Terms
SportsBidding.com TERMS OF USE AGREEMENT
August 25, 2011
The following General Terms and Conditions shall apply exclusively to the business relationship between Global Sports Marketing International, Inc. and its internet platform www.SportsBidding.com ("SportsBidding") and our users (members). By participating in SportsBidding.com, the member accepts the following General Terms and Conditions, as well as the manner in which SportsBidding.com operates as described on the website SportsBidding.com. SportsBidding.com must agree, in writing, to any modifications to the following Terms and Conditions.
SportsBidding.com (the "Website") is owned and operated by Sports Marketing International, Inc. ("SMI" or "we"). By using any services offered on the Website (the "Services"), purchasing products on the Website (the "Products") or accessing the Website, you agree to be bound by these Terms of Use, whether or not you open an account (an "Account") to subscribe to particular Services or purchase Products.
Any special promotions run by SportsBidding.com shall only be valid if they are announced on SportsBidding.com’s website or in its official email newsletter. Promotions may be valid for a limited time, and details of any such limitations will be announced on the website or in a newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.
Any bidding advice or other written materials posted on SportsBidding.com are provided solely as suggestions. SportsBidding.com is not liable or responsible for any actions taken due to a member or other person having read or been told about such advice or other written materials.
To the extent applicable, these Terms of Use apply to all users of the Website ("members"). SportsBidding.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, SportsBidding.com grants members a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Additional terms and conditions may apply to the use of Services or purchase Products and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific Service.
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Eligibility
Changes to Agreement and Privacy Policy
Member Accounts
How does SportsBidding.com Work
Consent to Receive Email and SMS Communications
Referrals
Purchase of Bids
Bids
Scope of Services
Bidding Terms; Shill Bidding
System Outage
The Amazing Pro Shop
Product & Pricing Information
Purchase; Payment
Auction Structure
Intellectual Property
DMCA Policy
Trademarks
Termination
Miscellaneous
External Links
Auction and ProShop Shipping Options and Costs
Platinum 180 Day Return Policy
Electronic Signatures
Entire Agreement
Eligibility
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, A LEGAL RESIDENT OF THE UNITED STATES, OR OF ANY COUNTRY FROM WHICH YOUR ARE ACCESSING THE SportsBidding.com WEBSITE. AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.
Changes to Agreement and Privacy Policy
Internet and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, SportsBidding.com RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless SportsBidding.com obtains Your express consent, any revised Privacy Policy will apply only to information collected by SportsBidding.com after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.User (member) Accounts
1. In connection with Your use of certain Services, You will be required to complete a registration form. You represent and warrant that all information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting Your account profile. For additional information, see the section concerning User Ability To Access, Update, and Correct Personal Information in SportsBidding.com – Privacy Policy.
You will also be asked to provide a member name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, member name, or password of someone else at any time. You agree to notify SportsBidding.com immediately of any unauthorized use of Your account, member name, or password. SportsBidding.com shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by SportsBidding.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password. 2. Only one Account per person is allowed, unless otherwise expressly approved by SportsBidding.com. Only individuals may open an Account, not entities, companies, trusts, co-ops, etc. 3. Either you or SportsBidding.com may at any time terminate your Account, for any reason or no reason, with or without notice. If SportsBidding.com terminates your Account for any reason other than your violation of these Terms of Use, the Website rules and regulations, and/or your violation of law, then SportsBidding.com shall return to you the balance of any purchased and paid Bids (each as defined below), either by e-mail, US Mail and/or courier (e.g., FedEx) to your address that we have on file for you. 4. Without limitation to Number 3, above, if your Account is inactive for at least 12 months, then SportsBidding.com may at any time thereafter, terminate your Account and return to you the balance of any purchased and paid Bids, either by e-mail, US Mail and/or courier (e.g., FedEx) to your address that we have on file for you. 5. By signing up and placing a bid on SportsBidding.com, the member declares that they are legally capable of entering into binding contracts and that they are at least 18 years old. If you are participating in the ProShop, You must be 21 years or older to purchase any alcoholic beverage. 6. Persons in any of the following categories are not eligible to participate in any auction or purchase products made available through the Website and Services: (a) Employees, officers, directors, agents and representatives of SportsBidding.com and their parent companies, affiliates and subsidiaries; and (b) immediate family members (defined as parents, children, siblings, spouse or domestic partner, regardless of where they reside) and/or those living in the same household as any person in (a) above. This Agreement is void where prohibited. 