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.
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.
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.
Advertisements
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.
