Terms and Conditions
Terms of Use (Last modified June 26th, 2023)
1. Introduction, Acceptance, Definitions, and Modifications
Welcome to sportsboom.com! We hope you will enjoy visiting and using our website located at https://www.sportsboom.com which includes all subdomains and sub-pages, present and future (the “Website”). We are glad that you have chosen to visit our Website to get all the latest news and events coverage for sports globally.
By visiting and using the Website (including but not limited to creating an account on the Website), you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website. The TOU are a legal and binding agreement between you and us.
The Website is owned and operated by Zealium Media Ltd, d.b.a. SPORTSBOOM.COM, a company incorporated in England and Wales with registered number 13944814 and our registered address is 85 Great Portland Street, First Floor, London, England, W1W 7LT. The Registered VAT number is GB430465027. Where the present TOU refer to “Sportsboom.,com” they may refer to Zealium Media Ltd. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Sportsboom.com and / or its Representatives. In these TOU, a Website visitor or account holder may be referred to as “you” or “your”. When an account holder is logged in to the Website, he, she or they may be referred to as a “Logged-in User”.
Sportsboom.com reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with Sportsboom.com, we will use commercially reasonable efforts to notify you by posting a prominent notice on the Website, or if you have an account, by email to the email address associated with your account.
Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy. Both the TOU and the Privacy Policy govern your use of the Website.
2. Contacting Us
If you have any questions about the TOU, please contact:
contact@Sportsboom.com
If you have any questions regarding the Website or your account, please contact
contact@Sportsboom.com
3. Sportsboom.com – Home of sports
The Website provides Website visitors with the latest news and opinions on sports.
4. General Code of Conduct for Use of the Website
By visiting and using the Website, you agree to:
(i) Not use the Website in any manner that in any way violates these TOU or any other applicable policy posted on the Website by Sportsboom.com
(ii) Not use the Website in any manner that violates any intellectual property rights of Sportsboom.com or any third party;
(iii) Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
(iv) Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Sportsboom.com or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether personal data or not) of Sportsboom.com, other Website visitors or account holders, or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by SPORTSBOOM.COM in its sole discretion) an unreasonable or disproportionately large load on SPORTSBOOM.COM’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on or via the Website; (3) bypass any measures SPORTSBOOM.COM may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
(vi) Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Website;
(vii) Not use the Website to in any way collect information (whether personal information or not) of any third party or in violation of our Privacy Policy;
(viii) Not use the Website to advertise or promote products or services that are not expressly approved in advance in writing by SPORTSBOOM.COM, or as permitted by these TOU;
(ix) Not interfere with any third party’s use or enjoyment of the Website;
(x) Not take any action that would be in breach of third party terms.
(xi) Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
(xii) Not attempt to do any of the foregoing prohibitions;
(xiii) Use the Website in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
5. Proprietary Rights and User Content Rights
a. Intellectual Property Rights You acknowledge that: (a) the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) SPORTSBOOM.COM, its Representatives and/or third parties (via license) own all right, title and interest in and to the Website and content that may be presented or accessed through the Website (except for User Content as defined below), including, without limitation, all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to SPORTSBOOM.COM and its licensors. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.
You agree that you will not, and will not allow any third party, to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Website, or content that may be presented or accessed through the Website for any purpose, unless otherwise permitted by these TOU or the functionalities of the Website; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Website; or (iii) remove, obscure, or alter SPORTSBOOM.COM’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website.
The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code
are proprietary to SPORTSBOOM.COM, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of SPORTSBOOM.COM, or as permitted by the functionality of the Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Website , Computer Code, images, logos, videos, audio or trademarks found on the Website or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and SPORTSBOOM.COM may take action accordingly.
