Please read the following Terms carefully. By using and/or accessing the Website or the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
Unless otherwise agreed in writing, these Terms apply to your access and use of the Website and Services. By using or otherwise accessing the Website or the Services, you explicitly agree to be bound by these Terms and each of the provisions contained herein. These Terms constitute a legal agreement between you and Bid Ventures and shall apply to your use of the Website and the Services. If you do not agree to these Terms, your sole remedy shall be to discontinue use of the Website and the Services. Bid Ventures reserves the right to change these Terms from time to time, at any time without prior notice. Any such changes will take effect when posted on the Website. Your continued access and/or use of the Website or the Services after any such change means you accept and agree to be bound by such change. Bid Ventures may notify you of any such changes; provided, you agree that it will be your sole responsibility to check, review and become familiar with any and all changes.
You must be at least eighteen (18) years of age to open an account, access the Services, participate in contest and tournaments, or win prizes offered by the Website. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. You must be at least nineteen (19) years of age at time of account creation if you are a legal resident of Nebraska or Alabama or twenty-one (21) years of age if you are a legal resident of Massachusetts. Legal residents physically located in any of the fifty (50) states and Washington, DC, excluding Arizona, Delaware, Hawaii, Idaho, Indiana, Iowa, Louisiana, Mississippi, Montana, Nevada, Pennsylvania, Vermont, Virginia, and Washington (the “Excluded States”) are eligible to open an account and participate in Contests, Markets, or other offerings through the Website (collectively, “Events”). Legal residents of the Excluded States are eligible to open and maintain accounts on the Website for use only in contests and tournaments that do not offer prizes.
Bid Venture employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner or relative of the Employee who resides at an Employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public contests or tournaments for cash hosted on the Website; provided, however, Employees and Immediate Family Members are permitted to play in the following contests on the Website: sponsored Private Contests, Private Contests for cash, or Private Contests for prizes other than cash. A “Private Contest” is one that is not listed on the Website’s public domain, and is hosted by another participating Employee, relative, friend of the Employee, or Immediate Family Member. Notwithstanding, Employees and relatives living in the same household as such Employees located in Colorado are prevented from competing in any fantasy contests offered by any fantasy contest operator in which the operator offers a cash prize.
Professional or amateur athletes, sports agents, coaches, team owners, team employees, referees or league officials, and their Immediate Family Members, are not eligible to participate in, and are strictly prohibited from entering, any contests or tournaments in the sport in which they are associated.
You may establish only one account per person to participate in the Services offered on the Website. You must be of legal age in the jurisdiction in which you physically access the Website or Services in order to create an account. In the event Bid Ventures discovers that you have opened more than one account, in addition to any other rights Bid Ventures may have against you, Bid Ventures reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
Only the Authorized Account Holder may use an account. You are responsible for maintaining the confidentiality of your login credentials and passwords, and you accept responsibility for all activities, charges, and damages that occur under your account. You agree that you will not permit access to your login credentials to any other person. It shall be a violation of these Terms to allow any other person to use your account to participate in or access the Services. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. You agree that Bid Ventures shall not be liable for any loss or damage resulting from your failure to notify us of unauthorized use.
“Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Website. By inputting a payment method to participate in real money Events, the Authorized Account Holder affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Website. It shall be a violation of these Terms for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
If you believe that your account, or funds held by your account, have been misallocated, compromised, or otherwise mishandled, please contact Jock MKT at firstname.lastname@example.org with explicit details of any issues. Jock MKT will use its best efforts to respond to complaints within ten (10) days.
Players can also permanently close their account at any time for any reason by emailing Jock MKT customer support at email@example.com.
You may deposit funds in your account upon the providing of necessary information. Bid Ventures reserves the right to place a limit on the amount of funds you may deposit at any time at a level that we may determine at our sole discretion. If any deposit is charged back or is otherwise uncollectible for any reason, the amount of the initial deposit and any winnings generated from your participation in real money Events from the time of the applicable deposit until its reversal or un-collectability shall be invalidated, forfeited and deducted from your account balance. Bid Ventures reserves the right to close your account – without notice – shall a deposit be charged back, or if it is determined that you are not of legal age in order to access the Website or Services, or you have violated any of the Terms, at the time of making a deposit.
