Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS (THE "AGREEMENT")
CAREFULLY BEFORE USING THE SERVICES. BY CLICKING ON THE ACCEPT
BUTTON, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ARE CONSENTING
TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. YOUR
USE OF THE SITE AND THE SERVICES OFFERED BY LOUD CASTLE MEDIA SHALL
ALSO CONSTITUTE ASSENT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO
ALL OF THIS AGREEMENT, YOU WILL HAVE NO RIGHT TO USE THE SITE OR
THE SERVICES DESCRIBED HEREIN.
The Web pages available at www.mybetbook.com and all linked pages
("Site"), are owned and operated by Loud Castle MediaLoud
Castle Media, LLC ("Loud Castle Media"), and are accessed
by you ("User") under the following terms and conditions.
Loud Castle Media reserves the right, at its discretion, to modify
the Agreement or Services (as defined below) or Content (as defined
below) at any time by posting a notice on the Site, or by sending
User a notice via email or postal mail. User shall be responsible
for reviewing and becoming familiar with any such modifications.
Use of the Services by User following such notification constitutes
User's acceptance of the terms and conditions of this Agreement
as modified.
- ACCESS TO THE SERVICES.
Subject to the terms and conditions of this Agreement, Loud
Castle Media may offer to provide certain services and content,
as described more fully on the Site, and which are selected
by User through the process provided on the Site ("Services").
Services shall include, but not be limited to, any services
Loud Castle Media performs for User, as well as the offering
of any materials displayed or performed on the Site (including,
but not limited to diagrams, text, graphics, news articles,
photographs, images, illustrations, audio clips and video
clips, also known as the "Content") on the Site.
Loud Castle Media may change, suspend or discontinue the
Services including any Content for any reason, at any time,
including the availability of any feature, database, or content.
Loud Castle Media may also impose limits on certain features
and services or restrict User's access to parts or all of
the Services without notice or liability.
User certifies to Loud Castle Media that if User is an individual
(i.e., not a corporation or institution) User is of legal age
to form a binding contract. User also certifies that it is legally
permitted to use the Services and access the Site, and takes
full responsibility for the selection and use of the Services
and access of the Site. Without limiting the foregoing, if User
is under the age of 13, User is not allowed to use the Services.
This Agreement is void where prohibited by law, and the right
to access the Site is revoked in such jurisdictions.
- SITE CONTENT.
The Site is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international
conventions, and other copyright laws. User may not modify,
publish, transmit, participate in the transfer or sale of,
reproduce (except as provided in this section of the Agreement),
create derivative works based on, distribute, perform, display,
or in any way exploit, any of the Content, software, materials,
or Services in whole or in part. User shall abide by all
copyright notices, information, and restrictions contained
in any Content accessed through the Services.
Loud Castle Media does not claim ownership rights in any Content
that User chooses to post to the Site or send using the Services.
After posting Content to the Site or sending Content using the
Services, User continues to retain all ownership or license rights
in such Content.
- USER WARRANTY.
As a condition of use, User promises not to use the Services
for any purpose that is unlawful or prohibited by this Agreement,
or any other purpose not reasonably intended by Loud Castle
Media.
By way of example, and not as a limitation, User agrees not
to use the Services:
- to abuse, harass, threaten, impersonate or intimidate other
Loud Castle Media users;
- to contribute or send any Content that is infringing, libelous,
defamatory, obscene, pornographic, abusive, offensive or
otherwise violates any law or right of any third party;
- for any illegal or unauthorized purpose. If User is an
international user, User agrees to comply with all local
laws regarding online conduct and acceptable content;
- to engage in illegal gambling activity, including operating
a sports book, accepting a fee for wagers, and any other
activity that may violate any illegal federal or state gambling
law
- to post or transmit, or cause to be posted or transmitted,
any communication or solicitation designed or intended to
obtain password, account, or private information from any
Loud Castle Media user;
- to modify, adapt or hack the Site or modify another website
so as to falsely imply that it is associated with the Site;
- to create or submit unwanted email ("Spam") to
any other Loud Castle Media users or any URL;
- to violate any laws in User's jurisdiction (including but
not limited to copyright laws);
- to submit stories or comments linking to affiliate programs,
multi-level marketing schemes;
- User will not use any robot, spider, scraper or other automated
means to access the Site for any purpose without Loud Castle
Media's express written permission. Additionally, User agrees
that it will not: (i) take any action that imposes, or may
impose in Loud Castle Media's sole discretion an unreasonable
or disproportionately large load on Loud Castle Media's infrastructure;
(ii) interfere or attempt to interfere with the proper working
of the Site or any activities conducted on the Site; or (iii)
bypass any measures Loud Castle Media may use to prevent
or restrict access to the Site.
Loud Castle Media may remove any Content and terminate User's
account at any time for any reason (including, but not limited
to, upon receipt of claims or allegations from third parties
or authorities relating to such Content), or for no reason at
all. To report Terms of Use abuse, please email: Email
a Bug Report. User, not Loud Castle Media, remains
solely responsible for all Content that User uploads, posts,
e-mails, transmits, or otherwise disseminates using, or in connection
with, the Services. User acknowledges that all Content that User
accesses using the Services is at User's own risk and User will
be solely responsible for any damage to any party resulting therefrom.