The above paragraph further applies to third party property used as part of the Website, including but not limited to third party Computer Code. For the purposes of the present section, "Computer Code" includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.
b. Submitted Information If you choose to communicate to SPORTSBOOM.COM (via any means) suggestions for improvements to the Website or any idea or proposal related to SPORTSBOOM.COM or its businesses or properties (collectively, “Feedback”), SPORTSBOOM.COM shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to SPORTSBOOM.COM and waive in favor of SPORTSBOOM.COM, its successors and assigns all your moral rights in the Feedback; and agree to provide SPORTSBOOM.COM such assistance as SPORTSBOOM.COM may require to document, perfect, and maintain SPORTSBOOM.COM’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to SPORTSBOOM.COM, you are not entitled to any compensation or reimbursement of any kind from SPORTSBOOM.COM under any circumstances.
6. External Links
From time to time SPORTSBOOM.COM may provide links to other websites or services. Links from the Website may take you to websites or services not covered by these TOU. When you access third party resources on the internet in this manner, you do so at your own risk. SPORTSBOOM.COM provides those links as a convenience to you and SPORTSBOOM.COM takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. SPORTSBOOM.COM does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.
In no way will SPORTSBOOM.COM be held responsible for any damages, direct or indirect, pecuniary or nonpecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
7. Interruption of Service
From time to time, the Website (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, SPORTSBOOM.COM and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.
8. Termination of the Website and the TOU
You agree that SPORTSBOOM.COM, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, if SPORTSBOOM.COM believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.
SPORTSBOOM.COM may also, in its sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that SPORTSBOOM.COM and its Representatives shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from SPORTSBOOM.COM’s termination of the Website or any part thereof.
Termination of the Website or your access to the Website shall terminate the present TOU as between you and SPORTSBOOM.COM. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by SPORTSBOOM.COM or third parties) or any activity arising from your use of the Website or the information thereon or the materials downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from your use of the Website, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Website, the information thereon or any materials downloaded therefrom.
The information or resources provided through the Website, written or produced by SPORTSBOOM.COM staff, freelance writers or other subcontractors hired by SPORTSBOOM.COM are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. SPORTSBOOM.COM and its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or the information thereon, or your reliance on such information whether the information is correct or not.
SPORTSBOOM.COM expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. SPORTSBOOM.COM, its affiliates and their respective Representatives, do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by SPORTSBOOM.COM or third parties) available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website or any content downloaded will meet your requirements.
Some of the content displayed on the Website may include elements that belong to or are provided by third parties. You acknowledge that SPORTSBOOM.COM assumes no responsibility for such content.
To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Website, or any other website to which we link, and all operations on this Website are warranted only to the minimum amount legally required.
10. Limitation of Liability
To the maximum extent permitted by law, SPORTSBOOM.COM shall not be liable and assumes no responsibility for any loss or damages whether pecuniary or otherwise arising from or relating to the information available through the Website or downloaded therefrom, the use of the Website, activities arising from your use of the Website, or any third-party materials on the Website or available through the Website.
To the maximum extent permitted by law, in no event will SPORTSBOOM.COM or its Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or your use, misuse or inability to use the Website, even if SPORTSBOOM.COM has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory. In the event that SPORTSBOOM.COM is found liable to pay you any damages in connection with the Website and these TOU, SPORTSBOOM.COM’s total cumulative liability to you shall not exceed $100.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
11. Indemnity
Notwithstanding any other term of the TOU or any act or failure to act by SPORTSBOOM.COM or its Representatives, you agree to indemnify, defend and hold harmless SPORTSBOOM.COM and its Representatives where applicable, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of: (i) your use of or connection to the Website, the information thereon, the information downloaded therefrom; (ii) your participation in any activities arising from the Website the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.
12. Governing Law and Applicable Jurisdiction
If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. 44. If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
14. Miscellaneous Provisions
(i) The TOU, in conjunction with the Privacy Policy, constitutes the entire agreement between you and SPORTSBOOM.COM with respect to your use of the Website, superseding any prior agreements between you and SPORTSBOOM.COM.
(ii) SPORTSBOOM.COM shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Sportsboom.com’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
(iii) If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, you and SPORTSBOOM.COM nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
(iv) The failure of SPORTSBOOM.COM to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to SPORTSBOOM.COM.
(v) The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
(vi) The parties acknowledge having expressly required that these TOU and the Privacy Policy are to be drawn up in the English language.
