SharpSide Terms of Service

Terms and Conditions

Acceptance of Terms

SharpSide.com (“SharpSide,” “we,” or “us”) provides its “Service” (as defined herein) to you (“you” or “User”), subject to the following Terms of Service (“TOS”), which may be updated by us from time to time at our sole discretion without notice to you.

Please read the TOS completely before using our website or SharpSide app (the “App”). We recommend that you refer to the TOS from time to time to help make sure you are aware of changes to this TOS. The TOS can be viewed at any time at https://sharpside.com/terms-of-service.

Your use of the Service is conditional upon your acceptance of all terms and conditions contained within the TOS as it exists at the time of use, and your use of the website and/or the Service constitutes acceptance of those terms.

Description of Service

SharpSide currently provides Users with an interactive community and App, in which Users can browse content, receive betting information for entertainment, follow industry news, track free betting picks, and participate in free-to-play sports handicapping leaderboards, contests, and promotions. Through SharpSide and the App, users are able to become members, browse content, rankings, sports handicapping information, and promotions. Users can contribute to the SharpSide online community. SharpSide also provides access to numerous online resources, including various communication tools, forums, articles, reviews, guides, hyperlinks, personalized content, and branded programming through its network of affiliates (collectively, the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SharpSide affiliates, software, or content, shall be subject to the TOS.

You understand and agree that SharpSide assumes no responsibility for the timeliness, deletion, delivery, or failure to store any User communication or personalized settings. In addition, SharpSide holds the rights to modify, discontinue, or suspend any aspect of the Service at any time. SharpSide may also choose, without notice or liability, to limit or restrict access to portions or all of its features or any other aspect of the Service. You are responsible for obtaining access to the Service and all associated connection fees to the Internet or other Web connection (such as Internet service provider or airtime charges) as well as all equipment necessary to make such connection to the Service. You agree that you may not resell, lease, license, assign, or redistribute the Service or the Content (defined below), in whole or in part, to any third party. You further agree that you will not: (a) make any Service or Content available to, or use any Service or Content for the benefit of, anyone other than yourself, (b) sell, resell, license, sublicense, distribute, rent or lease any Service or Content, or include any Service or Content in a service bureau or outsourcing offering, (c) interfere with or disrupt the integrity or performance of any Service or third-party data contained therein, (d) attempt to gain unauthorized access to any Service or Content or its related systems or networks, (e) frame or mirror any part of the Service or Content, (f) access any portion of the Service or Content in order to build a competitive product or service, or (g) reverse engineer, decompile, modify or create any derivative work from any portion of the Service (to the extent such restriction is permitted by law).

Please note that the Service is strictly for entertainment and informational purposes. The Service is not to be used for or in conjunction with any illegal activities. You agree that SharpSide and its parents, subsidiaries, affiliates, employees, agents, representatives, and assigns will not be liable or responsible for any User activity that may violate any law of the User’s jurisdiction. We do not represent or warrant that actions you take with regard to your account and related activities on the Service will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you within your jurisdiction and to act lawfully at all times when using the Service.

Service Content: Information and Features

The Service contains information, advice, text, materials, podcasts, videos, rankings, and services (collectively, the “Content”) that are provided for your convenience and entertainment. Third parties also provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions of third parties not directly under the control of SharpSide. We make no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Content and will not be liable for any lack of the foregoing.

The Service contains proprietary information, statistics, and projections both original and from other third-party sources. Users of the Service may not engage in unauthorized spidering, “scraping,” data mining, or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Service.

Third-party advertisers may offer goods, services, and other materials to you on the Service. Your correspondence and business dealings with advertisers found on or through the Service including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that SharpSide will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Content on the Service. Descriptions of, or references to, products or publications within the Service do not imply endorsement of that product or publication.

User Registration Obligations

Registration is required for the access and use of certain portions of the Service. Those portions of the Service that require registration are so indicated. In consideration of your registration, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also hereby agree to provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration page. If at any time you provide us with any information about yourself that is untrue, inaccurate, not current or incomplete (or we have reasonable grounds to believe you have done so), we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.

User Account, Password, and Security

During completion of the Service’s registration process, you will select an account username and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify SharpSide of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. SharpSide cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

A user may only have one SharpSide member account and shall only use the services offered by SharpSide through their sole account. It is prohibited for a member to open multiple SharpSide member accounts. In the event that we become aware of additional accounts being opened by a single member, we reserve the right to close additional accounts without notice, resulting in the forfeiture of any access to SharpSide services on that account as well as any other linked accounts we may discover in the process of investigation.

Rankings

During completion of the Service’s registration process, you give SharpSide your express consent to allow us to track your winning results and display them publicly on our Rankings and Leaderboard pages, as well as use any results and statistics derived from those results as part of our Content.

