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Updated January 07, 2011
Please read the following general website Terms and Conditions (these "T&Cs" or “Agreement”) carefully before accessing the www.Sportweeter.com website (the “Site”), before registering with or opening a Site’s account ("Account")making any Submission or using the various services we provide, as defined below, so that you are aware of your legal rights and obligations with respect to the Site, Sportweeter, and its sponsors, advertisers, affiliates, parents and subsidiaries (individually and collectively, "we," "us," “our” “Sportweeter” or "Sponsors").
Membership and user/visitor access to this Site is void and unauthorized where prohibited by applicable law or regulation.
By using or accessing this Site, registering an Account, or using our Services, including agreeing to participate in a Service, you (i) signify your irrevocable acceptance of these general T&Cs and (ii) represent that you are of legal age to agree to these T&Cs.
These T&Cs apply to all visitors, users or members of the Site, including potential or actual, registered or unregistered participants as well as users and/or Members who access some of the Site’s services through their mobile or SMS services (“Mobile Services”) and those who are otherwise contributors of video, audio, artistic, sound recordings, opinions, reviews or any written or other expressive content, information or services on the Site.
Each Service (as defined below) or feature of a Service, may have its own specific rules. By participating or using a Service on this Site, you agree to any rules of that Service, in addition to these T&Cs.
Our business changes constantly, as do our Privacy Policy and any rules and regulations posted on the Site, including these T&Cs. We may or may not e-mail or in other ways provide you with periodic reminders of changes to our policies, but it is your expressed obligation to check the Site frequently to see if there are any recent changes to any of our policies or these T&Cs. The Sportweeter reserve the right to revise these T&Cs at any time without providing notice to its Members and/or users. YOUR CONTINUED USE OF THIS SITE, THE SERVICES (AS HEREINAFTER DEFINED) AND/OR YOUR ACCOUNT SHALL BE DEEMED AN IRREVOCABLE ACCEPTANCE OF ANY SUCH REVISIONS.
1. Description of Services: Sportweeter and the Site allow registered users (“Players”) to play or predict on the Site by predicting the winner of sports games. The Site shall, now or in the future, integrate the ability of Players to play, engage and interact online and on mobile devices (the “Services”). The term Service(s) shall include all Services including Online and Mobile Services as well as Sweepstakes, Games, Contests, user interaction, content Submissions and all any other promotional activities.
Each Service may be governed by its own rules (the “Rules”) as well as these T&Cs. In the event that any term, condition, clause or provision of this Agreement conflicts with any term, condition, clause or provision contained in the Rules, the term, condition, clause, or provision of this Agreement shall be controlling. In order to post or submit any videos, audio, pictures, documents, texts, comments, profiles, Mobile/SMS or other submissions (“Submissions”), visitors or users may be required to become Members (as hereinafter defined) by registering with the Site and creating a login and password.
Sportweeter reserves the right to add, change, modify, suspend or discontinue any portion of this Site or the Service(s) offered at any time. Sportweeter may also impose limits on certain Services or features and/or restrict your access to parts of the Site or to the entire Site in their sole and absolute discretion and without notice or liability to anyone.
The Site and the Services are for entertainment purposes only.
2. The Site: These T&Cs apply to all users/visitors/Members of the Site, including those who interact with, play Games on, register using or submit to the Site or any of its Services using our Mobile Services. The Site includes proprietary and third party information, including but not limited to all products and services offered via the Site.
3. Registration: In order to have access to certain features of the Site, such as Playing Games, you will be required to create an Account. You may never use a third party’s account without permission to play a Game, participate in a promotion or make Submissions.
Creating an Account with the Site is necessary to become a member ("Member"). A membership account on the Site is free of charge. When you register to become a Member, you agree to provide accurate, current and complete information about yourself ("Registration Data") as prompted by our registration form. You also represent that we may rely on your Registration Data as accurate, current and complete. You agree to maintain and update your Registration Data to keep it accurate, current and complete. Sportweeter reserve the right, in their sole and absolute discretion, to terminate your membership for inaccurate, untrue, deceptive and/or incomplete Registration Data.
4. Username and Password: As part of the registration process, you will be asked to select a username and password. We may refuse to grant to you any username, which in our sole and absolute discretion, is deemed to be invalid. Invalid usernames include, but are not limited to, usernames that are fashioned to impersonate another person, are protected by trademark law or other proprietary rights, are vulgar or otherwise offensive or those that may cause confusion. These are only some examples of invalid usernames and we reserve the sole right, at our own discretion, to deem any username invalid.
