WiseStats Terms of Use

TERMS OF USE

(Last Updated June 21, 2010)

IT IS IMPORTANT THAT YOU READ ALL OF THESE TERMS OF USE CAREFULLY.

Acceptance of Terms of Use

These Terms of Use ("Terms") govern your access and use of the website located at www.wisestats.com (the "Site") which is owned and operated by Bet Smart Media Inc. ("Bet Smart"). By accessing and using the Site you are indicating your acceptance to be bound by these Terms. If you do not accept these Terms, you must not access or use the Site. IF YOU ARE DISSATISFIED WITH THE TERMS OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. Bet Smart may revise these Terms at any time by updating this posting. Use of the Site after such revisions are posted will signify your agreement to the revised Terms. You should visit this page periodically to review these Terms and any revisions.

No Advice

The Site and Site Content (defined below) are provided solely for entertainment and informational purposes. The Site and the Site Content are not intended to provide any legal, investment, financial, or other advice to you, and you should not rely upon the Site or Site Content in deciding to take or not take any action, nor assisting any other person in doing the same.

Age

By accessing or using this Site, you represent and warrant that you are of the age of majority or older in the jurisdiction in which you reside. YOU MUST NOT ACCESS THE SITE IF YOU ARE NOT OF THE AGE OF MAJORITY OR OLDER IN THE JURISDICTION THAT YOU RESIDE.

Disclaimer of Warranties

THE SITE AND ALL SITE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BY ACCESSING AND USING THE SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SITE CONTENT IS ENTIRELY AT YOUR OWN RISK. BET SMART MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE SITE OR SITE CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE, AVAILABLE, SECURE, TIMELY, MEET YOUR REQUIREMENTS, OR PROVIDE SPECIFIC RESULTS; (II) THAT ANY SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE SITE WILL BE NON-INFRINGING, OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; (III) THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (V) THAT THE SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE OR NOT INTERCEPTED.

NOTE: THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation of Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL BET SMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "BET SMART RELATED PARTIES"), BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA, LOST USE, LOST OPPORTUNITIES, LOST PROFITS, LOSS OF GOODWILL, DAMAGE TO PROPERTY, THIRD PARTY CLAIMS, OR ANY OTHER ECONOMIC LOSS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF A BET SMART RELATED PARTY KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE BET SMART RELATED PARTIES' AGGREGATE AND COLLECTIVE LIABILITY TO YOU OR ANY THIRD PARTY RESPECTING ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE, THE SITE CONTENT OR THESE TERMS, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (CDN $100), EVEN IF A BET SMART RELATED PARTY HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ANY BET SMART RELATED PARTY BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF A BET SMART RELATED PARTY OR YOUR FAILURE TO PROTECT YOUR USERNAME, PASSWORD OR ACCOUNT INFORMATION.

THE BET SMART RELATED PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER OF THE SITE OR ANY ADVERTISER OR SPONSOR OF THE SITE (COLLECTIVELY, "THIRD PARTY USERS"). UNDER NO CIRCUMSTANCES SHALL ANY BET SMART RELATED PARTY BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE SITE. IF YOU DECIDE TO ACCESS OR USE ANY LINKED SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

YOU HEREBY RELEASE EACH BET SMART RELATED PARTY FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY THIRD PARTIES THROUGH THE SITE.

Ownership

All materials displayed or otherwise accessible through the Site, including, without limitation, sports scores, sports schedules, sports standings, sports statistics, odds, metrics, news, editorials, text, charts, graphs, data, photographs, images, illustrations, audio clips, video clips, user interfaces, computer software and code (collectively, the "Site Content") are protected under Canadian, U.S. and foreign copyright or other laws, and are owned by Bet Smart, its licensors or the party accredited as the provider of the Site Content. You shall abide by all copyright notices, information and restrictions on or contained in any of the Site Content accessed through the Site. You may not copy, reproduce, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, frame, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Site or Site Content, in whole or in part, in any form or by any means whatsoever, for any public or commercial purpose, without the prior written consent of Bet Smart or the provider of the Site Content.

Trademarks

BET SMART, BET SMART MEDIA, BET SMART & DESIGN, WISESTATS, WISESTATS & DESIGN are trademarks of Bet Smart. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Site may constitute registered or unregistered trademarks of Bet Smart or third parties. While certain trademarks of third parties may be used by Bet Smart under license, the display of third party trademarks on the Site should not be taken to imply any relationship or license between Bet Smart and the owner of said trademark or to imply that Bet Smart endorses the wares, services or business of the owner of said trademark. Nothing contained on the Site should be construed as granting you any license or right to use any trademark logo or design of Bet Smart or any third party without the written permission of Bet Smart or the respective owner of any third party trademark.

