IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS OF USE GOVERN YOUR USE OF THE WEB SITE. YOU AGREE TO THESE TERMS OF USE BY ACCESSING OR USING THE WEB SITE, REGISTERING FOR SERVICES OFFERED ON THE WEB SITE, OR BY ACCEPTING, UPLOADING, SUBMITTING OR DOWNLOADING ANY INFORMATION OR CONTENT FROM OR TO THE WEB SITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE DO NOT USE THE WEB SITE.
Eligibility. You are subject to the laws of the country, state, city or other legal entity (collectively "Jurisdiction") in which you reside and/or from which you access the Website or Service (“Service”). Access to the Service may not be legal for some or all residents of, or persons present in, certain Jurisdictions. It is your responsibility to determine the law that applies in the applicable Jurisdiction. Rai$it Group, LLC (“Us” or “We” or “the Company” or “Rai$it Group”) makes no representation or warranty, express or implied, as to the lawfulness of your participation in the Service or that materials on this Service are appropriate for use in your Jurisdiction. The Company does not intend that the Service be used by persons present in Jurisdictions in which the playing of games for free or entering games and contests with prizes may be prohibited or restricted. You agree that the Service does not constitute an offer, solicitation or invitation by the Company for the use of any service in any Jurisdiction in which such activities are prohibited or restricted. You agree that, and the Company asserts that, the Company shall not have any responsibility under any laws in any Jurisdiction, other than the Commonwealth of Pennsylvania in the United States. The Company further reserves the right to require you to provide proof that you are eligible to participate in the Service, and reserves the right, in its sole and absolute discretion, to refuse service and access to any person. The Company advises you that parental control protections are commercially available and may assist you in limiting access to material that is harmful to those under eighteen (18) years of age, or the legal age to participate in tournaments, games and contests in the applicable Jurisdiction, whichever is higher.
Acceptance of Terms of Use. Your use of the Web Site or Service (“Service”) is subject to these Terms of Use, which may be updated by us from time to time without notice to you. It is important for you to refer to these Terms of Use from time to time to make sure that you are aware of any additions, revisions, or modifications that We may have made to these Terms of Use. Your use of the Service constitutes your acceptance of these Terms of Use and any amendments thereto.
Permissible Uses. THE SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY AND MAY NOT BE USED IN CONNECTION WITH ANY FORM OF GAMBLING OR WAGERING.
You agree not use the Service to upoad, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortious, disparaging (including disparaging of Rai$it Group or its members), abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in the Company’s sole discretion; (ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the Service, interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service; (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Service, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Service; or (v) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," requests for money, petitions for signature, or any other form of solicitation; Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity; Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user; Use or attempt to use another's information, account, password, service or system except as expressly permitted; Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.
YOU REPRESENT, WARRANT AND AGREE THAT YOU WILL STRICTLY AND FULLY COMPLY WITH THE ABOVE PERMISSIBLE USE POLICY.
Information You Submit. From time to time, the Service may contain functionality through which you can upload or otherwise submit information, data, software, messages, photographs, audio, video, text and other materials to the Web Sites ("Your Upload Information"). For example, the Service may offer forums, bulletin boards, wiki, chat rooms or other interactive areas ("User Forums"). The Company does not endorse the content posted in User Forums. The Company reserves the right, but is not obligated, to delete, move or edit Your Upload Information, in whole or in part, submitted by you to a User Forum for any reason in its sole discretion. We further reserve the right to suspend or terminate your access to the Service and pursue all legal remedies if We believe your Upload Information infringes another's copyright or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your Upload Information.
All of Your Upload Information is your sole responsibility. This means that you, and not the Company, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Service. If you post personal information in User Forums or on other publicly available areas of the Service then you may receive unsolicited messages from third parties. We cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will We be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information. You represent that Your Upload Information is an original work by you or you have all necessary rights in it and to submit it to Us under these Terms of Use, that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of the Terms of Use.
Except as otherwise described in the posted privacy policy or other agreement on the Service which you provide Your Upload Information, Your Upload Information will be treated as non-confidential and non-proprietary and We will not be liable for any use or disclosure to anyone, including, but not limited to, claimed intellectual property owners. When you upload Your Upload Information via the Service, you irrevocably grant to the Company a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in Your Upload Information, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in Your Upload Information. You further agree the Company as well as its directors, officers, members, agents, successors, assigns, employees, licensees and other representatives will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of Your Upload Information or portions of Your Upload Information, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such Uploaded Information. You hereby waive any moral rights you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that the Company is not obligated to use Your Upload Information submitted through the Service or otherwise, and may alternatively choose to discard, and limit or block access to Your Uploaded Information without any liability whatsoever.
