|
Terms
of Service (TOS) Sole
Survivor Pools.com is
Owned and Operated by Sports Business Interactive LLC., in co-operation
with CI
Fantasy Sports. ACCEPTANCE
OF TERMS: Welcome
to Sole Survivor Pools.com (“SSP”), owned
and operated by Sports Business Interactive LLC in cooperation with CI
Fantasy
Sports and Cornerstone International. SSP provides its service to you,
subject
to the following Terms of Service (“TOS”), which may be updated by from
time to
time without notice to you. In identifying SSP or Solesurvivorpools.com
or Sole
Survivor Pools.com is to be identifying all participants in equality as
listed
above. You can review the most current version of the TOS at any time
at: www.solesurvivorpools.com
. In addition, when using
particular SSP services, you and SSP shall be subject to any posted
guidelines
or rules applicable to such services which may be posted elsewhere on
the
website. All such guidelines or rules are hereby incorporated by
reference into
the TOS. ELIGIBILITY: In
order to participate in the service, you must be
Eighteen (18) years of age or older at the time of registration. DESCRIPTION
OF SERVICE: SSP
provides users with an easy to use
survivor/suicide pool contest for Major League Fantasy Football,
Hockey,
Baseball, Basketball, and Soccer. All contests are games of skill and
not of
chance or lottery. SSP
will make every reasonable effort to provide
access on demand to all users. We cannot, however, guarantee perfect
access at
all times. Such occurrences as extremely high website traffic, power
outage,
natural disasters, changes in law, strikes, etc. may from time to time
prevent
access to SSP from all or part of the world and internet. SSP will make
every
commercially reasonable effort to restore access as soon as possible in
the
event its own services are disrupted. SSP will not accept
responsibility for
any consequences resulting from disruptions in service.
ENTERTAINMENT
AND MARKETING ONLY: SSP
is strictly for entertainment or marketing
purposes only and may not be used in connection with any form of
gambling or
wagering or the promotion of gambling or wagering. If you know (or have
reason
to suspect) that the service is being used for purposes of gambling or
any
other unlawful activity, you must notify SSP immediately via
support@solesurvivorpools.com. SSP may pursue legal remedies against
such
persons. REPRESENTATIONS
AND WARRANTIES: You
represent, warrant and covenant that you will
not upload, post, transmit, distribute or otherwise publish through the
service
any materials which: (a) Restrict or inhibit any other user from using
and
enjoying the service; (b) Are unlawful, threatening, abusive,
libellous,
defamatory, obscene, pornographic, profane, or indecent; (c) Constitute
or
encourage conduct that would constitute a criminal offense, give rise
to civil
liability, or otherwise violate the law; (d) Violate, plagiarize or
infringe
the rights of any third party including, without limitation, copyright,
trademark, patent, rights of privacy or publicity, or any other right
of any
third party; (e) Contain a virus or other harmful or potentially
harmful
component; (f) Contain any unsolicited or unauthorized advertising,
promotional
materials, spam, or any other kind of solicitation; and/or (g)
Constitute or
contain false or misleading indications of origin or statements of
fact. You
represent, warrant and covenant that you will comply with these Terms
of
Service in connection with your use of the SSP service. RESERVATION
OF RIGHTS: SSP
expressly reserves, in its sole discretion, the
right to immediately modify, suspend or terminate your profile and
refuse
current or future use of any SSP or partner organizations service for
any
reason, including, but not limited to, SSP believes: you have used the
service
for gambling purposes; you have violated or tried to violate the rights
of
others; or believes that you have acted inconsistently with the spirit
or
letter of the TOS. SSP has the right to modify or discontinue service,
including terminating any games you have entered or are participating
in,
temporarily or permanently, in whole or in part for any reason, with or
without
notice to you. You agree that SSP will not be liable to you or to any
third
party for any modifications or discontinuance of service, including the
termination of any games you entered or are participating in. SSP in
the event
of terminating or discontinuing any contest or pool, will in full
respect
refund in whole or in part the full registration fee. This fee may be
refunded
directly to the service you used to make such payment or through means
of
cheque or money draft as decided by SSP. LICENSE
TO USE SOFTWARE: Users
have a limited license to access and use the
software that comprises the service. No one may reproduce, copy, or
redistribute, whole or in part, any of the software that constitutes
the SSP
service functions. No rights of any kind in any of SSP’s software,
programs or
other property shall accrue to any user. PRIVACY
POLICY: The
SSP Privacy policy can be found at:
www.solesurvivorpools.com on the Privacy page. YOUR
REGISTRATION OBLIGATIONS: To
create a profile on SSP you need to enter an
email address, username and password, and you need to agree to these
Terms of Service.
Since we use your email address, Profile ID or username to look up your
account
information, and to send you password change requests and other useful
correspondence you should be sure to use a valid email address when
registering. You should also keep your email address up to date using
the My
Profile page. If you use an invalid email address, you may find it
difficult to
retrieve your password and get customer service. USERNAME,
PASSWORD AND SECURITY: You
will create a username and password when
registering with SSP. The username you pick will be unique to the
website and
no other user will have the same username. Your password should be
something
easy to remember and should not be the same password you use to protect
important personal information such as bank and email accounts. You are
responsible for maintaining the confidentiality of your password, and
are fully
responsible for all activities that occur under your username. You
agree to (a)
immediately notify SSP of any unauthorized use of your username or any
other
breach of security, and (b) ensure that you log off from your account
at the
end of each session. SSP cannot and will not be liable for any loss or
damage
arising from your failure to comply with this Section. PRIZE
AWARDS: SSP
will award prizes as outlined on the website.