© Zealium Media Ltd, 2023
Terms of Use (Last modified June 26th, 2023)
1. Introduction, Acceptance, Definitions, and Modifications
Welcome to sportsboom.com! We hope you will enjoy visiting and using our website located at https://www.sportsboom.com which includes all subdomains and sub-pages, present and future (the “Website”). We are glad that you have chosen to visit our Website to get all the latest news and events coverage for sports globally.
By visiting and using the Website (including but not limited to creating an account on the Website), you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website. The TOU are a legal and binding agreement between you and us.
The Website is owned and operated by Zealium Media Ltd, d.b.a. SPORTSBOOM.COM, a company incorporated in England and Wales with registered number 13944814 and our registered address is 85 Great Portland Street, First Floor, London, England, W1W 7LT. The Registered VAT number is GB430465027. Where the present TOU refer to “Sportsboom.,com” they may refer to Zealium Media Ltd. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Sportsboom.com and / or its Representatives. In these TOU, a Website visitor or account holder may be referred to as “you” or “your”. When an account holder is logged in to the Website, he, she or they may be referred to as a “Logged-in User”.
Sportsboom.com reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with Sportsboom.com, we will use commercially reasonable efforts to notify you by posting a prominent notice on the Website, or if you have an account, by email to the email address associated with your account.
Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy. Both the TOU and the Privacy Policy govern your use of the Website.
2. Contacting Us
If you have any questions about the TOU, please contact:
contact@Sportsboom.com
If you have any questions regarding the Website or your account, please contact
contact@Sportsboom.com
3. Sportsboom.com – Home of sports
The Website provides Website visitors with the latest news and opinions on sports.
4. General Code of Conduct for Use of the Website
By visiting and using the Website, you agree to:
(i) Not use the Website in any manner that in any way violates these TOU or any other applicable policy posted on the Website by Sportsboom.com
(ii) Not use the Website in any manner that violates any intellectual property rights of Sportsboom.com or any third party;
(iii) Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
(iv) Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Sportsboom.com or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether personal data or not) of Sportsboom.com, other Website visitors or account holders, or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by SPORTSBOOM.COM in its sole discretion) an unreasonable or disproportionately large load on SPORTSBOOM.COM’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on or via the Website; (3) bypass any measures SPORTSBOOM.COM may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
(vi) Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Website;
(vii) Not use the Website to in any way collect information (whether personal information or not) of any third party or in violation of our Privacy Policy;
(viii) Not use the Website to advertise or promote products or services that are not expressly approved in advance in writing by SPORTSBOOM.COM, or as permitted by these TOU;
(ix) Not interfere with any third party’s use or enjoyment of the Website;
(x) Not take any action that would be in breach of third party terms.
(xi) Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
(xii) Not attempt to do any of the foregoing prohibitions;
(xiii) Use the Website in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
5. Proprietary Rights and User Content Rights
a. Intellectual Property Rights You acknowledge that: (a) the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) SPORTSBOOM.COM, its Representatives and/or third parties (via license) own all right, title and interest in and to the Website and content that may be presented or accessed through the Website (except for User Content as defined below), including, without limitation, all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to SPORTSBOOM.COM and its licensors. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.
You agree that you will not, and will not allow any third party, to: (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Website, or content that may be presented or accessed through the Website for any purpose, unless otherwise permitted by these TOU or the functionalities of the Website; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Website; or (iii) remove, obscure, or alter SPORTSBOOM.COM’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website.
The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code
are proprietary to SPORTSBOOM.COM, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of SPORTSBOOM.COM, or as permitted by the functionality of the Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Website , Computer Code, images, logos, videos, audio or trademarks found on the Website or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and SPORTSBOOM.COM may take action accordingly.
The above paragraph further applies to third party property used as part of the Website, including but not limited to third party Computer Code. For the purposes of the present section, "Computer Code" includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.
b. Submitted Information If you choose to communicate to SPORTSBOOM.COM (via any means) suggestions for improvements to the Website or any idea or proposal related to SPORTSBOOM.COM or its businesses or properties (collectively, “Feedback”), SPORTSBOOM.COM shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to SPORTSBOOM.COM and waive in favor of SPORTSBOOM.COM, its successors and assigns all your moral rights in the Feedback; and agree to provide SPORTSBOOM.COM such assistance as SPORTSBOOM.COM may require to document, perfect, and maintain SPORTSBOOM.COM’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to SPORTSBOOM.COM, you are not entitled to any compensation or reimbursement of any kind from SPORTSBOOM.COM under any circumstances.
