1. ACCERCANCE OF TERMS
Welcome to Rival Central ("RC"). RC provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular RC services, you and RC shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
RC provides a hosted application for users to manage private and public sports competitions online for community building and entertainment purposes. Users will have to register to be a member (Member) in order to access the application.
RC will make every reasonable effort to provide access on demand to its members. RC 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 RC from all or part of the World Wide Web. RC will make every reasonable effort to restore access as soon as possible in the event its own services are disrupted. RC will not accept responsibility for any consequences resulting from disruptions in service.
RC has made every reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the Internet, and every reasonable effort to ensure these programs are free of defects. RC will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any Members.
3. AMUSEMENT AND ENTERTAINMENT ONLY
RC provides its services for the purposes of private amusement and entertainment only. RC does not promote the conduct of unlicensed, illegal or professional gambling, and will not condone the use of its facilities for any such purpose. Any pool discovered to be conducting unlicensed, illegal or professional gambling may be disconnected at once without warning, and without any liability on RC's part to the parties disconnected.
If your competitions include money to join and awards prizes, it may be considered illegal gambling in some
jurisdictions. It is your responsibility to determine that your competition is legal in the jurisdictions of every participant. If your competition is not legal for every participant, then you may not use RC to host your competition. BY ACCERCING THIS AGREEMENT YOU ACKNOWLEGE THAT YOUR POOL IS LEGAL FOR EVERY PARTICIPANT IN EVERY JURISDICTION THEY PARTICIPATE FROM.
4. LICENSE TO USE SOFTWARE
Members have a limited license to access and use the software that comprises the competitions for which they have registered. No one may reproduce, copy, or redistribute, whole or in part, any of the software that constitutes the RC service functions. No rights of any kind in any of RC's software, programs or other property shall accrue to any Member.
5. PRIVATE COMPETITION AND LEAGUES
Private Competition Managers are solely and exclusively responsible for timely and correct updating and information entry into their respective Private Competitions. If the competition has a prize, it is the sole responsibility of the individual competition manager to award that prize correctly. RC will not accept any responsibility for errors, omission, negligence or wrongful acts by any Competition Manager in the administration of pools, awarding of prizes, or for any other damages, direct or consequential, arising from participation in a Private Pool.
6. YOUR REGISTRATION OBLIGATIONS
To register on RC you need to enter an email address and password, and you need to agree to this Terms Of Service. Since we use your email address to look up your account information, and to send you passwords and other information about the site, you should be sure to use a valid email address when registering. You should also keep your email address up to date. If you use an invalid email address, you may find it difficult to retrieve your password and get customer service.
RC will never share your email address, or other information about you, with any other website or company without your expressed consent.
8. USERNAME, PASSWORD AND SECURITY
You will create a password when registering with RC. The username will be your email address and will be unique to the website and no other member will use the same email address. 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 brokerage accounts. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur within your RC account. You agree to (a) immediately notify RC of any unauthorized use of your account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. RC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
9. LOCATION OF LAWSUIT
In the event of a dispute that cannot be solved by amicable negotiation, Members and RC agree to place their dispute before the American Arbitration Association, at a location agreeable to both.
10. INVALIDITY OF SPECIFIC TERMS
If any provision of this 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 endeavor 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.
11. LIABILITY LIMIT
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, 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.