Prize awards will be made in US Funds via a direct money transfer in
electronic
format or through a cheque or money order payment. Paypal is our
ecommerce
provider and all electronic payments will be facilitated through this
service.
Cheque or money order requisitions will be processed as needed, and all
fee’s
associated with this payment choice will be the responsibility of the
contestant. To claim prize awards a valid email address with personal
identify
attached to your profile must be provided. A confirmation email will be
sent
with your prize claim instructions and options. All prize award
notifications
will be sent within 30 days following the end of the contest.
Contestants will
then have 30 days to claim or notify SSP of the nature of payment
choice. If
prize notification email or payment is not claimed within 45 days of
end of
contest, the prize may be in forfeit and will be so decided at the
discretion
of SSP. In some circumstances prizes may be delayed based on prize
claim
disputes and will be adjudicated for time and delivery by SSP. All
prizes must
be accepted as awarded. Prize
Claim Fees: Paypal
Payment: No fee’s associated with this
payment method. Direct
Bank Transfer Payment: $50.00 USD processing
fee, and all bank charges are the responsibility of the contestant.
Fees taken
off the net value of the prize award. Cheque/Money
Order/Draft: $50.00 USD processing fee
are the responsibility of the contestant. Fees taken off the net value
of the
prize award. ARBITRATION: Any
dispute relating in any way to your use of the
SSP website and the services offered therein shall be submitted to
confidential
arbitration in Nevis of the West Indies. You agree that any Dispute
between you
and SSP shall be resolved by an arbitrator selected out of this
jurisdiction.
The arbitration will be conducted before a single arbitrator, and will
be limited
solely to the Dispute between you and SSP. The arbitrator may award
reasonable
costs and expenses, including attorneys’ fees, incurred in staying or
dismissing such other proceedings or in otherwise enforcing compliance
with the
arbitration provision. The arbitrator’s award, including attorneys’
fees, shall
be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration
under these TOS or Privacy Policy shall be joined to an arbitration
involving
any other party subject to these TOS or Privacy Policy, whether through
class
arbitration proceedings or otherwise. You understand that, in the
absence of
this provision, you would have had a right to litigate disputes through
a court,
including the right to litigate claims on a class-wide or class action
basis,
and that you have expressly and knowingly waived those rights and
agreed to
resolve any Disputes through binding arbitration in accordance with the
provisions of this Section.. For the purposes of this provision, the
term
“Dispute” means any dispute, controversy, or claim arising out of or
relating
to: (i) this TOS or Privacy Policy, its interpretation, or the breach,
termination, applicability or validity thereof; (ii) the related order
for,
purchase, delivery, receipt or use of any product or service from SSP;
or (iii)
any other dispute arising out of or relating to the relationship
between You
and SSP. APPLICABLE
LAW/JURISDICTION: By
visiting the SSP website, even if accessed from
a location outside of Nevis of the West Indies, you agree that the laws
of the
Nevis will govern these disclaimers, TOS or Privacy Policy, without
giving
effect to any principles of conflicts of laws. We reserve the right to
make
changes to our website and these disclaimers, TOS or Privacy Policy at
any
time. You hereby irrevocably and unconditionally consent to
jurisdiction Nevis,
West Indies. INVALIDITY
OF SPECIFIC TERMS: If
any provision of these TOS or any document
incorporated by reference is found by a court of competent jurisdiction
to be
invalid, the parties nevertheless agree that the court should endeavour
to give
effect to the parties’ intentions as reflected in the provision, and
the other
provisions of such documents remain in full force and effect. LIMITATIONS
OF LIABILITY: In
no event shall we, our partners, parent
companies, subsidiaries, employees, our suppliers or sponsors be liable
for
lost profits, or any special incidental or consequential damages that
are
directly or indirectly related to the use, or the inability to use, or
the
performance of, the services even if foreseeable or SSP has been
advised of the
possibility of such damages whether in a action of contract,
negligence, or
other tortuous action. In no event shall our liability, and the
liability of
our partners, parent company, subsidiaries, employees and suppliers, to
you, or
any third parties in any circumstances exceed the greater of the
following: 1.
The amount of fee that you pay to us in a 12 month period prior to the
action
giving rise to liability, or (2) a value of $1,000.00 USD. INDEMNITY: You
agree to indemnify and hold us and (as
applicable) our parent company, subsidiaries, partners, affiliates,
officers,
directors, agents, and employees, harmless with respect to any and all
costs,
claims, demands, investigations (Civil or Criminal), of an Charges,
liabilities,
losses, damages, judgments, settlements, costs and expenses, including
reasonable attorneys’ fees, made by any third party due to or arising
out of
your breach of this agreement or the documents it incorporates by
reference, or
your violation of any law or the rights of a third party.
Notwithstanding the
foregoing, SSP retains the exclusive right to settle, compromise and
pay any
and all claims, demands, proceedings, suits, actions or causes of
actions which
are brought against SSP herein under the terms and provisions of this
Section
16 and in no event shall you settle any such claim without SSP’s prior
written
approval. REPORT
VIOLATIONS: If
you witness any user activity in the service
that violates these Terms of Service, please notify us of the activity
via
support@solesurvivorpools.com. SSP cannot guarantee that any action
will be
taken as a result but it is the responsibility of the participants to
make such
claim and come forward. COVENANT: This
makes up the full and scope of terms and
conditions and you agree to be bound by these terms and conditions and
shall
represent and hold them same. These TOS may change in accordance with
change in
operation and can be done so with our without prior notification to
you. You
accept these TOS and agree to be bound by them. Creating a profile with
SSP is
your binding contract to these terms and conditions. AGREEMENT: By
registering and/or entering any of our contests
you agree to the terms and conditions of these terms of service and
agree to be
bound by them. Updated
July 21, 2017. |