Your right to use the Site is not transferable. Unauthorized access to the Site and/or Services is a breach of this Agreement and a violation of applicable law and may result in a termination of your Account.
5. Eligibility: All visitors, users and Members of the Site must be either more than 18 years of age( 19+ Maine), emancipated minors, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these T&Cs. Children thirteen (13) years of old or younger are not permitted to use or access the Site and/or Services.Membership in the Services is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Participation in certain Services may have additional eligibility requirements. Please consult that particular Service’s Rules for additional information.
6. Term/Termination: Sportweeter reserve the right to decide whether any content or Submissions are appropriate and comply with these T&Cs. Sportweeter will review Submissions for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material or excessive length. Sportweeter will decide at any time in their sole and absolute discretion whether to remove and/or terminate a Member’s access to this Site, for any reason, including but not limited to uploading such material in violations of these T&Cs, or no reason.
Sportweeter may or may not provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided during registration or such other e-mail address(as) that you may later provide us. Such termination is effective when executed by Sportweeter or upon transmittal by Sportweeter. However, your obligations of indemnification pursuant to Sections 9, 11 13 and 15 of this Agreement shall survive any termination of this Agreement or the cancellation of Account.
Withdrawal of consent or request to have your Account terminated will have no effect on the legal validity and/or enforceability of these T&Cs for the time period prior to your request and during the time period needed for us to reasonably act to comply with your request.
7. Digital Millennium Copyright Act
a) If you are a copyright owner or an agent thereof and believe that any Submissions or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for more detail):
Sportweeter’s designated Copyright Agent to receive notifications of claimed infringement is:
Copyright Agent c/o

6400 N. Andrews Avenue, Suite #320
Ft. Lauderdale, FL 33309
You acknowledge that if you fail to comply with all of the requirements of this Section 7(a), your DMCA notice may not be valid.
b) Counter-Notice. If you believe that your Submissions that were removed (or to which access has been disabled) are not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your Submissions, you may send a counter-notice containing the following information to the Copyright Agent:
8Use of Content on Site.Any Submission or other content listed, uploaded, posted or made available by Members and/or users of the Site through the Services are those of the respective Member and/or user and not of Sportweeter, and should not necessarily be relied upon. Such Members and/or users are solely responsible for the accuracy, completeness or usefulness of such content. Sportweeter does not guarantee the accuracy, completeness or usefulness of any information made available by Members and/or users on the Site and/or through the Services and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Site. The Member and/or user understands and agrees that Sportweeter will not be responsible for, and Member and/or user hereby agrees to hold Sportweeter harmless from, any and all loss or damage resulting from anyone's reliance on information or other content posted on the Site, available through the Services, or that which is otherwise transmitted to Members and/or users. You may access Submissions or any other contents solely:
Streaming means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to the user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.
9. Member Submissions and Comments This Section governs the Submission of any photograph(s), video(s), image(s), SMS and/or comment(s) or other content to the Site. Users agree that whether published or not, Sportweeter does not guarantee the confidentiality of their Submissions. Sportweeter does not condone or tolerate the Submission of illegal and/or inappropriate content. By providing your Submissions, or attempting to provide your Submissions (whether via Internet transmission, Mobile Services or by traditional means), you hereby agree, and are fully subject, to these content terms ("Content Terms"). These Content Terms govern each and every Submission(s) that you submit to the Site. In consideration for posting your Submissions to the Site, you represent, warrant and agree that:
  1. You, and any other individual(s) portrayed in the Submissions, were over the age of eighteen (18)( Maine 19+) years at the time that the Submissions were taken and/or created;
  2. You are the individual in the Submissions or, if the Submissions include other individual(s), that you have previously obtained from the individual(s) photographed, and/or their authorized representatives, the written permission and consent for such use, publication and/or display. You further agree that you will provide to Sportweeter with a copy of such written permission and consent upon request. Submissions which contain photographs/images of third parties does not create any type of agreement whatsoever between Sportweeter and said third parties as there are no third party beneficiaries to these T&Cs or to the Privacy Policy;
  3. The Submissions contain an accurate representation of you, as you appear at the time of the entry of the Submissions to the Site;
  4. The Submissions do not contain obscene material, as defined under Federal Law, including, without limitation, violence, other illegal activities and/or contraband, except that Submissions pursuant to any Services shall also comply with all applicable Rules;
  5. You have full rights to use and dispose of any rights including, without limitation, any and all copyrights, associated with the Submissions;
  6. No other party has any rights, including intellectual property rights, to the Submissions;
  7. You hereby grant Sportweeter, its parents, subsidiaries, affiliates and/or assigns a non-exclusive, unlimited, worldwide, fully paid, irrevocable license to copyright, edit, copy, use, destroy and/or publish the Submissions as permitted by these T&Cs and our Privacy Policy. This section shall survive any termination of the Agreement.