Contests

No purchase or payment of any kind is necessary to enter or to win. A purchase will not improve your chances of winning. All prize claims are subject to verification. Void where prohibited by law.

All free-to-enter SharpSide Contest (the “Contest” or collectively “Contests”) promotions are governed by the SharpSide Contest Official Rules (the “Official Rules”). SharpSide Contests are designed for participants to demonstrate his or her skill at making correct selections on the outcomes of sporting events and propositions. Contests will be played by accessing the App and complying with the following Official Rules.

The SharpSide Contest Rules (the “Rules”). Please read these Rules carefully and check back frequently, as the Rules may be modified. The Rules, and any modifications thereto, are effective at the time published on the Site or the App, and will govern the Contest that takes place after that time.

Contests are hosted and presented by SharpSide. Contest is not affiliated with, or endorsed by, the National Football League (NFL), the National Basketball Association (NBA), the National Hockey League (NHL), Major League Baseball (MLB), Apple, Inc., or Google, Inc.

There are no entry fees or purchases required to participate in Contests.

Participants, based on their skill, knowledge, and understanding of real-world sporting events, make selections on eligible offerings by choosing the side of her or her choice (the “Pick” or collectively “Picks”) within the App. Contestants are ranked according to free units won. Units are not real money and cannot be redeemed as such.

Prizes may be awarded to participants at the conclusion of Contest periods. Prizes will be determined for each specific Contest. SharpSide reserves the right to modify and/or cancel the Contest at any time and without advance notice.

Contest Eligibility

Subject to these Rules, the Contest is open to individuals who are United States residents. The Contest is void where prohibited by law. The Contest is open to individuals who are at least 18 years old or the age of majority in their jurisdiction of legal residence as of the entry date. Employees, officers, directors, shareholders, agents, and representatives of SharpSide and its parent company, the RG Network, and immediate family members of those individuals, are ineligible to win prizes in the Contest.

Participants must have an active SharpSide account to enter. There is no purchase necessary to open an account. Participants can create an account within the App by downloading the App. The App is available to iOS users via the Apple App Store and to Android users via Google Play.

General Contest Conditions

Participation constitutes a Contest participant’s full acceptance of these Rules and to the Sponsor’s decisions. Any attempt by a participant or any other individual to deliberately damage any Sponsor properties or the Contest may be a violation of criminal and civil law. Should an attempt such as be made, the Sponsor reserves the right to seek damages and prosecution from any individual to the extent permitted by law.

Sponsor reserves the right to cancel, suspend, and/or modify the Contest, or any part thereof. Sponsor reserves the right to make equivalent prize substitutions.

Privacy Policy

Registration data and certain other information about you are subject to our privacy policy. For more information, see our full privacy policy at https://sharpside.com/privacy-policy. Your agreement with and acceptance of these TOS shall also constitute explicit agreement with and acceptance of the SharpSide Privacy Policy.

User Content and Conduct

From time to time, SharpSide may permit you to upload information, advice, text, data, forum communications, software, messages, and other materials to the Service (“Your Content”). Your Content is your sole responsibility. This means that you, and not SharpSide, are entirely responsible for all of Your Content that you upload, post, email, transmit, or otherwise make available via the Service. If you post personal information on publicly available areas of the Service, then you may receive unsolicited messages from third parties. SharpSide cannot ensure the security of any information you post on publicly available areas of the Service. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via the Service.

SharpSide does not claim ownership of Your Content; however, you hereby grant SharpSide a free, worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, sell, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed.

Picks made by a user using the SharpSide app are included as an element of Your Content and may be used as part of a picks sales offering from SharpSide. Your Content is not confidential.

You acknowledge that SharpSide does not pre-screen Your Content, and that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse, remove, or move any of Your Content that is available on the Service. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by SharpSide and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

You acknowledge and agree that SharpSide may archive Your Content and may also disclose Your Content at any time and for any reason. Since we do not pre-screen User-generated content, you may be exposed to content that is offensive, indecent, or objectionable. In addition, you hereby agree not to use Your Content or the Service in any other matter to:

  1. Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Harm minors in any way;
  3. Impersonate any person or entity, including, but not limited to, a SharpSide official, staff contributor, moderator, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
  5. Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of SharpSide or of any party;
  7. Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation, except in those areas that are designated for such purpose;
  8. Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
  10. Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
  11. Collect or store personal data about other users.

By accepting the TOS, you agree that SharpSide may remove or suspend your access and registration to the Service for any misuse described above or otherwise deemed by SharpSide, in its sole discretion, to potentially endanger the Service, other users, or the Service.s ability to operate effectively.

