Last Revised: September 1, 2022
Ruling Sports understands that your privacy is important to you and that you care about how your Personal Information is used and shared online. We respect and value the privacy of everyone who visits this Website, and will only collect and use Personal Information in ways that are described here, and in a manner that is consistent with our obligations and your rights under the law.
- Registration on our Website
You must be the age of Majority or older (18 in most states of the United States; older in some jurisdictions) to create an account on the Website, if account creation becomes available. While individuals under the age of 18 (but not younger than 13) may use the Website, they must do so only with the consent and involvement of a parent or legal guardian, under such person’s account and otherwise subject to our Terms of Service. Ruling Sports does not seek through this Website to gather Personal Information from or about persons under the age of 13. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.
If we become aware that you are under the age of Majority and are attempting to or have submitted Personal Information via the Website, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.
- B. Introduction
- What information we collect about you and why;
- How we use information about you;
- How your information may be shared;
- How we store and process information about you;
- When and how we communicate with you;
- How long we may keep Personal Information about you;
- How you can opt-out from receiving communications from us;
- Cookies and our Analysis Tools;
- Information over the Internet and other Websites;
- Legal disclaimer; and
- How to contact us.
- What information we collect about you and why:
We may collect two types of information: Personal Information (“PI”) and information that is not personally identifiable (“Non-PI”). Please note that we do not sell your PI to anyone.
- What PI Do We Collect?
- When you sign up for our newsletter, we ask for information such as your email address. We also acquire your Internet protocol address and/or mobile device identification, which certain jurisdictions consider to be PI because it could be used to identify an individual or device if it were combined with other identifying information.
- We may capture user information when users send us questions or comments via e-mail. PI collected in this manner will only be used to contact the user and/or respond to the user’s inquiry/issue. Sending us an email will not enroll you on our email list unless you specifically request it.
- For purchases made through the Website, a third-party payment processor will collect your full name, email address, postal address, contact details and credit or debit card information (“Billing Information”). This record will be stored and processed in the United States and other countries (see further below under “How we use information about you” and “How we store and process information about you”). By making a purchase, you grant to Ruling Sports and to all other persons and entities involved in the operation of the Website (collectively, the “Third-Parties”), the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Website and as otherwise provided herein. You also agree that such access and use of your Personal Information is governed by the Third Parties’ privacy policies. Ruling Sports is not responsible or liable for the content, activities or privacy policies of any Third Parties or their sites. Accordingly, please refer to the Third-Parties’ respective privacy policies.
- Ruling Sports does not request on or through the Website other information that is often considered “highly sensitive,” such as other financial account information (e.g., credit report information, bank account numbers), personal health information, or government issued identification (e.g., your Social Security Number, drivers’ license, or passport), although we reserve the right to do so when such information is necessary to verify your Billing Information.
- Ruling Sports takes reasonable precautions to protect the confidentiality and security of your Personal Information by using industry recognized security safeguards such as site monitoring, secured networks and servers, firewalls and/or encryption. When you enter PI, we encrypt the transmission of that information or use SSL connections (Secure Socket Layer) technology. Your credit card information is always encrypted during transfer over networks. Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your Personal Information within industry standards, we cannot guarantee its absolute security.
- Ruling Sports may also obtain your Personal Information through your use of social media depending on your settings or the privacy policies of these websites. To change your settings on these services, please refer to their respective privacy notices.
- What Non-PI Do We Collect?
- Some of the information that we acquire cannot identify, distinguish or trace you or your device, even if combined with other identifying information, and some information that could be considered PI when combined with other identifying information is not used in a way that identifies, distinguishes or traces you or your device, but is instead used in an anonymous way, often aggregated with other anonymous information about other users.
- How we use information about you:
- We may use the PI we collect in the following ways:
- to provide users with news, events, personalized offers, promotions and other relevant information. Such direct marketing shall be sent in response to a request from a user to receive newsletters, marketing emails or similar communications, or when a user has expressed interest in such content or services;
- to contact users with updates and relevant information about our content, products and/or services because they have signed up to do so through our Website;
- to quickly process user requests for information and to allow us to respond efficiently to user questions;
- to monitor Website statistics;
- to respond to or satisfy legal requirements, such as a court order, a subpoena, or a law enforcement agency’s or other public agency’s request;
- to help prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Website, to help protect the security or integrity of our Website, or to enable us to take precautions against liability;
- to provide information to service providers or such companies who provide support for the operations of our Website and who do not use or disclose the information for any other purpose;
- to administer a contest or other promotion, survey or other features; and
- to allow us to disclose your information to the extent permitted by law.