You acknowledge that the Company undertakes no obligation to pre-screen Your Upload Information, but that it has the right, in its sole discretion to modify, transmit over various networks, refuse, move, block access to or remove any of Your Upload Information. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information.
Suspension and/or Termination of Your Account. We expressly reserve the right to immediately modify, suspend or terminate your Service account and refuse current or future use of the Service, if the Company, in its sole and exclusive discretion, believes that you have acted inconsistently with the spirit or letter of the Terms of Use or otherwise improperly.
Representations and Warranties. You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the Service any materials which: (a) Restrict or inhibit any other user from using and enjoying the Service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact. You further represent, warrant and covenant that you will fully comply with the Terms of Use.
Disclaimer of Warranties. The Service, including, without limitation, all content, software, documents, functions, materials, graphics, and information made available on or accessed through the Service, is/are provided "As Is." To the fullest extent permissible by law, the Company makes no representation or warranties or endorsements of any kind whatsoever about: (a) the Service; (b) the content made available to you through the Service; (c) the materials, information and functions made accessible by the software used on or accessed through the Service; (d) the ability of the Service to work with any particular client application; and/or (e) any breach of security associated with the transmission of sensitive information through the Service. The Company does not warrant that the functions contained in the Service or any materials or content contained therein will be uninterrupted or error-free, that defects will be corrected, or that the Service or the servers that make the Service available are free of viruses or other harmful components.
The Company does not warrant that your activities or use of the service is lawful in any particular jurisdiction and, in any event, specifically disclaims such warranties. You understand that by using any of the features of the service, including, without limitation, the sports content, 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 service, including, without limitation, the sports content. Further, the Company, LLC disclaims any express or implied warranties including, without limitation, noninfringement, merchantability, fitness for a particular purpose, title and noninfringement. The Company shall not be liable for the use of the Service including, without limitation, the sports 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.
Disclaimers/Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF THE COMPANY (COLLECTIVELY, THE "COMPANY AND INDIVIDUALS") 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) THE SERVICE, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SERVICE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SERVICE OR CONTENT;(4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE SERVICE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE COMPANY AND INDIVIDUALS 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 AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
THE COMPANY AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, MODEM, CELL PHONE, HARDWARE, 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 SERVICE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE OR THE CONTENT.
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 WEB SITE, PROPERTY, PRODUCT, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE COMPANY OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SERVICE PROVIDED BY THE COMPANY.
BY ACCESSING THE SERVICE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE SAME TO THE FULLEST PERMISSIBLE EXTENT.
Indemnity. You agree to defend, indemnify and hold harmless the Company and Individuals with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these Terms of Use including, without limitation: (a) your use of the Service; (b) your violation of these Terms of Use or any law, rule or regulation; (c) your use of the Content on the Service; or (d) any of Your Upload Information. You will cooperate as fully and reasonably as required by the Company in the defense of any claim. Notwithstanding the foregoing, We retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against the Company herein under the terms and provisions of this Section and in no event shall you settle any such claim without the Company's prior written approval.
Promotions. The Service may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest or promotion.
Third Party Content and Information. The Service contains Content that is provided for your convenience and enjoyment. Third parties may provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Web Sites or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. Third party advertisers may offer goods, services and other materials to you via the Service. Your correspondence and business dealings with others found on or through the Service including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that the Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Service. Descriptions of, or references to, products, services or publications within the Service do not imply endorsement of that product, service or publication by the Company or Us.
Miscellaneous. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Service and its Content, including, without limitation, those governing your transmission or use of any software or data. These Terms of Use and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Service, the Content and Your Upload Information and supersedes any and all other prior written or oral agreements. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect. You agree that these Terms of Use will not be construed against The Company by virtue of having drafted these Terms of Use. If any provision of these Terms of Use shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms of Use. No waiver on the part of the Company of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of the Company.
Time Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or use of the Service must be filed within one (1) year after such claim or cause of action arises or be forever barred.
Choice of Law and Forum. These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms shall be the Court of Common Pleas, Montgomery County, Pennsylvania, and consent to jurisdiction therein.