Disclaimer of Service of Resale

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including User Security information), use of the Service, or access to the Service.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SharpSide has no control over such sites and resources, you acknowledge and agree that SharpSide is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SharpSide shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Other sites may link to, but not replicate SharpSide content. Any other site that links to the Service shall not (i) create a browser or border environment around any of the content of the Service, (ii) imply that SharpSide is endorsing or sponsoring it or its products, (iii) present false information about SharpSide or its products or services, (iv) use SharpSide trademarks or other intellectual property, or (v) contain content that could be construed as distasteful, offensive or controversial, without the express written consent of SharpSide.

Notwithstanding anything to the contrary contained in this TOS, we reserve the right to deny permission to link to the Service from any website for any reason in our sole and absolute discretion.

Termination

You agree that SharpSide may, under certain circumstances and without prior notice, immediately terminate your User account, profile, any associated email address, and access to the Service. Cause for such termination shall include, but is not limited to: breaches or violations of the TOS or other incorporated agreements or guidelines; requests by law enforcement or other government agencies; a direct request by the User; discontinuance or material modification to the Service, or any part thereof; unexpected technical or security issues or problems; and, extended periods of inactivity. Absent a request from the User, SharpSide does not intend to terminate User accounts without good cause; however, you agree that any unilateral termination of the account by SharpSide is ultimately a decision vested in SharpSide. sole discretion. SharpSide shall not be liable to you or any third party for any termination of your account and associated loss of access to the email address, and access to the Service.

Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, RANKINGS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SHARPSIDE AND ITS OFFICERS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT:

  1. THE CONTENT ON AND PROVIDED THROUGH THE SERVICE;
  2. THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE;
  3. THE MATERIALS, MESSAGES, AND INFORMATION SENT FROM THE SERVICE BY USERS;
  4. ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR
  5. ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED SITE. SHARPSIDE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SHARPSIDE DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. FURTHER, SHARPSIDE AND ITS SUBSIDIARIES AND AFFILIATES, WHERE PERMITTED BY APPLICABLE LAW, DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

SHARPSIDE AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

Limitation of Liability

EXCEPT AS WHERE LIMITED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SHARPSIDE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICE OR THE CONTENT, EVEN IF FORESEEABLE OR IF SHARPSIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SHARPSIDE‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

You use the Service and the Content at your own risk. SharpSide will not be responsible for any loss you suffer as a result of your use or reliance upon the Service or the Content. By using the Service and the Content, you represent that you understand and acknowledge that the performance of individuals and teams in sporting and gaming contests is affected by many factors that are beyond SharpSide’s control. SharpSide makes every effort to furnish accurate and complete information and data, but SharpSide does not warrant or guaranty the accuracy or completeness of any information and data contained within the Service and the Content.

Indemnity

You agree to defend, indemnify, and hold harmless SharpSide and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorney’s fees out of or in connection with this TOS agreement, including, without limitation, your use of the Service and Content, your connection to the Service and Content, your violation of the TOS, or your violation of any rights of another.

Copyrights & Trademarks

The Service is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The content contained on the Service is protected by copyright and is owned or controlled by SharpSide or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Service. Copying or storing any part of the Service or Content is expressly prohibited without prior written permission from SharpSide or the copyright holder as identified on the Service or Content.

SharpSide and other service marks, trademarks, and logos displayed on the Service are the property of SharpSide or its licensors. You agree not to display or use the SharpSide intellectual property in any manner, without express written consent from SharpSide.

Elements of the Service including, but not limited to, the “look and feel,” are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Service may be copied or retransmitted unless expressly permitted by SharpSide.

By agreeing to the TOS, you agree and understand that SharpSide may terminate use of the Service, as detailed in Section 11, of subscribers and account holders who infringe the rights of copyright holders.

Governing Law; Jurisdiction and Venue

The TOS and the relationship between you and SharpSide shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You irrevocably submit and consent to the exclusive jurisdiction and venue of the Tennessee State courts in and for Davidson County, Tennessee, and the Federal courts in and for the Middle District of Tennessee for any dispute arising out of, relating to or in connection with this TOS or your access or use of the Service and the Content. You waive any right to raise the defense of forum non-conveniens.

Miscellaneous Information

This TOS contains the sole and entire agreement between the parties with respect to the use of the Service and supersedes any and all other prior written or oral agreements between us. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS. Users are not permitted to promote special interests, services, or products that do not follow this policy will be considered spam by SharpSide, subject to deletion, and the offending User may be penalized up to termination of the account, at SharpSide’s sole discretion.

User posts that SharpSide, in its sole discretion, determines are made with the intent to promote or advertise goods or services, including other websites, will be deemed spam and will not be allowed and may be deleted in SharpSide’s sole discretion Users who modify their locations, title, or username in an attempt to avoid enforcement of this policy may be penalized in SharpSide’s sole discretion, up to and including termination of the account.

While SharpSide endeavors to foster an open and exciting community environment and will not delete or remove User posts except for good cause, SharpSide reserves the right, in its sole discretion, to remove any User post (or any portion thereof).

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