- How your information may be shared:
Except as set forth below, we do not sell, trade, or otherwise transfer to third parties our users’ PI unless we receive their consent. That being said, in the following situations, we may share PI with outside parties:
- Affiliates and Sponsors. In connection with our content and advertisements, which you would only receive after opting-in, our Affiliates and/or Sponsors may collect PI.
- Subsidiaries, Website Consultants and Service Providers. We may disclose PI to our subsidiaries, third-party consultants and service providers (such as providers of hosting, support, maintenance, third-party payment processing agencies, and remedial and repair services) to the extent that they require access to our databases, or the information contained in our databases, to service us and the Website;
- Reorganization or Sale. In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized, the information you provide will be one of the transferred assets to the acquiring or reorganized entity;
- To Help Protect Minor Users of Our Website. In the event that the safety of our users is threatened, and we are able to do something about that by sharing PI with third-parties, we reserve the right to do so. This may be done to prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a child using our Website, to help protect the security or integrity of our Website, or to enable us to take precautions against liability;
- As Otherwise Allowed by Law. We may transfer PI to third-parties where we are expressly authorized by applicable law to do so;
- Aggregated Information. We may aggregate information that you provide with information provided by other individuals in such a manner that the information is not personally identifiable to you, and we may transfer that aggregated information to third-parties;
- We may make available services such as blogs, message boards, comments and chat functionality to which you are able to post information and materials. Please note that any information you disclose through such services or otherwise on the Website becomes public information, and may be available to visitors to the Website and to the general public. In addition, when you choose to make a posting on such services certain PI will be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose PI about you, or any other information, on the Website. WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD-PARTY OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY SUCH SERVICES OR OTHERWISE ON THE WEBSITE; and
- With your express consent.
- How we store and process information about you:
This Website is hosted in the United States. In order to communicate with you about content, the information that we collect from you may be transferred to, stored, used and processed by Ruling Sports in the United States or one of our service providers based in the United States or outside of the United States. Such entities may be engaged in, among other things: (i) preparing and sending newsletters to which you subscribe; (ii) the processing of payment details; and (iii) the provision of support services.
YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR PERSONAL INFORMATION WITH US, OR MAKE USE OF THIS WEBSITE.
TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.
- When and how we communicate with you:
You may unsubscribe from promotional emails and other commercial communications by following the instructions contained within the communication or emailing us at: firstname.lastname@example.org. Please note that due to marketing production schedules you may receive messages already in production.
- How long we will hold Personal Information about you:
We will hold PI about you on our systems for as long as is necessary for the relevant service, subject to any applicable laws and/or regulations. In the case that you wish to remove your PI from our list, once the PI is deleted, we will not use the PI about you other than for administrative purposes.
- How you can opt-out from receiving communications from us:
At any time you can add or remove your name from a Ruling Sports list by contacting us at email@example.com.
We will endeavor to comply with your request as soon as reasonably practicable. Please keep in mind that if you opt-out of receiving promotional messages from this Website, we will continue to send you transactional messages and important account-related information regarding this Website or content or services offered through this Website.
- Cookies and our Analysis Tools
- Information over the Internet and other Websites
The Internet is a global network and, therefore, there are times when information about you travels globally and may not always be completely secure. If you provide us with information over the Internet, this will be at your own risk. By using the Website, you agree and authorize us to process information in this way. However, please be assured that we use commercially reasonable procedures and security features to prevent unauthorized access to information about you.
- Legal disclaimer
We are not responsible nor will we be liable to you in any way for events beyond our direct control. Because of the complex and constantly changing nature of our technology and business, we cannot guarantee nor do we represent that our performance will be error free, and to the maximum extent permitted by law we will not be liable for any direct, indirect, incidental, consequential or punitive damages or other loss suffered by you and relating to the use or release of your PI.
