com to exercise
or enforce any right or
provision of the TOS shall
not constitute a waiver
of such right or provision.
If any provision of the
TOS is found by a court
of competent jurisdiction
to be invalid, the parties
nevertheless agree that
the court should endeavor
to give effect to the parties'
intentions as reflected
in the provision, and the
other provisions of the
TOS remain in full force
and effect. 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 Services or
the TOS must be filed within
one (1) year after such
claim or cause of action
arose or be forever barred.
The section titles in the
TOS are for convenience
only and have no legal or
contractual effect. The
Laws and Courts of United
States govern any dispute
arising out of the use of
the web site.
If you have any questions
or comments about our Terms
of Service, please contact
us at:
picks@bigkahunasports.com
|
|
|
|
|
|
|
|
|
|
|
|
|