7. SportsBidding.com Products and Services are offered exclusively to Account holders and not to commercial or partly-commercial resellers. 8. Each User shall be liable for all activities that are undertaken using his or her Account. 9. Subject to Your compliance with the terms and conditions of this Agreement, SportsBidding.com grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of SportsBidding.com. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of SportsBidding.com or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate. 10. SportsBidding.com imposes certain restrictions on Your use of the Website and the Services. Without limiting any other provision of this Agreement, You represent and warrant that You will not: (a) provide false, misleading or inaccurate information to SportsBidding.com or any other Website member or visitor; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (e) harvest or otherwise collect information about SportsBidding.com members, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Website or Services by any other member, host or network, including, without limitation by means of submitting a virus, overloading, 'flooding,' 'spamming,' 'mail bombing,' or 'crashing'; (j) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (k) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the SportsBidding.com Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability 11. You agree to use the Website and/or the Services only in a manner consistent with any and all applicable laws and regulations, and these Terms of Use. 12. You agree that you will not post any telephone numbers, street addresses, last names, URLs or email addresses, unless otherwise expressly permitted by SportsBidding.com. 13. You agree not to advertise, or solicit, any User to buy or sell any products or services and not to transmit any chain letters or junk email to other members. 14. In connection with Your use of certain Services, You will be required to complete a registration form. You represent and warrant that all information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting Your account profile. For additional information, see the section concerning User Ability To Access, Update, and Correct Personal Information in SportsBidding.com – Privacy Policy.
You will also be asked to provide a member name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, member name, or password of someone else at any time. You agree to notify SportsBidding.com immediately of any unauthorized use of Your account, member name, or password. SportsBidding.com shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by SportsBidding.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password. 15. You may not sell, license, or otherwise transfer your Account, except by operation of law. Consent to Receive Email Or/And SMS Messages
By establishing an account with SportsBidding.com, You consent to receive periodic email and SMS communications from SportsBidding.com concerning SportsBidding.com - products and services, including without limitation, auction confirmations and newsletters. You may opt-out of receiving newsletters at any time by (a) following the unsubscribe instructions contained in each newsletter; or (c) sending an email to support@SportsBidding.comReferrals
How Does SportsBidding.com Work?
Purchase of Bids
Scope of Services
Bids. Before You can bid on a Product, You must first register as a member. There is no fee to become a member. You will then need to purchase a bid pack. Bids may be purchased in packs of 20, 50, 100, 500, 1000 (' Bid Packs') for the then current price listed on the Website. Payment can be made by Visa®, MasterCard®, Discover®, or through PayPal®. BID PACKS ARE NON-REFUNDABLE. Once a bid is used, it is deducted from Your bid account and cannot be used again. SportsBidding.com reserves the right, in SportsBidding.com - sole discretion, to change the Bid Pack fees and charges in effect, or to add new fees and charges, by posting such changes on the website or providing notice to You. In addition, you do not hold SportsBidding.com - responsible for any overdraft charges or fees which you might incur during any possible ongoing Membership.
Auction Structure. Each time a registered member places a Bid on a Product, extra time is added to that Product's auction period (' Auction Period'), and the bidding price of the Product is increased by $0.01. An auction ends when the Auction Period reaches zero. The auction winner (the ' Winner') is the last member to place a Bid, as determined solely by SportsBidding.com - records. UPON END OF AN AUCTION, ALL BIDS USED ON THAT AUCTION, WHETHER BY THE WINNER OR NON-WINNER(S), WILL EXPIRE AND WILL BE CREDITED TO THE MEMBERS PROSHOP ACCOUNT. Winners are required to pay the final bidding price plus any applicable shipping and handling charges (together, the 'Total Price'). 1. Upon a Member placing a Bid in an active Auction, the price of the Product for that Auction increases by the amount specified. Each Bid constitutes an irrevocable offer by such Member to purchase the Product under the terms and conditions for such Auction. Upon completion of the Auction, SportsBidding.com will accept the winning Bid, whereupon, an agreement for purchase of such Product shall be made and be binding upon such Member and SportsBidding.com, under the terms and conditions of such Auction. 