In order for you to make any deposits by credit card, you must be the authorized user of such credit card. You agree to immediately notify us of any changes to your credit card account number, its expiration date and/or your billing address in order to make deposits with your credit card. If your credit card is cancelled or expired, you must immediately update your credit card prior to future use. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, failure to honor legitimate charges or requests for payment, or any other violation of these Terms will result in immediate termination of your account, forfeiture of winnings, and pursuit of civil litigation and/or criminal prosecution.
Bid Ventures will not provide credit to any customers.
Bid Ventures will provide a confirmation email to the customer upon completion of deposit.
The customer is subject to deposit limits within the state in which the customer resides, if such a limit exists. Customers can request an increase to their deposit limit in writing to firstname.lastname@example.org.
When you use a third-party payment service provider (e.g. PayPal® services) to make a deposit on our Website, the third-party payment service provider maintains primary responsibility for payment and payment related customer support. The terms between the third-party payment service provider and customers who utilize services of the third party are governed by a separate agreement and are not subject to these Terms. It is your responsibility to review any agreements you may with such third-party payment service provider, and you agree to Bid Ventures shall not be liable for any damages resulting from your use of such third-party payment service provider.
All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry or market order (collectively, a “Transaction”), the Transaction will be deemed submitted by the person in whose name the account was registered.
Users will be able to visit the Website and view the Events available for entry. Each Event that is not free to enter will have an entry fee listed in US dollars. When you select to participate in an Event and complete the Transaction process, the listed amount of US dollars will be debited from your account.
CONDITIONS OF PARTICIPATION
By entering an Event and/or otherwise using the Services, you agree to be bound by these Terms, the Official Rules for such contest or tournament, and the decisions of Bid Ventures, which shall be final and binding in all respects. Bid Ventures, at its sole discretion, may disqualify any entrant from an Event, refuse to award benefits or prizes, and/or require the return of any prizes if you engage in conduct, or otherwise utilize any information, that Bid Ventures deems to be improper, unfair or otherwise adverse to the operation of the Event or is in any way detrimental to other entrants. In the event it is determined your use of the Website or Services is in a manner not consistent with these Terms, Bid Ventures reserves the right, in its sole discretion, to suspend or terminate your access to the Website or Services, with or without notice, and without any obligation, to you. Such termination or suspension will not terminate or suspend these Terms as applied to your use and access of the Website. The following activities are expressly prohibited:
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY EVENT IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BID VENTURES RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE FORFEITURE AND/OR RETURN OF ANY PRIZE SHALL IN NO WAY PREVENT BID VENTURES FROM PURSUING CRIMINAL OR CIVIL PROCEEDINGS IN CONNECTION WITH SUCH CONDUCT
By accessing the Website or Services, entering into an Event or accepting any prize, you agree to indemnify, release and to hold harmless Bid Ventures, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims, or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with (i) participation in the Event, (ii) the receipt, ownership, use or misuse of any prize, (iii) your use or attempted use of the Website and/or the Services; (iv) your violation of these Terms or any Official Rules; (v) any claims based on publicity rights, defamation, or invasion of privacy; and/or (vi) any of your acts that may constitute a violation or infringement of a third party’s proprietary or intellectual property rights.
By entering into an Event or accepting any prize, to the extent allowable by law, you grant Bid Ventures and our affiliates, suppliers, and licensors and licensees a perpetual, worldwide, royalty-free irrevocable, non-exclusive right and license to use your name, voice, likeness, and digital and/or electronic image or likeness and any biographical information about you, and to reproduce, modify, adapt, publish, publicly and digitally display, translate, create derivative works from, and/or distribute such materials or incorporate such materials into any form, medium, or technology, now known or later developed, throughout the world, and the right to copy, disclose, distribute, incorporate and otherwise use such material for any and all commercial or non-commercial purposes. Bid Ventures may, in its sole and absolute discretion, require you to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.