6. External Links
From time to time SPORTSBOOM.COM may provide links to other websites or services. Links from the Website may take you to websites or services not covered by these TOU. When you access third party resources on the internet in this manner, you do so at your own risk. SPORTSBOOM.COM provides those links as a convenience to you and SPORTSBOOM.COM takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. SPORTSBOOM.COM does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.
In no way will SPORTSBOOM.COM be held responsible for any damages, direct or indirect, pecuniary or nonpecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
7. Interruption of Service
From time to time, the Website (or any portion thereof) may be unavailable for brief periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, SPORTSBOOM.COM and its Representatives shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.
8. Termination of the Website and the TOU
You agree that SPORTSBOOM.COM, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, if SPORTSBOOM.COM believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.
SPORTSBOOM.COM may also, in its sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that SPORTSBOOM.COM and its Representatives shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from SPORTSBOOM.COM’s termination of the Website or any part thereof.
Termination of the Website or your access to the Website shall terminate the present TOU as between you and SPORTSBOOM.COM. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by SPORTSBOOM.COM or third parties) or any activity arising from your use of the Website or the information thereon or the materials downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from your use of the Website, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Website, the information thereon or any materials downloaded therefrom.
The information or resources provided through the Website, written or produced by SPORTSBOOM.COM staff, freelance writers or other subcontractors hired by SPORTSBOOM.COM are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. SPORTSBOOM.COM and its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or the information thereon, or your reliance on such information whether the information is correct or not.
SPORTSBOOM.COM expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. SPORTSBOOM.COM, its affiliates and their respective Representatives, do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by SPORTSBOOM.COM or third parties) available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website or any content downloaded will meet your requirements.
Some of the content displayed on the Website may include elements that belong to or are provided by third parties. You acknowledge that SPORTSBOOM.COM assumes no responsibility for such content.
To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Website, or any other website to which we link, and all operations on this Website are warranted only to the minimum amount legally required.
10. Limitation of Liability
To the maximum extent permitted by law, SPORTSBOOM.COM shall not be liable and assumes no responsibility for any loss or damages whether pecuniary or otherwise arising from or relating to the information available through the Website or downloaded therefrom, the use of the Website, activities arising from your use of the Website, or any third-party materials on the Website or available through the Website.
To the maximum extent permitted by law, in no event will SPORTSBOOM.COM or its Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or your use, misuse or inability to use the Website, even if SPORTSBOOM.COM has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory. In the event that SPORTSBOOM.COM is found liable to pay you any damages in connection with the Website and these TOU, SPORTSBOOM.COM’s total cumulative liability to you shall not exceed $100.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
11. Indemnity
Notwithstanding any other term of the TOU or any act or failure to act by SPORTSBOOM.COM or its Representatives, you agree to indemnify, defend and hold harmless SPORTSBOOM.COM and its Representatives where applicable, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of: (i) your use of or connection to the Website, the information thereon, the information downloaded therefrom; (ii) your participation in any activities arising from the Website the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.
12. Governing Law and Applicable Jurisdiction
If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. 44. If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
14. Miscellaneous Provisions
(i) The TOU, in conjunction with the Privacy Policy, constitutes the entire agreement between you and SPORTSBOOM.COM with respect to your use of the Website, superseding any prior agreements between you and SPORTSBOOM.COM.
(ii) SPORTSBOOM.COM shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Sportsboom.com’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
(iii) If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, you and SPORTSBOOM.COM nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
(iv) The failure of SPORTSBOOM.COM to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to SPORTSBOOM.COM.
(v) The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
(vi) The parties acknowledge having expressly required that these TOU and the Privacy Policy are to be drawn up in the English language.
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