  8. Sportweeter may, in its sole and absolute discretion, choose to screen Submissions and reject any Submissions for any reason, or no reason, whatsoever;
  9. You waive any right that you may have to inspect and/or approve any finished product or copy using and/or incorporating the Submissions, or the use to which the Submissions may be applied;
  10. Sportweeter may include or add editorial copy and/or other writings or graphics with the Submissions;
  11. You are subject to any other guidelines and/or rules and regulations that may appear at the Site; and
  12. Neither you nor anyone else will receive, either now or in the future, any compensation from anyone, for the Submissions.
10. License Grant: As a user or Member of this Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and/or Services in accordance with this Agreement. Sportweeter retains the right to terminate this license, without notice, in its sole and absolute discretion, at any time for any reason whatsoever. Sportweeter reserves any rights not explicitly granted in this Agreement.
No part of the Site and Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, the Services or any portion thereof. Sportweeter reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere, or attempt to interfere, with the proper functioning of the Site and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
11. Proprietary Rights of Content: The content on the Site, except the Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to Sportweeter, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site and Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks or other materials viewed at, on or through the Site and Services. The posting of information or material at or on the Site by Sportweeter does not constitute a waiver of any right in such information and materials.
12. Online Conduct: You are solely responsible for all Submissions including, but not limited to, all content and/or information that you publish, transmit and/or post on the Site or Services. You agree to use the Site and the Services in a manner consistent with any and all applicable laws and regulations as they now exist or may herein after be promulgated. You agree not to:
  1. include in your profile any offensive anatomical or sexual references or offensive language or any confidential information of any third person;
  2. post, or attempt to post, any photographs, videos or other images containing offensive and/or confidential information;
  3. impersonate any person or entity;
  4. "stalk" or otherwise harass any person via the Site and/or Services;
  5. engage in advertising to, or solicitation of, other Members and/or users to buy or sell any products or services through the Site and/or Services;
  6. transmit any chain letters, spam or junk e-mail to other Members and/or Users;
  7. express or imply, without our specific, prior, written consent that any statements you make are endorsed by Sportweeter;
  8. harvest or collect personal information about other Members and/or Users, whether or not for commercial purposes, without their express consent;
  9. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site, its Services or its contents;
  10. post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary informationwithout obtaining the prior consent of Sportweeter or the owner of such proprietary rights;
  11. to access Submissions, the Site or Sportweeter Content through any technology or means other than through the means provided on the Site itself or other explicitly authorized means Sportweeter may designate;
  12. remove any copyright, trademark or other proprietary rights notices contained on the Site;
  13. interfere with or disrupt the Site and/or the Services, or the servers and/or networks connected to the Site and/or the Services;
  14. post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  15. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
  16. "frame" or "mirror" any part of the Site, without our specific, prior written authorization;
  17. use metatags, code or other devices containing any reference to Sportweeter, the Services or the Site in order to direct any person to any other website for any purpose; and/or 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 cause others to do so; and
  18. to use the Site, including any tools or technologies made available therein, for any commercial purpose, without the prior written consent of Sportweeter. Prohibited commercial uses include any of the following actions taken without Sportweeter express consent: (i) sale of access to the Site or its related Services on another website; (ii) use of the Site or its related Services, for the primary purpose of gaining advertisements or subscription revenue; and (iii) the sale of advertising, on any Sportweeter Site or any third-party website, targeted to the content of specific Submissions or Sportweeter Content.