Bid Ventures is not responsible for any incorrect, invalid or inaccurate information provided by users of the Website or for use of the Services; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit you to participate in an Event), including, without limitation, any injury or damage to you or any other person’s computer or video equipment relating to or resulting from accessing the Website or Services or participation in an Event; inability to access the Website, or any web pages that are part of or related to the Website; theft, tampering, destruction, or unauthorized access to accounts; data that is processed late, incorrectly, or is incomplete or lost due to computer or electronic malfunction, or the Internet, or any service provider’s facilities, or any website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
Bid Ventures is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason an Event is not capable of running as originally planned, or if an Event, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to an Event in accordance with the Terms or applicable Official Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Bid Ventures, corrupts or affects the administration, security, fairness, integrity, or proper conduct of an Event, Bid Ventures reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Event, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, a notification will be posted on the Website.
Participation in each Event must be made only as specified in these Terms and applicable Official Rules. Failure to comply with these Terms or applicable Official Rules will result in disqualification and, if applicable, prize forfeiture.
All Event entries shall become the property of Bid Ventures. Bid Ventures reserves the right to move entrants from an Event they have entered to a substantially similar Event in certain situations as determined by Bid Ventures in its sole discretion.
Customers can view their recent Event entry history within their account. If a customer requests a longer history than is viewable, they may request via email at email@example.com.
NBA LATE SCRATCH POLICY
Jock MKT will issue refunds for users holding shares of a Player purchased during IPO or LIVE if all conditions are met:
• Price paid per share exceeds $1/share
• Player is ruled out prior to the start of the game and does not participate in the game.
• User placed their IPO or LIVE bid prior to any news posted in the Player’s profile indicating the Player may not play in that game due to injury or any other reason. The timestamp on the Player’s profile next to the news item will serve as the official time posted.
• User holds the Player’s shares through the conclusion of the event.
• Refund amount is calculated as (Player IPO Price – $1) * (# Shares)
• Any shares sold during LIVE will not be refunded.
• Refunds to be issued within 72 hours of the conclusion of the event.
If there are any unforeseen changes, or a special situation arises that Jock MKT decides is not adequately covered by the NBA Late Scratch Policy, Jock MKT will decide the fairest and most appropriate course of action.
Jock MKT can provide the best experience for users when there is ample trading liquidity for in-game trading. In order to provide this liquidity, Jock MKT may enter market-making bots (“jockbots”) into events.
Jockbots are designed to:
Jockbots are ineligible to win prizes in paid entry contests.
In cash markets, bots are designed to perform at negative to breakeven trading margins, inclusive of fees. They have no strategy other than to make sure there are fairly valued offers available on all eligible player stocks.
For additional questions please contact firstname.lastname@example.org.
Any contest designated as “Beginner Events” will be limited to users who have entered 50 or fewer events. For more information on how to play, please review the materials on this website or in the mobile application.
Highly experienced users will be denoted with a star badge next to their user name. A user is considered highly experienced if they have generated more than $5,000 in net payouts (prizes paid less entry fees) in the previous 12 months.
If you have questions or concerns about your gaming behavior, or that of a friend or family member, please refer to the National Council on Problem Gambling website at http://www.ncpgambling.org or call their national helpline at 1-800-522-4700.
For more information on compulsive behavior, please refer to Psychology Today resource on identification and treatment.
Participation in Jock MKT events is intended to be a positive experience for the users. If, at any point, you feel like you need a break from Jock MKT, you can exclude yourself from Jock MKT events for a specified amount of time, up to, and including, indefinitely. Simply send an email to email@example.com with the subject line “SELF EXCLUSION”. In the body of the email include username and the exclusion period.
Jock MKT will keep the members of the self-exclusion list private, except in the case to share with other operators for the sole purpose of creating a joint voluntary restriction program.
Bid Ventures may provide and/or allow you to obtain virtual currency (“Virtual Currency”) for use on the Website or Services, including, without limitation, Events. You acknowledge that Virtual Currency have no real world value and cannot be redeemed (from us or any other party) for real money, goods or other items of monetary value. You agree that you will only obtain Virtual Currency from us and not from any third party.
You acknowledge that you do not in fact “own” the Virtual Currency. By acquiring Virtual Currency, you acknowledge that you have obtained a limited and revocable license to a digital product for use only in the Website, including, without limitation, the Events. This license is personal to the owner of the account participating in such Events, and Virtual Currency may not be sold, transferred, assigned, gifted, traded or sublicensed (including for monetary exchange or for any other value). Account holders may not combine, transfer or share Virtual Currency with other account holders.