YOUR CALIFORNIA PRIVACY RIGHTS
Shine the Light Law
California Consumer Privacy Act (the “CCPA”)
- How to contact us:
We welcome your questions, comments and concerns about privacy. Please contact us at firstname.lastname@example.org with any questions or comments you may have regarding the privacy of your information.
TERMS OF SERVICE
Last Revised: [Insert date site goes live]
The following Terms of Service (“Terms of Service” or “Terms”) apply to all users of RulingSports.com and its associated websites, subdomains, mobile versions, any associated applications and services (collectively, the “Website”), which are operated by Ruling Sports LLC (“Ruling Sports,” “we” or “us”).
The Terms for the Website represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”), and Ruling Sports regarding your use of the Website. Together, Users and Ruling Sports are each referred to herein individually as a “Party” or collectively as the “Parties.” When using the Website, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time on the Website (the “Guidelines”). All Guidelines are incorporated by reference into these Terms. These Terms apply to all users of the Website and our services, including without limitation users who are browsers, customers, vendors, merchants, and/ or contributors of content.
ARBITRATION NOTICE: These Terms contain provisions governing how claims that you and Ruling Sports have against each other are resolved, including any claims that arose or were asserted prior to the “Last Updated” date at the top of these Terms. In particular, it contains an arbitration agreement that will, with limited exceptions, require disputes between you and Ruling Sports to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement as described in these Terms: (1) you will be permitted to pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.
BEFORE USING THE WEBSITE, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING, BROWSING, USING AND/OR REGISTERING WITH THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE WEBSITE.
- Children. You must be the age of Majority or older (18 in most states of the United States; older in some jurisdictions) to create an account on the Website, if account creation becomes available. While individuals under the age of 18 (but not younger than 13) may use the Website, they must do so only with the consent and involvement of a parent or legal guardian, under such persons account and otherwise subject to these Terms. Ruling Sports does not seek through this Website to gather personal information from or about persons under the age of 13. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.
- Modification of the Terms. Ruling Sports reserves the right, at our discretion, to change, modify, add or remove portions of these Terms at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “Last Revised” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. Please check these Terms periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.
- Website Access, Linking. Ruling Sports grants you permission to use its Website as set forth in these Terms, provided that and for so long as (i) you use the Website solely for your personal, non-commercial use; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the Website in any medium without Ruling Sports’ prior written authorization; (iii) you do not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; (iv) you do not engage in any of the prohibited uses as described in these Terms; and (v) you otherwise fully comply with these Terms. The Website is controlled and offered by Ruling Sports from its facilities in the United States of America. Ruling Sports makes no representations that the Website is appropriate or available for use in other locations. If you are accessing or using the Website from other jurisdictions, you do so at your own risk, and you are responsible for compliance with local laws.
- Account Information. When any of the Website content or functions on the Website require you to register with us, or otherwise provide user information, you must complete the registration process by providing us with complete and accurate account information. You grant to us and to all other persons and entities involved in the operation of the Website the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Website and as otherwise provided herein. Our information collection and use policies with respect to the privacy of your account information are set forth in our privacy policies, which are incorporated into these Terms by reference for all purposes. You acknowledge, consent, and agree that Ruling Sports may access, preserve and disclose your account information and User Content if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to any claim that User Content violates the rights of third-parties; (d) provide certain customized features of the Website to you, if any; (e) respond if you contact Ruling Sports for any reason; or (f) protect the rights, property, or personal safety of Ruling Sports, its other Users, and the public.
- Password. If you register with us, you may be asked to provide a password. As you will be responsible for all activities that occur under your account, you should keep your password confidential. The Website may implement technology that enables us to recognize you as the account holder and provide you with direct access to your account when you revisit the Website. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Ruling Sports compatible devices, and you agree to accept responsibility for all activities that occur under your account or password. Where possible, users of public or shared devices should log out at the completion of each visit. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your email address or password), you shall immediately notify Ruling Sports. Then, you should report this incident to all of your card issuers, as well as your local law enforcement agency. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, RULING SPORTS OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
- Ownership; Proprietary Rights.
