Terms of Service
Welcome to TheSharpPlays! The following terms of service (the “TOS”) apply to your use of these Websites, including access to the Services (as defined below) and Content (as defined below) available through the Website. Please read these terms and conditions carefully before using the Website, accessing the Content and/or using the Services.
BY USING THE WEBSITE, THE SERVICES, OR THE CONTENT, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE AGREEMENT AS THEY APPLY TO YOU AND YOUR USAGE AND ACCESS.
- TERMS OF SERVICE
TheSharpPlays.com provides the Website, the Content, and the Services to you subject to the following Terms of Service (“TOS”). The TOS may be updated by us from time to time without notice to you. We suggest that from time to time you review the TOS contained on this page for possible changes. In addition, when using any Services or accessing any Content, you will be subject to any posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.
- SERVICES AND CONTENT
TheSharpPlays.com currently provides users with various features and services, including statistical review, handicapper picks, articles, newsletters and other interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of TheSharpPlays.com. In addition, TheSharpPlays.com provides access to certain photographs, text, images, statistics, logos, and other media and intellectual property related to or otherwise associated with TheSharpPlays.com. Unless stated otherwise, the Website, the Services, and the Content are subject to the TOS. You understand and agree that the Website, the Services, and the Content are provided “AS IS” and that TheSharpPlays.com assumes no responsibility in connection with your use of the Website, the Services, or the Content. The Website, the Services, and the Content are provided for your non-commercial entertainment and enjoyment. Under the TOS, you may download certain Content and Services available on the Website to a single personal computing device for your use and entertainment. However, you may not distribute, modify, republish, or publicly display any of the Content or Services unless you have the prior written permission of TheSharpPlays.com, which permission may be withheld at TheSharpPlays.com’s sole discretion.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN ” IS” AND ” AVAILABLE” BASIS. THESHARPPLAYS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- THESHARPPLAYS.COM MAKES NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THESHARPPLAYS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THESHARPPLAYS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES, OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES, OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, OR THE CONTENT.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
- ACCESS TO SERVICES
In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
- BACKGROUND INFORMATION
- In order to use the Services, you may be required to register with TheSharpPlays.com by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject, of course, to all applicable laws. If you provide any information that is untrue, inaccurate, not current, or incomplete, or TheSharpPlays.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, TheSharpPlays.com has the right to suspend or terminate your password and/or refuse any and all current or future use of the Services.When you register with TheSharpPlays.com you are limited to one (1) username per person/email address. An ” account holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g. business, educational institution etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.In order to use the Services you are required to review all site specific guidelines posted for the Services.
- ACCESS BY MINORS
You must be at least 18 years old to register at TheSharpPlays.com. If you are under 18 years of age, you are not permitted to use the Websites or the Services or to access the Content.
- MEMBER PASSWORD AND SECURITY
You will receive a password upon completing the registration process for use of the Services. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. TheSharpPlays.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 10.
- MEMBER CONDUCT
You agree that in connection with your use of the Website, the Services, and the Content you will not:
- upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm or attempt to harm minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email or otherwise transmit any content that you do not have a right to transmit 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);
- upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- upload, post, email or otherwise transmit 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;
- interfere with or disrupt the Website, the Services, the Content or servers or networks connected to the Website, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, the Services and/or the Content;
- intentionally or unintentionally violate any applicable local, state, national or international law.
- reproduce, republish, download, post, transmit, distribute, copy, publicly display or otherwise use any Content or any derivative works based on the Website, Services, Content or the Software, in whole or in part.
- USER MESSAGES
- With respect to any messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit, post or upload to the Website and/or in connection with any of the Services (each, “Message”), you are, by transmitting or uploading such Message, granting TheSharpPlays.com and a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such Message for any purpose and in any form. This license is granted automatically and no payment of any kind will be due to you. At times, TheSharpPlays.com may solicit Messages from users. Your provision of any such Messages in response to a solicitation by TheSharpPlays.com shall be subject to a grant of a license to TheSharpPlays.com as specified above.
- When any user posts any Message to the Website or any of the Services, TheSharpPlays.com shall have the right, but not the obligation, to review, edit or delete any Message for any reason, at TheSharpPlays.com’s sole discretion. It is TheSharpPlays.com’s policy to fully cooperate with law enforcement authorities and court orders which request or require TheSharpPlays.com to disclose personal information or the postings of anyone posting Messages to the Website or any of the Services. Although TheSharpPlays.com may monitor and/or review Messages from time to time, it is under no obligation to do so and does not assume any liability or responsibility with respect to any Messages including those that contain errors, defamatory content, pornography, profanity or inaccuracies.
- You acknowledge and agree that TheSharpPlays.com may preserve Messages and may also disclose Messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Message violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TheSharpPlays.com, its users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
TheSharpPlays.com may offer you the opportunity to vote in connection with certain events. By casting your vote, you are agreeing to abide by the TOS and any and all voting guidelines posted on the Website.
You agree to indemnify, defend and hold harmless TheSharpPlays.com, the directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any claim or demand, including reasonable attorneys’ fees, arising out of Messages you post to, submit or transmit through the Website or the Services, your use of the Website or the Services, your connection to the Website or the Services, your violation of the TOS, or your violation of any rights of another.
- MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
TheSharpPlays.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice.
You agree that TheSharpPlays.com, in its sole discretion, may terminate your password or use of the Website and/or the Services, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if TheSharpPlays.com believe that you have violated or acted inconsistently with the letter or spirit of the TOS. TheSharpPlays.com may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TheSharpPlays.com may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services.
- THESHARPPLAYS.COM ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that TheSharpPlays.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. ALL OF YOUR BUSINESS DEALINGS WITH VENDORS AND ADVERTISERS APPEARING ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES SHALL BE AT YOUR SOLE RISK.