Any attempt to transfer, sell or perform any action related to your use of Virtual Currency in violation of these Terms may subject the account holder to termination of his or her account, a lifetime ban from using the Website or Services, and/or legal action. We reserve the right to take any other action or additional action we deem appropriate in our sole discretion in the event we believe (in our sole discretion) that an account holder has violated these provisions.
GAMES OF SKILL
Events offered on the Website are games of skill. Winners are determined by the objective criteria described in the applicable Official Rules, scoring using traditional fantasy scoring metrics, and any other applicable regulations associated with the Event. All winning outcomes are predominantly determined by the use of relevant skill and knowledge by entrants. The Website, Services, or Events may not be used for any form of illicit gambling.
You acknowledge that your participation in Events is not subject to federal or state securities laws. For the avoidance of doubt, you acknowledge that your use of the Website, Services, or participation in any Events offered by the Website does include participation in: (i) securities-based transactions, (ii) unauthorized security-based swaps, (iii) investment contracts, or (iv) commodities. You acknowledge that participation in an Event does not qualify as “common trading,” and that any virtual items, including, without limitation, Virtual Currency, provided for participation in an Event, cannot be publicly traded and has no real world value or other value outside the framework of such Event.
STATISTICS AND LIVE SCORING
To the extent that Bid Ventures offers ‘live’ scoring during gameplay, all ‘live’ scoring and other information provided through the Website are unofficial. While Bid Ventures and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither Bid Ventures nor its third party providers warrant or make any representations of any kind with respect to the information provided through the Services and related information sources. Bid Ventures and its third party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Website and related information sources, and shall not be responsible or liable for any error or omissions in that information.
Guaranteed prizes will only be awarded if an Event is completed. Bid Ventures reserves the right to cancel an Event at any time, including, without limitation, in the event virus, bugs, unauthorized human intervention, or other causes corrupt the administration, security, fairness, integrity or proper operation of the Event. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms.
Each Event is governed by its own set of Official Rules. Bid Ventures encourages you to read such Official Rules prior to entry. Event prizes are listed in our preset prize table that is published and/or made known to each user prior to entry in an Event. Prizes won are added to the winning participants account balance. In the event of a tie, prizes may be divided evenly amongst the participants that have tied.
Unless otherwise notified, prizes will be distributed within twenty-four (24) hours.
PAYMENT AND WITHDRAWAL OF PRIZES
Before making any payment of a prize, Bid Ventures may require that an entrant complete and execute an affidavit of eligibility requiring the entrant to represent and warrant that the entrant is eligible to participate in an Event, is otherwise in compliance with these Terms and Official Rules and providing documentation or proof of eligibility and compliance. If Bid Ventures requests that an entrant completes and executes such an affidavit and the entrant fails to do so within ten (10) days, or Bid Ventures otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, Bid Ventures reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account.
You must follow the necessary procedures in order to request a withdrawal from your account, and you may request a withdrawal of any amount up to the full balance of your account. We may freeze your account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected violation of these Terms, verification of eligibility, or to comply with applicable law. If there is no pending investigation, withdrawals will process within five (5) days.
You must have a balance of $20 or more in your account to request a withdrawal.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that any legal authority challenges the awarding of any prizes to winners of an Event, Bid Ventures reserves the right in its sole discretion to determine whether or not to award such prizes.
No substitution or transfer of prizes is permitted. Bid Ventures reserves the right to substitute a prize of equal value or greater if the advertised prize is unavailable. All prizes are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
SEGREGATED PLAYER FUNDS
Player deposits and winnings after are held in a separate, segregated bank account (the “Segregated Account”) held by Jock Holdings LLC, a legally separate and independent subsidiary of Bid Ventures. The funds in the Segregated Account are the property of Jock Holdings, do not belong to Bid Ventures, and are not available to creditors of Bid Ventures, except for players whose funds are held in such account. Bid Ventures and Jock Holdings are prohibited from comingling funds respectively held by Bid Ventures and Jock Holdings in the Segregated Account.