- General. The Website, including all content, visual interfaces, interactive features, audio, video, digital content, information, text, graphics, design, compilation, computer code, products, software, services, proprietary information, copyrights, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel,” arrangement of items, and all other elements of the Website that are provided by Ruling Sports (the “Ruling Sports Materials”) are owned and/or licensed by Ruling Sports and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. Ruling Sports Materials do not include Non-Ruling Sports Content (as defined below). Except as expressly authorized by Ruling Sports, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, reverse engineer or disassemble any software or otherwise make unauthorized use of the Website or Ruling Sports Materials. Ruling Sports reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Ruling Sports Materials, except for the limited rights expressly set forth in these Terms.
- Pricing terms. Please carefully read all pricing terms in the areas of the Website that allow you to make a purchase. You acknowledge that entering into a transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. Ruling Sports is not responsible for typographic errors. The price for each respective item will be clearly marked on the page and also clearly marked when you enter your credit card information to purchase. A third-party payment processor will collect your name, email address, postal address, contact details and credit or debit card information. You agree to pay all fees and applicable taxes incurred by you or anyone using your account.
- Price changes. We may revise the pricing for content, products or features offered through the Website at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees or content provided by us, your account may be closed without warning or notice at our sole discretion. EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY APPLICABLE TO OUR CONTENT, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR OUR CONTENT ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
- Accuracy of Billing. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- Availability; expectations; merchantability. We reserve the right to limit access to any content or products that we offer. We reserve the right to discontinue any content or products at any time. We do not warrant that the quality of any services, products, information, or other material purchased or obtained by you will meet your expectations or any warranty of merchantability.
- Termination. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated. We reserve the right to immediately terminate your account at our sole discretion, and without prior notice to you if, for example, but not limited to, you violate the Terms. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your account and remove all of your User Content from the Website.
- User Content.
- General. The Website may now or in the future permit you and other Users to post or link media, text, ideas, questions, audio and video recordings, photos, graphics, commentary or other information or content (“User Content”), and to host and/or share such User Content. Ruling Sports makes no representations that your User Content will remain available via the Website in any way. We may remove your User Content at our sole discretion. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE WEBSITE IS MADE PUBLICLY AVAILABLE TO USERS OF THE WEBSITE, AND RULING SPORTS DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.
- Grant of Rights. By submitting User Content to Ruling Sports, you hereby grant Ruling Sports a worldwide, non-exclusive, fully paid and paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Website and Ruling Sports’ (and its successor’s, transferees’, sublicensees’ and their respective affiliates’) business(es), including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels or through merchandising now existing or existing in the future in all locations globally. You grant Ruling Sports, transferees and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User of the Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Website and these Terms. The above licenses granted by you in the User Content you submit to the Website shall be perpetual and irrevocable, except that with respect to any User Content that you have removed or deleted while maintaining your Website user account, or any User Content following any deactivation or deletion of your Website user account, you may specifically notify Ruling Sports via email to email@example.com regarding the termination of the foregoing license from you to Ruling Sports, specifically identifying the item(s) of User Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to Ruling Sports. You understand and agree, however, that even following such termination, Ruling Sports may retain, but not display or perform, server copies of such User Content. Notwithstanding anything to the contrary herein, the above licenses granted by you in user comments you submit are perpetual and irrevocable.
- Your Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such User Content. In connection with User Content, you affirm, represent, and/or warrant that: (i) your User Content is not confidential or secret, (ii) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Ruling Sports to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by Ruling Sports and these Terms, and to grant the rights and licenses set forth in this Section, and (iii) your User Content, Ruling Sports’ use of such User Content pursuant to these Terms, and Ruling Sports’ exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulation, (iv) you have no expectation of compensation or confidentiality of any nature with respect to your User Content and we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to your User Content; and (v) you shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Website, your User Content or its posting on, or submission to, the Website, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
- Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Website: (i) any falsehoods or misrepresentations that could damage Ruling sports or any third party; (ii) any material which is unlawful; defamatory; libelous; slanderous; pornographic; obscene; abusive; profane; vulgar; sexually explicit; threatening; harassing; harmful; hateful; racially or ethnically offensive or otherwise objectionable; creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity; or is otherwise inappropriate; (iii) advertisements or solicitations of business, products, or services; or (iv) any material that would be harmful to minors in any manner.
- No Responsibility for User Content. With the exception of the limited license granted above, we do not obtain or control any rights in, and do not exert editorial control over, User Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Users with respect to such User Content.
