Terms & Conditions :: TieBreakers

User Terms & Conditions

UPDATED: Feb, 2010

ACCEPTANCE OF TERMS

These Terms of Use govern your use of TheTiebreakers.com service and website. By using, visiting, or browsing TheTiebreakers.com service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the service or website. These Terms of Use are an ongoing contract between you and TheTiebreakers.com and apply to your use of the service and website. These Terms of Use affect your rights and you should read them carefully.
The web pages available at www.TheTiebreakers.com, and all linked pages ("Site"), are owned and operated by Matchpoint Holdings LLC., a Delaware Limited Liability Corporation ("TheTiebreakers.com", "we" or "us"), and is accessed by you under this Terms of Use Agreement ("Terms of Use").
These terms and conditions shall be governed by and construed in accordance with the laws of United States of America, without regard to its conflicts of law principles. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in United States of America.
Please read these terms of use carefully before using the TheTiebreakers.com website. By accessing this site or using any part of the site or any content or services on the site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the site or use the content or any services on the site.

TheTiebreakers.com reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If we do this, we will post the amended Terms of Use on this page and indicate at the top of the page the date the Terms of Use were last revised. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

DESCRIPTION OF SERVICE

TheTiebreakers.com provides services and content relating to the world of sports, as described more fully on the Site (the "Service"). The Service shall include, but not be limited to, any service and content TheTiebreakers.com performs for you, as well as the offering of any materials displayed or performed on or through the Service, including but not limited to text, user comments, messages, information, data, graphics, news articles, editorials, photographs, images, illustrations, software, audio clips and video clips (collectively "Content"). TheTiebreakers.com may alter, suspend or discontinue the Service, including any Content, for any reason, at any time, including the availability of any feature or content. TheTiebreakers.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

ELIGIBILITY

You may only use the Service if you are at least 13 years old, whether acting on your own behalf or as an authorized employee or representative of a corporation or other business entity. If you are at least 13 but less than 18 years old, you certify that you have a parent's consent to use the Service. Any registration, use or access to the Service by anyone under 13 is a violation of these Terms of Use and is strictly prohibited. If you do not so qualify, do not attempt to register for or use the Service.
The Service is provided for your personal, noncommercial use only. You may not use the Service for commercial purposes.

REGISTRATION

You can browse TheTiebreakers.com and enjoy the content without registering. In order to access certain features of the Service, you must register with TheTiebreakers.com and select a password and screen name ("nickname").
You may not select or use as a TheTiebreakers.com nickname a name that is offensive, vulgar or obscene. TheTiebreakers.com reserves the right to refuse registration of, or cancel a TheTiebreakers.com User ID in its sole discretion.
When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your TheTiebreakers.com password. You are solely responsible for the activity that occurs on your account. You must notify TheTiebreakers.com immediately of any breach of security or unauthorized use of your account. Although TheTiebreakers.com will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of TheTiebreakers.com or others due to such unauthorized use.
By providing TheTiebreakers.com your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

FREE TRIALS

We encourage the use of our service through free trials. Free trials last for certain periods or as otherwise specifically stated for eligible members. To view the specific details regarding your free trial, if any, click on the "Your Account" option.
Free trials cannot be combined with any other offer. If you or another member of your household has been a TheTiebreakers member within the last 12 months, you are not eligible to receive a free trial. You must have Internet access and a valid credit card or debit card ("Payment Method") to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be required. No charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial membership period.

MEMBERSHIP

You can find the specific details regarding your membership with TheTiebreakers at any time by clicking on the "My Profile", then on "Account", located at the top once signing in to TheTiebreakers.com.
We will begin billing your Payment Method for monthly or annual membership fees corresponding to your membership plan the end of your free trial membership period unless you cancel prior to the end of your free trial.
To view the specific details of your membership plan, including price and end date of your free trial period, you must sign in to the Service and look on the "My Profile / Subscriptions" page. You will not receive a notice from us that your free trial membership has ended or that your paying membership has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD. IN THE "My Profile / Subscriptions" SECTION OF THE SERVICE AFTER SIGN IN YOU WILL FIND A CANCELLATION OPTION. We will continue to bill your Payment Method on a monthly or annual basis for your membership plan until you cancel. You may cancel your membership at anytime. We offer a number of membership plans, including special promotional plans or memberships. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).
Your membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month or year in order to avoid billing of the next membership period fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

BILLING

By starting your TheTiebreakers membership, you are expressly agreeing that we are authorized to charge you a monthly or annual membership fee, any applicable tax and any other charges you may incur in connection with your use of the service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Additional charges may include gift subscription purchases you make, level changes you request. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel)
The membership fee will be billed at the beginning of your membership and on each monthly or annual renewal thereafter unless and until you cancel your membership. Click on the "My Profile / Subscriptions " page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, upon cancellation or termination of your membership, and you authorize us to charge your Payment Method for such varying amounts. Your Payment Method will be authorized for up to approximately one month of service during the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your two-week free trial. We may also periodically authorize your card in anticipation of membership or related charges.
All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, bonus disc or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the Web site. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

SERVICE CANCELLATION

You may cancel your membership to TheTiebreakers at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS. To cancel, sign in on the "My Profile / Subscriptions " page and CLICK in the UNSUBSCRIBE option. Upon cancellation, you will receive an eMail of confirmation. You are not eligible for the TRIAL BENEFIT during the following year from the date of cancellation.
We reserve the right to terminate your account for any or no reason.