2. Unless otherwise set forth in such Auction, each new Bid resets the 'remaining time' for the Auction by the amount set for such Auction, which is in addition to an increase in the purchase price by the amount reflected in such Auction. The Auction ends when the remaining time reaches zero. The Member with the last (and highest) Bid wins the Auction, at the applicable purchase price. All other Bids placed on the item expire and will not be credited back to any Account or be eligible for use. The winning (last) Bidder is determined based upon our records and will be made in our sole discretion. 3. The successful bidder of each Auction must go to the "Winners" section to acknowledge all of the applicable Auction and shipping/purchase information, including purchase price, shipping costs, payment options, and shipping instructions. The Member must select a payment option and pay the purchase price, plus shipping costs, plus applicable taxes. If an Auction win has not been acknowledged and paid with seven (7) days of the Auction end-date, SportsBidding.com reserves the right to reject the offer to purchase the Product. All bids are non-refundable nor transferable. 4. Upon payment of the applicable purchase price, the shipping costs, and taxes, SportsBidding.com, shall initiate the shipment of the Product to the address information supplied by the winning Bidder. Shipment will be made from our suppliers or from our warehouse. The Website has more details on shipping limitations and restrictions. 5. If SportsBidding.com is not able to deliver the Produced purchased, SportsBidding.com shall contact member to inform them that the product ordered in unavailable. SportsBidding.com will offer You to substitute a comparable replacement product with the same or better features, or provide a refund of the purchase price (plus any shipping charges and taxes paid). 6. Except for computer software, any non-consumable Product purchased from SportsBidding.com may be returned, through the Platinum Return Policy, within One Hundred and Eighty (180) days of shipping, with all original packaging and material. The "180 Day Platinum Return Policy" section of the Website will have proper details. Bidding Terms; Shill Bidding. By placing a Bid on a Product, You are making a legally binding offer to purchase that Product. ONCE A BID IS USED, IT CANNOT BE CANCELLED OR REFUNDED. In the event that You are a Winner, You hereby agree to complete the transaction and purchase the Product for the Total Price. Failure to complete the transaction and purchase the Product for the Total Price shall constitute breach of this Agreement, render You liable for all damages arising there from, and may result in the immediate termination of Your account.
YOU ARE STRICTLY PROHIBITED FROM PLACING BIDS, OR CAUSING BIDS TO BE PLACED, ON ANY PRODUCT FOR THE PURPOSE OF ARTIFICIALLY INCREASING BIDDING PRICES, MANIPULATING THE BIDDING PROCESS, OR INFLUENCING MEMBER BEHAVIOR.
Purchase; Payment. In the event that You are a Winner, You will be notified by confirmation page, email or other mechanism that You have won the auction, and You will be instructed to complete the transaction and purchase the Product for the Total Price. You must remit payment within seven (7) days of auction end. FAILURE TO REMIT PAYMENT WITHIN THE 7 DAY TIME PERIOD WILL FORFEIT YOUR RIGHT TO PURCHASE THE PRODUCT, AND ALL BIDS USED TO WIN THE PRODUCT SHALL EXPIRE AND BE NON-REFUNDABLE. All payments must be made in U.S. currency. SportsBidding.com accepts credit card payment via Visa and MasterCard only. Platinum Return Policy. The SportsBidding.com 180 Day Platinum Return Policy. All Golf products bought through SportsBidding.com auctions are returnable and must include the original product packaging. WHEN do items need to be returned by? No later than 180 days after purchase. HOW do customers return items? Contact us via email returns@SportsBidding.com to obtain a RETURN AUTHORIZATION
Bid Caddy. Bid Caddy automatically places Bids on Your behalf up to the maximum Bid amount set by You (the 'Maximum Bid'). Your use of Bid Caddy constitutes a legally binding offer by You to purchase the applicable Product up to the Maximum Bid. BIDS PLACED BY AUTOBIDDER MAY NOT BE CANCELLED AND ARE NON-REFUNDABLE. YOU ARE STRICTLY PROHIBITED FROM USING ANY UNAUTHORIZED BIDDING SOFTWARE OR OTHER AUTOMATED BIDDING MECHANISM.
Shipping. Unless otherwise stated, Products will be shipped within 10 business days of receipt by SportsBidding.com of the Total Price. Delivery will be made by our suppliers or, in limited circumstances, directly from us to the mailing address provided by You. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR ADDRESS ON FILE WITH SportsBidding.com IS ACCURATE AND CURRENT. SportsBidding.com may, in its sole discretion, use third-parties to satisfy shipping and other obligations without prior notice to You. UPS, USPS, and FedEx delivery is strictly limited to the United States, Canada, Mexico. All other shipments and costs will be separately quoted and agreed upon prior to shipping. All shipped Products are given a tracking number within 48 hours of shipment. You may access Your tracking numbers by visiting the 'Won Auctions' section of Your account profile or by phoning customer service at 888-514-6532, available 8am to 5pm EST (M-F).The Amazing ProShop
To qualify for the Pro Shop a member must have participated in, and lost, an auction. The Pro Shop is a Members only online shopping mall that allows bid qualified members the right to exchange qualified bids for products within the Pro Shop mall. Each Pro Shop credit has a par value equal to the amount spent on that particular qualified bid.