Linking

The Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Bet Smart of the contents of such third party web sites. Bet Smart is not responsible for the content of any third party web site, nor does it make any representation or warranty of any kind regarding any third party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, completeness, reliability, suitability, timeliness of any content on any third party web site or the ability of any third party web site to meet your requirements or provide specific results; (ii) any representation or warranty regarding the non-infringement, merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third party web sites; or (iii) any representation or warranty that the operation of the third party web sites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected or that such third party websites will be free from viruses or other harmful components.

The Site may contain advertisements of third party wares or services. Bet Smart does not endorse any third party advertisers or any advertised third party material, content, software, goods or services. Bet Smart is not responsible or liable for any losses or damages that occur in your dealing with any third party advertisers or advertised third party material, content, software, goods or services. Bet Smart does not make any representation or warranty regarding the non-infringement, merchantability or fitness for a particular purpose of any advertised material, content, software, goods or services. You agree to assume the entire risk in dealing with any third party advertisers or third party material, content, software, goods or services.

User Content

The Site may provide features that allow you and other users to post or submit content ("User Content") to or through the Site, including without limitation, messages, commentary, documents, images, software, files or any other information or material. As a condition of accessing and using the Site, you agree not to post or submit User Content that: (a) is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, profane or indecent, including without limitation, User Content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (b) violates or infringes upon the rights of others, including without limitation, privacy or publicity rights, intellectual property rights, (including without limitation, copyright, patent, trade secret, or trademark rights), or other rights, without first obtaining permission from the owner or rights holder; (c) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of majority in a sexual or violent manner, provides instructional information about illegal activities; (d) solicits passwords, financial information or personal identifying information from users for commercial or unlawful purposes; (e) contains a virus or other harmful component, or provides or creates computer viruses; (f) constitutes junk mail, chain letters, unsolicited mass mailing or spam; (g) uses the Site for commercial purposes, including, without limitation, posting or submitting User Content that contains advertising or which engages in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes. The foregoing is a partial list of the kind of User Content that is illegal and/or prohibited on the Site. Bet Smart reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this section, including without limitation, removing the offending User Content from the Site and terminating the violator's access to the Site.

By posting or submitting User Content to or through the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Bet Smart and our licensees, affiliates, successors and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, license ("User Content License") to: (a) use, reproduce, store, display, publicly perform, adapt, translate, modify, make derivative works from, incorporate into other works, distribute, and promote your User Content, in all media now known or hereinafter created, anywhere in the world, and for any purpose; and (b) sublicense to third parties any of the foregoing rights. Bet Smart's use of any personally identifying information forming part of the User Content that you post or submit to the Site is governed by the terms of Bet Smart's Privacy Policy.

You waive, and you represent and warrant that you have obtained the waiver of, any and all moral rights in User Content that you submit or post to or through the Site, including without limitation, rights of attribution, rights of integrity, and any similar rights in any jurisdiction in the world. You represent and warrant that our exercise of any of the rights granted by you under the User Content License will not violate or infringe upon the rights of others, including without limitation, privacy or publicity rights, intellectual property rights, or other rights.

You are solely responsible for User Content that you post or submit to or through the Site. Bet Smart does not monitor or approve User Content posted or submitted to the Site by any user. Bet Smart may, in its sole and unfettered discretion, edit, remove or delete any User Content that you post or submit to the Site. Bet Smart is not responsible for, and does not endorse, User Content in any posting made by any user of the Site. Under no circumstances shall any Bet Smart Related Party be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any User Content posted by a third party on the Sites. If you become aware of misuse of the Sites by any person, please contact Bet Smart at abuse@wisestats.com. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

General Use of the Site

In your use of the Site, you agree to act responsibly in a manner demonstrating the exercise of good judgment. You agree not to: (a) use any content or information available through the Site for any unauthorized purpose; (b) interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (c) collect or store any information about any other user other than in the course of the permitted use of the Site; (d) impersonate any person or entity; (e) remove any copyright, trademark or other proprietary right notices contained in the Site; (f) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site; or (g) assist any third party in doing any of the foregoing.

Interactions with Other Website Users

You are solely responsible for your interactions with other users of the Site, including the User Content you post on the Site and in your messages to other users of the Site. Bet Smart will not be responsible for any damage or harm resulting from your interactions with other users of the Site.

You understand that Bet Smart does not in any way screen users, nor does Bet Smart inquire into the backgrounds of our users or attempt to verify their statements. Bet Smart reserves the right, but has no obligation, to monitor all interactions between you and other users of the Site and to take any action in good faith to restrict access to or the availability of any User Content that Bet Smart or another user of the Site may consider to be illegal or prohibited on the Site.

