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Please read the following terms of use carefully before using the Betgraphs website
(the "Site"). This is a legal document governing your use of the Site.
SECTION I: GENERAL
Betgraphs and its affiliated Content providers offer delayed and real-time betting
market information, including but not limited to odds for sporting events, as well
as analysis of that information using Betgraphs's proprietary processes. All use
of the Site, including, but not limited to, Betgraphs's website or those of affiliated
Content providers (whether or not linked to or from the Site), is conditioned upon
the acceptance, without modification, of the terms, conditions and notices contained
in these terms of use. By accessing the Site or the website of affiliated Content
providers, you agree to these terms. Betgraphs reserves the right, in its discretion,
to change all or any part of these terms of use at any time, effective upon notice
published on the Site. Your continued use of the Site constitutes your binding acceptance
of these terms of use including any changes or modifications made by Betgraphs as
permitted above.
SECTION II: USE OF WEBSITE CONTENT
You may use the Site only for your personal, noncommercial use, except with the
prior written consent of Betgraphs. You acknowledge that the Site contains or provides
access to information, software, advertising and betting market information, including
but not limited to, design, text, graphics, audio, video clips, images, links, analysis
and research, other market data, and other material (collectively, the "Content")
that may be protected by copyright, trademark or other proprietary rights of Betgraphs
or third parties. All Content on the Site is copyrighted as a collective work of
Betgraphs pursuant to applicable copyright law. Unless otherwise indicated, the
product and service names used in connection with the Site are trademarks or registered
trademarks of Betgraphs. You acknowledge that the market data information provided
is property of the various exchanges and other information providers and therefore
subject to modifications from these sources and to all copyright and other interests
maintained by the sources. You agree to comply with any additional copyright notices,
information, or restrictions contained in any Content available on or accessed through
the Site. You may not modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, redistribute, store, perform, link, display,
or in any way manipulate any of the Content, in whole or in part, except as expressly
permitted in these terms of use or with the prior written consent of Betgraphs.
Content consisting of downloadable software may not be reverse engineered. You may
post on the Site any Content owned by you (such as your original statements) and
Content for which you have received express permission from the owner and Content
in the public domain. You assume all risk and responsibility for determining whether
the Content is in the public domain. You grant Betgraphs the right to edit, copy,
publish, distribute, translate and otherwise use in any medium any Content that
you place on the Site without remuneration to you. You represent and warrant that
you are authorized to grant all rights set forth in this paragraph. You may download
or copy the Content only for your own personal use, except as provided elsewhere
in these terms of use, provided that you retain on such materials all copyright
and other notices contained in such Content. The only exceptions to this paragraph
are (a) as expressly permitted by the copyright laws, (b) that you may use the Site
to facilitate providing your services to your clients, such as on a de minimis basis
targeted for specific clients, but, in doing so, you may not provide any service
bureau or other such services to third parties, and (c) with the express prior written
permission of Betgraphs or, if other than Betgraphs, the owners of such Content,
or their authorized agents.
SECTION III: RULES OF CONDUCT
You may not place or post on or through the Site any Content which (a) is libelous,
defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains
viruses, or other contaminating or destructive features, (c) violates the rights
of others, such as Content which infringes any copyright, trademark, patent, trade
secret or violates any right of privacy or publicity, or (d) otherwise violates
any applicable law. You may not post on the Site any links to any external websites
containing Content that is described in the preceding sentence. You shall not use
the Site for any commercial purpose except as expressly set forth above, to distribute
any advertising or solicitation of funds for goods or services or to solicit users
to participate in or use services that compete with the Site.
SECTION IV: NO ENDORSEMENT OF ACCURACY/RELIABILITY INCLUDING LINKS
Betgraphs does not guarantee or endorse the accuracy or reliability of any market
data or other information provided or displayed in connection with the Site and
is not responsible for the truth, accuracy, or completeness of the information conveyed
to you. Furthermore, Betgraphs is not responsible for errors, mistakes or omissions
in the Content, or for any delays or interruptions in the posting of the Content,
from whatever cause. Betgraphs advises that you always consult third parties to
verify the accuracy of odds before relying on any Content. The Site may contain
links to websites owned and operated by third parties. You acknowledge Betgraphs
is not responsible for the availability of or the Content located on or through
any websites owned and operated by third parties. You should contact the site administrator
or webmaster for those third party websites if you have any concerns regarding such
links or the Content located on such websites.
SECTION V: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Betgraphs, its founders, affiliates,
successors, assigns and their respective officers, managers, directors, owners,
agents, information providers and licensors from and against any and all claims,
liability, losses, costs and expenses (including reasonable attorneys' fees) incurred
by Betgraphs, its founders, affiliates, successors, assigns, service providers,
licensors and their respective officers, managers, directors, owners or agents in
connection with any use or alleged use of the Site under your account (if applicable)
by any person, whether or not authorized by you, as any claims brought by any employee,
agent, contractor, customer or client of yours relating to the Site or the Content.
Betgraphs reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, and in such
case, you agree to cooperate with Betgraphs's defense of such claim.
SECTION VI: TERMINATION
Betgraphs reserves the right in its sole discretion, to restrict, suspend or terminate
your access to all or any part of the Site at any time for any reason without prior
notice or liability. Betgraphs may change, suspend, or discontinue all or any aspect
of the Site at any time, including the availability of any Content, feature, database
or link without prior written notice or liability. All provisions of these terms
of use, except for any license granted to you, survive any suspension or termination
of access to all or any part of the Site.
SECTION VII: DISCLAIMER OF WARRANTIES
NEITHER BETGRAPHS NOR ANY PROVIDER OF THIRD PARTY CONTENT WARRANTS THAT THE SITE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES BETGRAPHS OR ANY THIRD PARTY CONTENT
PROVIDER MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE
OR THE CONTENT. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. NONE OF BETGRAPHS AND THIRD PARTY CONTENT PROVIDERS MAKE ANY WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE,
WITH RESPECT TO THE SITE, ANY SOFTWARE OR OTHER CONTENT OR ANY PRODUCTS OR SERVICES
MADE AVAILABLE THROUGH THE SITE. NEITHER BETGRAPHS NOR ANY THIRD PARTY CONTENT PROVIDER
WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE
OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE
THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY
OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER BETGRAPHS NOR ANY
THIRD PARTY CONTENT PROVIDER SHALL BE LIABLE FOR ANY INCIDENTAL, EXEMPLARY, PUNITIVE,
DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, RELIANCE,
ACCESS OF OR INABILITY TO USE OR ACCESS THE SITE (INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS, LOSS OF OPPORTUNITY, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM
INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, INTERRUPTIONS OR LOSS OF THE USE
OF OR ACCESS TO THE CONTENT OR INFORMATION) FOR ANY REASON INCLUDING, BUT NOT LIMITED
TO, NEGLIGENT ACTS OR OMISSIONS BY BETGRAPHS OR ANY THIRD PARTY CONTENT PROVIDER.
SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF IMPLIED WARRANTIES NOR LIMITATION
OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN SUCH JURISDICTIONS,
THE LIABILITY OF BETGRAPHS AND THIRD PARTY CONTENT PROVIDERS SHALL BE LIMITED TO
THE GREATEST EXTENT PROVIDED BY LAW. NEITHER BETGRAPHS NOR ANY THIRD PARTY CONTENT
PROVIDER SHALL BE LIABLE FOR ANY INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS ARISING OUT OF OR DUE TO ANY ACT OF GOD,
POWER FAILURE, EQUIPMENT OR SOFTWARE MALFUNCTIONS EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
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