Example 1: If a member purchases a 20 for 20 bid packet and participate in an auction which you do not win, but have used all of your bids, then your Pro Shop Account will be credited in the amount of $20. Winning bids are not deposited into the members Pro Shop Account.
Example 2: If a member purchases a 1000 bid package at $.55 per bid and loses an auction having spent 100 bids; their Pro Shop Account will be credited with $55. Winning bids are not deposited into the members Pro Shop Account.
Product & Pricing Information
SportsBidding.com attempts to be as accurate as possible with product and pricing information; however, SportsBidding.com cannot guarantee that product or pricing information is accurate, complete, reliable, current or error-free. Except as otherwise noted, the price displayed for Products represents the retail price, suggested by the manufacturer or supplier, or estimated in accordance with industry standards. Intellectual Property The Website, all content and materials located on the Website, including without limitation the SportsBidding.com name and any logos, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of SportsBidding.com or its licensors. Except as explicitly provided, neither Your use of the Website and Services, nor Your entry into this Agreement, grant You any right, title or interest in or to any such content or materials. SportsBidding.com, SportsBidding.com and the 'SportsBidding.com logo' are trademarks or registered trademarks of SportsBidding.com. The Website is Copyright 2010 to the present, SportsBidding.com. ALL RIGHTS ARE RESERVED.DMCA Policy
If You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want SportsBidding.com to delete, edit, or disable the material in question, You must provide SportsBidding.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SportsBidding.com to locate the material; (d) information reasonably sufficient to permit SportsBidding.com to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) a statement that You have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, You must provide it to SportsBidding.com - designated agent at:
Attn: Copyright Agent: copyrightagent@SportsBidding.com SportsBidding.com' designated "Copyright Agent" to receive notifications of claimed infringement is: SportsBidding.com, 3463 State Street, Suite 118, Santa Barbara, California 93105, ATTN: COPYRIGHT INFRINGEMENT DESIGNATED AGENT. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the SportsBidding.com customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.Trademarks
SportsBidding.com®, as well as other names and marks so notified in the Web Site are trademarks of SportsBidding.com ("SportsBidding.com Marks"). Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by SportsBidding.com and/or respective holders.
Termination
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, SportsBidding.com RESERVES THE RIGHT TO, IN SportsBidding.com' SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by SportsBidding.com. You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to SportsBidding.com notice of Your intention to do so, in the manner required by this Agreement.
(a) Effect of Termination; Survival
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, SportsBidding.com may, but has no obligation to, in SportsBidding.com' sole discretion, delete from SportsBidding.com' systems all Member Content, Your Personal Information and any other files or information that You made available to SportsBidding.com or that otherwise relate to Your use of the Website or Services. Subsequent to termination, SportsBidding.com reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider. Upon termination, all rights and obligations created by this Agreement will terminate, except those Sections that survive any termination of this Agreement.
(b) Legal Action
If SportsBidding.com, in SportsBidding.com' discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, SportsBidding.com will be entitled to recover from You as part of such legal action, and You agree to pay, SportsBidding.com' reasonable costs and attorneys' fees incurred as a result of such legal action. The SportsBidding.com Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.Miscellaneous
1. Disputes. You are solely responsible for your interactions with other members. SportsBidding.com reserves the right, but has no obligation, to monitor disputes between you and other members.
2. License. Subject to Your compliance with the terms and conditions of this Agreement, SportsBidding.com grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of SportsBidding.com. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of SportsBidding.com or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement.
EligibilityBY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, A LEGAL RESIDENT OF THE UNITED STATES, OR OF ANY COUNTRY FROM WHICH YOUR ARE ACCESSING THE SportsBidding.com WEBSITE. AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.
Changes to Agreement and Privacy PolicyInternet and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, SportsBidding.com RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless SportsBidding.com obtains Your express consent, any revised Privacy Policy will apply only to information collected by SportsBidding.com after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.