The Website and/or Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TheSharpPlays.com has no control over such sites and resources, you acknowledge and agree that TheSharpPlays.com is not responsible for the availability of such external sites or resources, and do not endorse and are 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 TheSharpPlays.com 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.
- PROPRIETARY RIGHTS
Services and Content are the property of TheSharpPlays.com and are licensed to TheSharpPlays.com and may not be reproduced without the prior written consent of TheSharpPlays.com. You further acknowledge and agree that (i) any necessary software used in connection with the Website, the Services, and the Content (the “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by or licensed to TheSharpPlays.com; and (ii) content contained in sponsor advertisements or information presented to you through the Website, the Services, and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. EXCEPT AS EXPRESSLY AUTHORIZED BY THESHARPPLAYS.COM, OR ADVERTISERS, YOU AGREE NOT TO REPRODUCE, REPUBLISH, UPLOAD POST, TRANSMIT, DISTRIBUTE, COPY, PUBLICLY DISPLAY OR OTHERWISE USE ANY CONTENT OR ANY DERIVATIVE WORKS BASED ON THE WEBSITE, SERVICES, CONTENT OR THE SOFTWARE, IN WHOLE OR IN PART. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by TheSharpPlays.com for use in accessing the Services.
Notices to you may be made via either email or regular mail. The Website may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Services.
- LINKING TO THE WEBSITE
No link to the Website may be “framed” to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.TheSharpPlays.com, the Website home page. “Deep Linking” to internal pages of the Website is expressly prohibited.
- GENERAL PROVISIONS
The TOS constitute the entire agreement between you and TheSharpPlays.com and governs your use of the Websites, the Services, and access to the Content, superseding any prior agreements between you and TheSharpPlays.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and TheSharpPlays.com shall be governed by the laws of the United States of America without regard to its conflict of law provisions. You and TheSharpPlays.com agree to submit to the personal and exclusive jurisdiction of the courts located within the country of the United States of America. The failure of TheSharpPlays.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. The Laws and Courts of the United States of America govern any dispute arising out of the use of the web site.
If you have any questions or comments about our use of personal information, please contact TheSharpPlays.com use the form on the Contact page at www.TheSharpPlays.com/contact.
TRADING CONTENT DISCLAIMER –
The Sharp Plays, @TheSharpPlays on Twitter and this Web Site (collectively referred to hereafter as “TSP”), is published as an information service and it includes opinions as to buying, selling and holding various stocks, investments, and other securities. However, the publishers of TSP are not brokers or investment advisers, and they do not provide investment advice or recommendations directed to any particular subscriber or in the view of the particular circumstances of any particular person. The information provided by TSP is obtained from sources believed to be reliable but is not guaranteed as to accuracy or completeness. Visitors to TSP or any other persons who buy, sell or hold securities should do so with caution and consult with a broker or investment adviser before doing so.
At various times, the publishers and employees of TSP may own, buy or sell the securities discussed for purposes of investment or trading. TSP and its publishers, owners and agents, are not liable for any losses or damages, monetary or otherwise, that result from the content of TSP. Securities discussed by TSP should be considered speculative and contain a high degree of volatility and risk.
Trading securities and options involves risk. Prior to buying or selling an option, an investor must receive a copy of Characteristics and Risks of Standardized Options. Futures traders must review a copy of the Risk Disclosure Statement for Futures Contracts. Investors need a broker to trade securities & options and must meet suitability requirements. Past results are not necessarily indicative of future performance. Performance figures are based on actual recommendations made by TSP. Due to the time critical nature of stock, options, future, or other trading, brokerage fees, and the activity of other subscribers, TSP cannot guarantee that subscribers will mirror the performance stated on our track records or promotions. Performance numbers shown are based on trades subscribers could enter based on our guidelines.
The results posted for TSP are hypothetical. Results are based on the price when the position was published by TSP, and the price when dropped by TSP. TSP cannot guarantee that any person bought or sold the actual security for the prices listed on the Web Site. Investors may receive greater or lesser returns based on their trading experience and market price fluctuations. The prices listed are for reference only and are in no way intended to represent an actual trade, entry price or exit price.
The information contained on TSP is provided for general informational purposes, as a convenience to the visitors & subscribers of TSP. The materials are not a substitute for obtaining professional advice from a qualified person, firm or corporation. Consult the appropriate professional advisor for more complete and current information. TSP is not engaged in rendering any legal or professional services by placing these general informational materials on TSP. TSP and its publishers specifically disclaim any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of TSP, even if TSP has been advised of the possibility of such damages, including liability in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the site or viruses.
TSP makes no representations or warranties about the accuracy or completeness of the information contained on this website. Any links provided to other server sites are offered as a matter of convenience and in no way are meant to imply that TSP endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses any information contained on those sites, unless expressly stated. TSP is the copyright owner of all text and graphics contained on this website, except as otherwise indicated. Other parties’ trademarks and service marks that may be referred to herein are the property of their respective owners. You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this website, without prior written permission of TSP. Permission to use and reproduce documents and related graphics available from this website is granted, provided that: (1) the below copyright notice appears in all copies and that both the copyright and this permission notice appear; (2) use and reproduction of documents and related graphics available from this website is limited to personal, non-commercial use; (3) no documents or related graphics, including logos, available from this website are modified in any way; and (4) no graphics, including logos, available from this website are used separate from accompanying text. Use or reproduction for any other purpose is expressly prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
OTHER THAN AS SET FORTH ABOVE, ANY REDISTRIBUTION of TSP reporting, TSP website content, or the information contained therein, without the written consent of the publishers of TSP, is STRICTLY PROHIBITED. Copying and/or electronic transmission of TSP content or TSP Web Site content is a violation of copyright law.