- RESTRICTIONS.
User is responsible for all of its activity in connection with
the Services and accessing the Site. User may not post or
transmit, or cause to be posted or transmitted, any communication
or solicitation designed or intended to obtain password,
account, or private information from any Loud Castle Media
user. User shall not use any part of the Site or Services
to violate the security of any computer network, crack passwords
or security encryption codes, transfer or store material
that is deemed threatening or obscene, or engage in any kind
of illegal activity. User will not run Maillist, Listserv,
any form of auto-responder, or "spam" on the Site,
or any processes that run or are activated while User is
not logged in to the Site and/or Service.
- FEES/PAYMENT.
Some of the Services on the Site require payment of fees. User
shall pay all applicable fees, as described on the Site in
connection with such Services selected by User. Any fees
paid hereunder are non-refundable. Loud Castle Media reserves
the right to change its prices and to institute new charges
at any time, upon prior notice to User, which may be sent
by email or posted on the Site. User authorizes Loud Castle
Media, directly or through third parties, to make any inquiries
it considers necessary to validate User's account and financial
information.
- WARRANTY DISCLAIMER.
User acknowledges that Loud Castle Media has no control over,
and no duty to take any action regarding: which users gains
access to the Site or use the Services; what Content User
accesses via the Site or Services; what effects the Content
may have on User; how User may interpret or use the Content;
or what actions User may take as a result of having been
exposed to the Content. User releases Loud Castle Media from
all liability for User having acquired or not acquired Content
through the Site or Services. The Site or Services may contain,
or direct User to sites containing, information that some
people may find offensive or inappropriate. Loud Castle Media
makes no representations concerning any content contained
in or accessed through the Site or Services, and Loud Castle
Media will not be responsible or liable for the accuracy,
copyright compliance, legality or decency of material contained
in or accessed through the Site or Services. THE SERVICES,
CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS
IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
USER.
- OTHER POLICIES.
For information regarding Loud Castle Media's treatment of
personally identifiable information, please review Loud Castle
Media's current privacy policy (above). If User believes
that material or content residing on or accessible through
the Site or Services infringes a copyright, please review
Loud Castle Media's Copyright Dispute Policy (below).
- REGISTRATION AND SECURITY.
As a condition to using the Services, User may be required
to register with Loud Castle Media and enter an email address
and password ("Loud Castle Media User ID"). User
shall provide Loud Castle Media with accurate, complete,
and updated registration information. Failure to do so shall
constitute a breach of this Agreement, which may result in
immediate termination of User's account. Loud Castle Media
reserves the right to refuse registration of, or cancel a
Loud Castle Media User ID in its discretion. User shall be
responsible for maintaining the confidentiality of User's
Loud Castle Media password.
- INDEMNITY.
User will indemnify and hold Loud Castle Media, its parents,
subsidiaries, affiliates, officers and employees, harmless,
including costs and attorneys' fees, from any claim or demand
made by any third party due to or arising out of User's access
to the Site, use of the Services, the violation of this Agreement
by User, or the infringement by User, or any third party
using User's account, of any intellectual property or other
right of any person or entity.
- LIMITATION OF LIABILITY.
IN NO EVENT SHALL LOUD CASTLE MEDIA BE LIABLE WITH RESPECT
TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN EXCESS
OF THE AGGREGATE FEES PAID BY USER FOR SUCH SERVICES; OR
(II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO USER.
- TERMINATION.
Either party may terminate the Services at any time by notifying
the other party by any means. Loud Castle Media may also
terminate or suspend any and all Services and access to the
Site immediately, without prior notice or liability, if User
breaches any of the terms or conditions of this Agreement.
Upon termination of User's account, User's right to use the
Services, access the Site and any Content will immediately
cease. All provisions of this Agreement which by their nature
should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers,
indemnification and limitations of liability.
- MISCELLANEOUS.
The failure of either party to exercise in any respect any right provided for
herein shall not be deemed a waiver of any further rights hereunder. Loud Castle
Media shall not be liable for any failure to perform its obligations hereunder
where such failure results from any cause beyond Loud Castle Media's reasonable
control, including, without limitation, mechanical, electronic or communications
failure or degradation. If any provision of this Agreement is found to be unenforceable
or invalid, that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full force and effect
and enforceable. This Agreement is not assignable, transferable or sublicensable
by User except with Loud Castle Media's prior written consent. Loud Castle Media
may transfer, assign or delegate this Agreement and its rights and obligations
without consent. This Agreement shall be governed by and construed in accordance
with the laws of the Commonwealth of Virginia without regard to the conflict
of laws provisions thereof. Both parties agree that this Agreement is the complete
and exclusive statement of the mutual understanding of the parties and supersedes
and cancels all previous written and oral agreements, communications and other
understandings relating to the subject matter of this Agreement, and that all
modifications must be in a writing signed by both parties, except as otherwise
provided herein. No agency, partnership, joint venture, or employment is created
as a result of this Agreement and User does not have any authority of any kind
to bind Loud Castle Media in any respect whatsoever.
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