USER CONDUCT

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by TheTiebreakers.com. By way of example, and not as a limitation, you agree not to use the Service: *to abuse, harass, threaten, impersonate, or intimidate other TheTiebreakers.com users; *to contribute 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 you are an international user, you agree to comply with all local laws in your use of the Service; *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 TheTiebreakers.com user;* to create or submit unwanted email ("Spam") to any other TheTiebreakers.com users or any URL; *to violate any laws in your jurisdiction (including but not limited to copyright laws); *to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;* with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our 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 we may use to prevent or restrict access to the site;
To report Terms of Use abuse, please email: abuse@TheTiebreakers.com

USER CONTENT

By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Service (your User Content), you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity or privacy. TheTiebreakers.com reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
For the purposes of these Terms of Use, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
TheTiebreakers.com takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. TheTiebreakers.com is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that TheTiebreakers.com shall not be liable for any damages you allege to incur as a result of such User Content.
Your User Content includes, without limitation, any blog post you provide via TheTiebreakers.com. If you choose to share your blog on TheTiebreakers.com, you acknowledge that in order to authenticate you as the owner of the blog, we may require you to paste confirmation code into the external template of your blog that authenticates the blog as an authorized feed to the Service and places a badge on your blog identifying you as a TheTiebreakers.com user. By pasting the confirmation code into your blog template, you consent to post your blogs content on the Service as User Content and to display the TheTiebreakers.com Affiliate badge on your blog. You understand and agree that any blog post provided via the Service is subject to the User Content license set forth in these Terms of Use, and that your blog posts may have a different appearance when posted on TheTiebreakers.com than they do on your blog.
You are solely responsible for your interactions with other TheTiebreakers.com Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

LICENSE GRANT

By posting any User Content, you expressly grant, and you represent and warrant that you have a right to grant, to TheTiebreakers.com a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, transmit, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
Subject to the terms and conditions of these Terms of Use, you are hereby granted a non-exclusive, limited, personal license to use the Service. TheTiebreakers.com reserves all rights not expressly granted herein in the Service and the Content. TheTiebreakers.com may terminate this license at any time for any reason or no reason.

OUR PROPRIETARY RIGHTS

The Service and Content, and all Intellectual Property Rights related thereto, are the exclusive property of TheTiebreakers.com and its licensors. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service, except that the foregoing does not apply to your own User Content that you legally post on the Service. "TheTiebreakers.com" and other TheTiebreakers.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of TheTiebreakers.com in the United States and/or other countries. TheTiebreakers.com's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Use of the Content or materials on the Service for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

PRIVACY

We care about the privacy of our users. Click here to view our Privacy Policy, which is hereby incorporated by reference. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

INDEMNITY

You will indemnify and hold harmless TheTiebreakers.com, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Service, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or TheTiebreakers.com User ID, of any intellectual property or other right of any person or entity.
Marks, trademarks or logos appearing on the site are the registered marks owned by the respective entities operating under such marks. The use of such marks on this site is for informational purposes only and is not intended to imply or indicate any sponsorship, affiliation, endorsement or other relationship between such parties and TheTiebreakers.com.com.

WARRANTY DISCLAIMERS

You acknowledge that TheTiebreakers.com has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release TheTiebreakers.com from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. TheTiebreakers.com makes no representations concerning any content contained in or accessed through the Service, and TheTiebreakers.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THETIEBREAKERS.COM, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
THETIEBREAKERS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TheTiebreakers.com SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THETIEBREAKERS.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LINKS

The Service may provide, or third parties may provide, links to other websites or resources. Because TheTiebreakers.com has no control over such sites and resources, you acknowledge and agree that TheTiebreakers.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TheTiebreakers.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand that these Terms of Service and our Privacy Policy do not apply to your use of such sites. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

LIMITATION OF LIABILITY

IN NO EVENT SHALL TheTiebreakers.com, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF TheTiebreakers.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL TheTiebreakers.com BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. TheTiebreakers.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

TERMINATION

TheTiebreakers.com may terminate or suspend the Service in whole or in part and/or your TheTiebreakers.com account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Service will immediately cease.
If you wish to terminate your TheTiebreakers.com account, you may discontinue using the Service by accessing your account information and selecting the option "unsubscribe"
All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind TheTiebreakers.com in any respect whatsoever. 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.
If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with TheTiebreakers.com's prior written consent. TheTiebreakers.com may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.
The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if this agreement was made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use 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 the Terms of Use, and that all modifications must be in writing signed by both parties, except as otherwise provided herein.

TheTiebreakers.com requires that users of the Site respect the copyright and other intellectual property rights of all third parties. In accordance with the Digital Millennium Copyright Act (DMCA), TheTiebreakers.com will terminate, where warranted as determined in TheTiebreakers.com's sole discretion, users whom TheTiebreakers.com believes are intentional and/or repeat infringers.
If you believe that your copyright in any material has been infringed on the Site, please send a "DMCA Notice" described below to TheTiebreakers.com's DMCA Agent. To be effective, federal law requires your DMCA Notice to include the following information: Identification of the copyrighted work that you claim has been infringed, Identification of the material that you claim is infringing, with sufficient detail so that TheTiebreakers.com may readily locate it. Information sufficient to permit TheTiebreakers.com to contact you such as your name, addresses, telephone number, and e-mail address. A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner. The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.

Email: DMCA@TheTiebreakers.com

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