- Non-Ruling Sports Content Disclaimer. You understand that when using the Website you may be exposed to User Content, advertising and other third-party content (together, the “Non-Ruling Sports Content”) from a variety of sources and that you may be exposed to Non-Ruling Sports Content that is inaccurate, offensive, indecent, or otherwise objectionable. Ruling Sports does not endorse any Non-Ruling Sports Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Ruling Sports be liable in any way for or in connection with the Non-Ruling Sports Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-Ruling Sports Content, any intellectual property infringement or misappropriation with regard to any Non-Ruling sports Content, or for any loss or damage of any kind incurred as a result of the use of any Non-Ruling Sports Content posted, emailed or otherwise displayed or transmitted through the Website.
- Non-Monitoring of Users and Non-Ruling Sports Content. You understand that you, and not Ruling Sports, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available through the Website. Ruling Sports does not control Non-Ruling Sports Content posted by Users or otherwise made available by other persons or entities and does not have any obligation to monitor such Non-Ruling Sports Content for any purpose. If at any time Ruling Sports chooses, in its sole discretion, to monitor the Non-Ruling Sports Content, Ruling Sports nonetheless assumes no responsibility for the Non-Ruling Sports Content, no obligation to modify or remove any inappropriate Non-Ruling Sports Content, no obligation to continue to monitor the Non-Ruling Sports Content and no responsibility for the conduct of the User or other person or entity submitting any such Non-Ruling Sports Content. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Non-Ruling Sports Content, including any reliance on the accuracy, completeness, usefulness, non-infringement or legality of such User Content or other Non-Ruling Sports Content.
- Removal of Non-Ruling Sports Content. Ruling Sports and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-Ruling Sports Content that is available on the Website in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
- Prohibited Uses of the Website.
(a) As a condition of your use of the Website, you hereby represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.
(b) Any use by you of any of the Ruling Sports Materials and Website other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Website or Non-Ruling Sports Content obtained through the Website, for any purpose other than for your personal use.
(c) Except as expressly provided in Section 4, you agree not to create derivative works of the Website content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of Ruling Sports and any applicable licensors.
(d) You agree not to use the Website if you do not meet the eligibility requirements described in Section 1 above.
(e) You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent.
(f) You agree not to intentionally interfere with or damage, impair or disable the operation of the Website or any User’s enjoyment of it by any means, including but not limited to, uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Website with the intended result of denying service to other Users.
(g) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the Website; features that prevent or restrict the use or copying of any part of the Website; or features that enforce limitations on the use of the Website.
(h) You agree not to attempt to gain unauthorized access to the Website or any part of it, including gaining access or attempting to gain access to another user’s account, computer systems or networks connected to the Website or any part of it, through request, hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website.
(i) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form (other than contributing User Content as enabled by the Website’s functionality and in accordance with these Terms), nor to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website or for the removal of any proprietary notices or labels on the Website.
(j) You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
(k) You agree not to use framing techniques to enclose any trademark, logo, or other Ruling Sports Materials without our express prior written consent. You agree not to use any meta tags or any other “hidden text” using Ruling Sports’ name or trademarks without Ruling Sports’ express prior written consent.
(l) You agree not to use any Ruling Sports logos, graphics, or trademarks as part of the link without our express prior written consent.
(m) You agree not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Website to any third party.
(n) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Website or to insert your own or a third-party’s advertising, branding or other promotional content on the Website. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(o) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(p) You agree not to use the Website in any manner that could interrupt, damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website, including, without limitation, sending mass unsolicited messages or “flooding” servers.
(q) You agree not to modify, adapt, translate, or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(r) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(s) You agree not to use the Website to “stalk” or otherwise harass or harm any User in any way.
(t) You agree not to post, transmit or otherwise disseminate through the Website any User Content that, as we determine at our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third-party’s intellectual property or other rights; (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.
Unauthorized or prohibited use of the Website or the Ruling sports Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
Social Media Component. In certain sections of the Website, you may be able to post your comments on the Website from social media websites such as Twitter, Instagram, Facebook or YouTube. For example, your friends and others who have access to view information about you on these websites will be able to see that you posted a comment. You’ll also be able to see similar information about you or your social media friends who are connected to our Website. In addition, our Website may personalize and otherwise enhance your experience based on your social media information, such as your basic information, likes and interests. Please pay careful attention to your settings on these social media websites as well as your privacy settings on this Website which will impact this feature and may give you some control over the information that is shared and who it is shared with. See the respective websites for details.