THIRD PARTY WEBSITES
From time to time, Bid Ventures may provide links and/or be linked to third party websites (“Third Party Websites”), including, without limitation, those pertaining to goods, products, and/or other services believed beneficial to you. Bid Ventures is not responsible, nor does it have any control, over the information, content, accuracy, products, services, or other materials that may or may not be provided by or through Third Party Websites. Linking to, or being linked from, Third Party Websites does not constitute, nor should it be construed to imply, Bid Ventures’ approval or endorsement of such Third Party Website. You acknowledge that Bid Ventures shall not be held responsible for the materials and content on any Third Party Websites. Any reliance on or use of the materials or content found on or by way of Third Party Websites is done solely at your own risk.
In addition to any other legal or equitable remedy, Bid Ventures reserves the right to immediately revoke any or all of your rights granted hereunder, without prior notice, in the event of your violation of these Terms. Bid Ventures may revoke any password(s) and/or account identification and deny you access to and use of the Website and Services. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of these Terms , which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BID VENTURES MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEBSITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE WEBSITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEBSITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS; (E) ANY SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. BID VENTURES DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE WEBSITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR THE SERVICES. FURTHER, BID VENTURES DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
BID VENTURES, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT BID VENTURES LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL BID VENTURES, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES “), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) YOUR USE OF, OR INABILITY TO USE, THE WEBSITE; (2) PERFORMANCE OF THE WEBSITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. 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.
IN NO EVENT SHALL THE COMPANY ENTITIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY ENTITIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOADED INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO. BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
INTELLECTUAL PROPERTY RIGHTS
The Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to Bid Ventures, subject to copyright and other intellectual property rights. Content on the Website is provided “AS IS” and for your information and personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Bid Ventures reserves all rights not expressly granted in and to the Website and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property.
JOCK MKT AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF BID VENTURES IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE WEBSITE.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. YOU AGREE THAT IF WE CANNOT RESOLVE A DISPUTE, ALL DISPUTES ARISING UNDER THESE TERMS SHALL BE SETTLED IN BINDING ARBITRATION. YOU ALSO AGREE THAT ENTERING INTO THIS AGREEMENT CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY AND PARTICIPATION IN A CLASS ACTION LAWSUIT.
Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website or Services (each a “Claim”) shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures. In agreeing to arbitrate all Claims, the Parties waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Suffolk County, Massachusetts. The arbitrator may award any relief that a court of competent jurisdiction could award, and the arbitration decision may be enforced in any court of competent jurisdiction. You agree to abide by all decisions and awards rendered in such a proceeding, which shall be final and conclusive. At your request, hearings may be conducted in person or by telephone. The prevailing party in any action or proceeding shall be entitled to reasonable costs and attorneys’ fees. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the state of Massachusetts, provided that:
The arbitrator shall not have authority to award punitive damages; and
Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
Notwithstanding the foregoing arbitration provisions, in no event shall Bid Ventures be precluded or delayed from seeking and obtaining temporary, preliminary and/or permanent injunctive relief, without the posting of any bond or proving of actual damages, against infringement or other violation of its claimed Intellectual Property rights in the Forum as provided below.
For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Suffolk County (the “Forum”), and the Parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) the Parties waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the Parties have herein agreed.
These Terms shall be governed by the laws of the state of Massachusetts, without respect to its conflict of laws principles.
Nothing in these Terms shall create or confer any rights or other benefits in favor of any third parties except as specifically provided herein.
Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between the Parties.
Unless otherwise stated, no professional or amateur sports league or any team associated with any professional or amateur sports league is associated with Bid Ventures or in any way affiliated or associated with the Events offered through the Website.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Bid Ventures’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
The failure of Bid Ventures to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations), power failure, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely, or other event beyond Bid Ventures’ reasonable control will not be considered a breach of these Terms.
These Terms shall be binding on your successors, heirs, personal representatives, and permitted assigns. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent, which may be withheld in our sole discretion. We may assign rights or delegate duties under these Terms to an affiliate or subsidiary in our sole discretion.
These Terms constitute the entire agreement among the Parties with respect to the subject matter described herein and shall supersede all prior agreements and understandings, written or oral, among the Parties.
If you have any questions or concerns regarding these Terms, Website, or Services, please contact us at firstname.lastname@example.org.