Messages sent through the Site between you and other users of the Site that are not readily accessible to the general public may be reviewed by Bet Smart for compliance with these Terms, but will be treated by us as private to the extent required by applicable law. You are solely responsible for, and agree to take reasonable precautions in, all interactions with other users of the Site, particularly if you decide to meet offline or in person.

You should not provide your financial information (for example, your credit card or bank account information) to other users of the Site.

Registration

To use certain features of the Site, you may be asked to register with the Site. You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Bet Smart has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bet Smart has the right to suspend or terminate your access to and use of the Site (or any portion thereof). Bet Smart's use of any personally identifying information you provide as part of the registration process is governed by the terms of Bet Smart's Privacy Policy.

You may be required to select a username and password when completing the registration process. This user name and password may be required to access certain features of the Site. You are solely and fully responsible for maintaining the confidentiality of your username and password, and for all activities that occur under your username and password. You agree to notify Bet Smart immediately of any unauthorized use of your username, password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Bet Smart cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Additional Terms for Purchases

Additional terms and conditions (the "Additional Terms") may apply to purchases of goods or services and to specific portions or features of the Site. The Additional Terms will be incorporated into and form part of these Terms by reference upon your initiation of such purchases. To the extent that there is a conflict between these Terms and the Additional Terms, the Additional Terms shall take govern.

Discontinuance of Service

Bet Smart reserves the right at any time to modify or discontinue, temporarily or permanently, any portion of the Site without prior notice. You agree that Bet Smart will not be liable to you or to any third party for any modification or discontinuance of the Site.

Termination

Bet Smart may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Site, (or any portion thereof). Bet Smart may also terminate your right to access and use the Site, or any part of the Site, if you breach any of these Terms. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that Bet Smart may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or the Site. Further, you agree that Bet Smart will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to the Site.

Take-Down Requests

It is the policy of Bet Smart to respond to claims of intellectual property infringement. Bet Smart will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed intellectual property infringement should be sent to ip@wisestats.com.

To be effective, the notification of infringement must be a written communication that includes the following:
1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.Identification of the intellectual property claimed to have been infringed;
3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the location of the material;
4.Information reasonably sufficient to facilitate contact of the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5.A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent or the law and;
6.A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Indemnity

You agree to indemnify, defend and hold harmless the Bet Smart Related Parties from and against any loss, liability (including settlements and judgments) or expense (including reasonable attorneys’ fees and expenses and court costs) arising out of: (a) any third party claim against any Bet Smart Related Party alleging that User Content posted or submitted to the Site by you infringes the third party’s intellectual property rights, privacy rights, publicity rights or other rights; (b) any breach by you of any provision of these Terms and/or any representation or warranty set out herein; and (c) any cost or expense incurred by us in the enforcement of this Section. Bet Smart will have the right, in its sole and unfettered discretion, to control the defense and settlement of any action or proceeding against any Bet Smart Related Party that you are bound to defend pursuant to the foregoing.

Governing Law and Jurisdiction

The Site (excluding linked Sites) is controlled by Bet Smart from its offices within the Province of British Columbia, Canada. By accessing or using the Site, you agree that all matters relating to your access to, or use of, the Site and/or the Site Content shall be governed by the laws of the Province of British Columbia and the laws of Canada, without regard to the conflict of laws principles thereof. Subject to the Dispute Resolution provision below, you agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of British Columbia with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Dispute Resolution

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms, your access and use of the Site and the Site, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to at the request of either party and finally settled (to the exclusion of the Courts) by private and confidential binding arbitration before a single arbitrator held in Vancouver, British Columbia, Canada in accordance with the International Institute for Conflict Prevention and Resolution Fast Track IT Rules (the "Rules") then in effect (except to the extent inconsistent with and therefore superseded by this section). There shall be one arbitrator agreed to by the parties or, if the parties are unable to agree within thirty days after a request for arbitration is made, selected in accordance with the Rules. Each party shall pay its own attorneys’ fees and one-half of the costs of the arbitration. The arbitrator shall issue a written award, stating reasons therefore (including both findings of fact and conclusions of law), and may award any remedy available at law (subject to the limitations of these Terms); but shall have no power to amend, supplement or reinstate these Terms; to award remedies other as permitted by these Terms or to fail to follow applicable law. The award will be final, binding on the parties, and may be confirmed by the judgment of a court of competent jurisdiction. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, Bet Smart reserves the right to pursue the protection of the Site, the Site Content and its intellectual property rights through injunctive or other equitable relief through the Courts.

General

Any consent by Bet Smart to, or waiver of, a breach of these Terms which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer these Terms or any right or obligation hereunder. If any term or provision of these Terms is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. These Terms are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any applicable Additional Terms or any agreements with Bet Smart that expressly reference these Terms, these Terms form the entire agreement between you and Bet Smart relating to the matters contained herein.