Sportweeter reserves the right, but has no obligation, to reject any profile, membership, photograph, video, image and/or any other Submission that does not comply, in Sportweeter’s sole and absolute discretion, with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in the immediate termination of your membership pursuant to the terms of this Agreement. Sportweeter reserves the right to pursue any and all legal remedies against Members and/or users who engage in any of the aforementioned prohibited conduct.
13. Disputes: Sportweeter does not control the information provided by Members or users that is made available through our system. You may find other Members’ and or users’ information to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Site and our Services.
You are solely responsible for your interactions with other Members and/or users. By using or accessing the Site or by registering as a Member of the Site, you hereby release Sportweeter, including, but not limited to, its officers, directors, agents, affiliates, parent companies, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Sportweeter reserves the right, but has no obligation, to monitor disputes between you and other Members and/or users.
14. Privacy: Your privacy is very important to us. To better protect your rights, we have provided you with our Privacy Policy, which may change from time to time, without Notice, to explain our privacy practices. To read our Privacy Policy, please use the following link provided on the Site’s home page: http://www. Sportweeter.com/privacy
15. Indemnification: You agree to indemnify, defend and hold Sportweeter, and its subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a "Covered Party"), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, the Services, (ii) arising from your breach of this Agreement, or (iii) arising from your violation or breach of any term of these T&Cs or any policies, rules or guidelines referenced herein.
16. WARRANTIES: You expressly agree that access and/or use of the Site and/or Services is at your sole risk. The Site and Services are provided on an "AS IS" and "As Available" basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of intellectual property. The Site and/or Services may contain bugs, errors, problems or other limitations.
Sportweeter and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site and/or Services to the fullest extent permitted by applicable law. Sportweeter and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The negation of damages set forth above is a fundamental element of the basis of the bargain between Sportweeter and you. The Site and Services would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from Sportweeter through the Site and/or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement. Sportweeter is not responsible to you and/or any third party, without limitation, for: 1) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of, Member and/or user communications; 2) the conduct of any Member and/or user, whether online or offline, including, without limitation, any threatening, defamatory, obscene, offensive or other conduct of any other party; 3) any potentially offensive, incorrect or inaccurate content posted on the Site or provided in connection with the Services, whether caused by Sportweeter, users, Members, or by any of the equipment or programming associated with, or utilized in, the Services; 4) any computer virus or other malicious, destructive or corrupting code, agent, program or macros; or 5) any infringement of another's rights, including intellectual property rights.
You agree that Sportweeter is not the publisher of the pictures, videos and/or third party content found on the Site and, as such, shall not be liable for damages arising there from including, without limitation, any and all criminal and/or civil liability.
Sportweeter shall not be liable to you for any Services, goods and/or information available from third parties, even if obtained at or through the Site and/or Services. If you are dissatisfied with the Site and/or Services or with this Agreement, your sole and exclusive remedy is the cancellation of your membership and to discontinue use of the Site and Services.
17. Third-party Websites: The Site may contain links to other websites owned and operated by Sportweeter, as well as links, banner advertisements, pop-ups and/or other online methods to redirect you to other third party websites not owned or controlled by Sportweeter. Sportweeter has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party site. By using the Site, you expressly relieve Sportweeter from any and all liability arising from your use of any third party website. Furthermore, Sportweeter does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third party websites or resources, or for any damages and/or losses arising there from.
Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit. You will bound by the terms and conditions, policy policies, and rules and regulations of any Sportweeter or third party website you access through the Site.
18. Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Sportweeter 's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement.
You expressly authorize Sportweeter to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you.
19. DISPUTE RESOLUTION: If a dispute arises between you and Sportweeter, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Sportweeter agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by sending an e-mail to info@sportweeter.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law and Forum- This Agreement shall be treated as though it were executed and performed in Miami-Dade County, Florida and shall be governed in all respects by the laws of the State of Florida without regard to conflict of law provisions. You agree that any Claim or dispute you may have against Sportweeter must be resolved by a court located in Miami-Dade County, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option Section below. You agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such Claims or disputes.
Arbitration Option- For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All Claims you bring against Sportweeter must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a Claim contrary to the Dispute Resolution Section, Sportweeter may recover attorneys' fees and costs up to $1000, provided that Sportweeter has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
20. Legal Warning: Any attempt by any individual, whether a user or Member or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and Sportweeter will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
21. Contact Us: 

PO Bx 770942
Coral Springs, Florida 33077