Linking to the Website. You agree that if you include a link from any other website to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website, such as using an “in-line” linking method to cause the image hosted on the Website to be displayed on another website. You agree not to download or use images hosted on the Website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time.
Reference Websites. Ruling Sports, Users and other third-parties may provide links on the Website to other websites, including the content therein (“Reference Sites”). Ruling Sports has no control over such Reference Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to by the Website. Ruling Sports provides links to you only as a convenience, and the inclusion of any link on the Website does not imply our affiliation, endorsement, or adoption of the linked Reference Site or other content or any information therein. If you choose to correspond or engage in transactions with any other person, organization or business found on or through the Website, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including, but not limited to, its treatment of your information, your User Content, and/or the terms and conditions applicable to any transaction between you and such third-party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on the Website. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Ruling Sports may earn a portion of sales from products that are purchased through our Website as part of our affiliate partnerships with Reference Sites. Our terms and policies do not govern your use of any website other than our Website. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
Service Availability; Timeliness of Information. Ruling Sports may make changes to or discontinue any of the Ruling Sports Materials, web communities or content available on the Website at any time, and without notice, and Ruling Sports makes no commitment to update these materials on the Website. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
Service Testing. From time to time, we test various aspects of the Website, including the platform, User interfaces, service levels, plans, promotions, features, availability of Ruling Sports Materials, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Feedback. You agree that with respect to any contest entries, feedback, analysis, suggestions and comments to Ruling Sports provided by you (collectively, “Feedback”), IN CONSIDERATION OF RULING SPORTS PROVIDING ACCESS TO THE WEBSITE FREE OF CHARGE, USER HEREBY GRANTS TO RULING SPORTS THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. User represents and warrants that User has the right to make the foregoing grant to Ruling Sports and that any Feedback which is provided by User to Ruling Sports does not infringe any third-party intellectual property or any other rights. Notwithstanding the foregoing, Ruling Sports grants to you a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
Termination. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us at firstname.lastname@example.org that you no longer wish to use our services and by ceasing use of our Website. You agree that Ruling Sports, in its sole discretion, may terminate any account (or any part thereof) you may have through the Website or your use of the Website, and remove and discard all or any part of your account or any User Content. You agree that your access to the Website or any account you may have or portion thereof may be terminated without prior notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Website (or any part thereof). You also agree that Ruling Sports shall not be liable to you or any third-party for any such termination. Ruling Sports reserves the right to modify, suspend or discontinue the Website and/or access to it at any time and without notice to you, and Ruling Sports will not be liable to you should it exercise such rights, even if your use of the Website is impacted by the change. These remedies are in addition to any other remedies Ruling Sports may have at law or in equity.
INDEMNIFICATION; HOLD HARMLESS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS RULING SPORTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE WEBSITE; (II) YOUR USER CONTENT, INCLUDING RULING SPORTS’ USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT. RULING SPORTS RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF RULING SPORTS. RULING SPORTS WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, AND IN THE “NO WARRANTIES” AND “‘AS IS’ AND ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’” SECTIONS BELOW, THE TERM “RULING SPORTS” INCLUDES EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.
NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RULING SPORTS DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE NOR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RULING SPORTS OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
“AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, RULING SPORTS MATERIALS, USER CONTENT AND NON-RULING SPORTS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WEBSITE OPERATION AND NON-RULING SPORTS CONTENT. RULING SPORTS DOES NOT WARRANT THAT THE RULING SPORTS MATERIALS, USER CONTENT, NON-RULING SPORTS CONTENT, WEBSITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, HACKING, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
ACCURACY. RULING SPORTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE (INCLUDING RSS FEEDS) IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA. RULING SPORTS MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING RULING SPORTS READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. ADDITIONAL DISCLAIMERS OR LIMITATIONS OF LIABILITY MAY BE CONTAINED IN THE VARIOUS SOFTWARE END LICENSE AGREEMENTS YOU HAVE AGREED TO BY USING OUR SERVICE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RULING SPORTS OR ITS THIRD-PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE RULING SPORTS MATERIALS AND USER CONTENT ON THE WEBSITE, THE WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH RULING SPORTS, EVEN IF RULING SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF DAMAGES. IN NO EVENT SHALL RULING SPORTS OR ITS THIRD-PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS (USD $100.00).
LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
- BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT RULING SPORTS HAS OFFERED ITS CONTENT AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN; THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND RULING SPORTS; AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND RULING SPORTS. YOU ACKNOWLEDGE AND AGREE THAT RULING SPORTS WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Digital Millennium Copyright Act Compliance (“DMCA”).
- Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any User Content or other Non-Ruling Sports Content infringes upon your copyrights, you may submit a notification to email@example.com pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Website and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Website;
- Information reasonably sufficient to permit Ruling Sports to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
- Notice and Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. We may, at our discretion, deny access to the Website by, or disable and/or terminate the accounts of, Users who may be infringers.
- Copyright Counter-Notices. If content you posted on the Website was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:
- To file a counter-notification with us, you must provide our Copyright Agent, at firstname.lastname@example.org, with a written communication that sets forth the items specified below. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.
- Elements of Counter-Notification. To expedite our ability to process your counter- notification, please use the following format (including section numbers):
- Identify the specific URLs of (or other information sufficient to allow us to identify) material that Ruling Sports has removed or to which Ruling Sports has disabled access.
- Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your Ruling Sports account.
- Provide a statement that you consent to the jurisdiction of the Central District of California and the Federal District Court for the judicial district in which your address is located (if your address is outside of the U.S.A.), and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above or an agent of such person.
- Include the following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following email address: email@example.com.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Website. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
- Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Website is being infringed or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of California. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
- DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
Miscellaneous; Notice. Ruling Sports may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Website. If Notice is by email or mail, it will be provided to the email or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four (24) hours after an email is sent, unless Ruling Sports is notified that the email address is invalid, and if through postal mail, three (3) days after the date of mailing. You may provide Ruling Sports with notices only by email at firstname.lastname@example.org.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
Arbitration Agreement and Waiver of Certain Rights. You and Ruling Sports agree to resolve any disputes between you and Ruling Sports through binding and final arbitration instead of through court proceedings. You and Ruling Sports each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Ruling Sport relating to these Terms or the Website or Ruling Sports Material (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. selected by Ruling Sports. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. You agree that any action of whatever nature arising from or relating to these Terms or our Services, Website or Ruling Sports Materials will be filed only in the state or federal courts located in Los Angeles, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, but not limited to, any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Ruling Sports will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. This arbitration agreement does not preclude you or Ruling Sports from seeking action by federal, state, or local government agencies. You and Ruling Sports each also have the right to bring any qualifying claim in small claims court. In addition, you and Ruling Sports each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms. If any provision of this section is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this section will continue in full force and effect. No waiver of any provision of this section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This section of these Terms will survive the termination of your relationship with Ruling Sports. You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30-days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt-out to email@example.com. Your notice must include your name and address, any usernames, each email address you have used to set up an account on Ruling Sports’ Services, and an unequivocal statement that you want to opt-out of this Arbitration Agreement. You agree that if you opt-out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Ruling Sports. This section limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or Ruling Sports would have in court may not be available in arbitration.
No Class Representative or Private Attorney General: You and Ruling Sports each agree that neither may act as a class representative or private attorney general or participate as a member of a class of claimants, with respect to any claim. You agree that claims may not be arbitrated on a class or representative basis. The arbitrator can decide only individual claims (whether brought by you or Ruling Sports). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Ruling Sports to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Notice for California Users. Under California Civil Code Section 1789.3, users of our Website service from California are entitled to receive information on how to resolve a complaint regarding the Website service or to receive further information regarding use of the Website service: Such complaints or requests may be submitted to Ruling Sports via email at: firstname.lastname@example.org
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
No Waiver or Amendment: The failure by Ruling Sports to enforce any right or provision of these Terms will not prevent Ruling sports from enforcing such right or provision in the future and will not be deemed to modify these Terms.
Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ruling Sports without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and Ruling Sports relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Ruling Sports. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Ruling Sports as set forth above. All rights not expressly granted in these Terms are reserved to us.