User (member) Accounts
1. In connection with Your use of certain Services, You will be required to complete a registration form. You represent and warrant that all information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting Your account profile. For additional information, see the section concerning User Ability To Access, Update, and Correct Personal Information in SportsBidding.com – Privacy Policy.You will also be asked to provide a member name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, member name, or password of someone else at any time. You agree to notify SportsBidding.com immediately of any unauthorized use of Your account, member name, or password. SportsBidding.com shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by SportsBidding.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password. 2. Only one Account per person is allowed, unless otherwise expressly approved by SportsBidding.com. Only individuals may open an Account, not entities, companies, trusts, co-ops, etc. 3. Either you or SportsBidding.com may at any time terminate your Account, for any reason or no reason, with or without notice. If SportsBidding.com terminates your Account for any reason other than your violation of these Terms of Use, the Website rules and regulations, and/or your violation of law, then SportsBidding.com shall return to you the balance of any purchased and paid Bids (each as defined below), either by e-mail, US Mail and/or courier (e.g., FedEx) to your address that we have on file for you. 4. Without limitation to Number 3, above, if your Account is inactive for at least 12 months, then SportsBidding.com may at any time thereafter, terminate your Account and return to you the balance of any purchased and paid Bids, either by e-mail, US Mail and/or courier (e.g., FedEx) to your address that we have on file for you. 5. By signing up and placing a bid on SportsBidding.com, the member declares that they are legally capable of entering into binding contracts and that they are at least 18 years old. If you are participating in the ProShop, You must be 21 years or older to purchase any alcoholic beverage. 6. Persons in any of the following categories are not eligible to participate in any auction or purchase products made available through the Website and Services: (a) Employees, officers, directors, agents and representatives of SportsBidding.com and their parent companies, affiliates and subsidiaries; and (b) immediate family members (defined as parents, children, siblings, spouse or domestic partner, regardless of where they reside) and/or those living in the same household as any person in (a) above. This Agreement is void where prohibited. 7. SportsBidding.com Products and Services are offered exclusively to Account holders and not to commercial or partly-commercial resellers. 8. Each User shall be liable for all activities that are undertaken using his or her Account. 9. Subject to Your compliance with the terms and conditions of this Agreement, SportsBidding.com grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of SportsBidding.com. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of SportsBidding.com or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate. 10. SportsBidding.com imposes certain restrictions on Your use of the Website and the Services. Without limiting any other provision of this Agreement, You represent and warrant that You will not: (a) provide false, misleading or inaccurate information to SportsBidding.com or any other Website member or visitor; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (e) harvest or otherwise collect information about SportsBidding.com members, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Website or Services by any other member, host or network, including, without limitation by means of submitting a virus, overloading, 'flooding,' 'spamming,' 'mail bombing,' or 'crashing'; (j) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (k) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the SportsBidding.com Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability 11. You agree to use the Website and/or the Services only in a manner consistent with any and all applicable laws and regulations, and these Terms of Use. 12. You agree that you will not post any telephone numbers, street addresses, last names, URLs or email addresses, unless otherwise expressly permitted by SportsBidding.com. 13. You agree not to advertise, or solicit, any User to buy or sell any products or services and not to transmit any chain letters or junk email to other members. 14. In connection with Your use of certain Services, You will be required to complete a registration form. You represent and warrant that all information You provide on the registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting Your account profile. For additional information, see the section concerning User Ability To Access, Update, and Correct Personal Information in SportsBidding.com – Privacy Policy.
You will also be asked to provide a member name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, member name, or password of someone else at any time. You agree to notify SportsBidding.com immediately of any unauthorized use of Your account, member name, or password. SportsBidding.com shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by SportsBidding.com, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password. 15. You may not sell, license, or otherwise transfer your Account, except by operation of law. Consent to Receive Email Or/And SMS Messages
By establishing an account with SportsBidding.com, You consent to receive periodic email and SMS communications from SportsBidding.com concerning SportsBidding.com - products and services, including without limitation, auction confirmations and newsletters. You may opt-out of receiving newsletters at any time by (a) following the unsubscribe instructions contained in each newsletter; or (c) sending an email to support@SportsBidding.com
Referrals
You may refer friends to SportsBidding.com using the form on the SportsBidding.com website. SportsBidding.com offers free bids to any member who refers new members that purchase a bid pack. SportsBidding.com reserves the right to review each referral for possible fraud. Any abuse of the referral system will result in the deduction of fraudulent bids awarded and/or the termination of the members account.
How Does SportsBidding.com Work?
- Register for free
- Purchase your bids
- Bids cost $20 for 20 bids, $40 for 50 bids, $65 for 100 bids, $300 for 500 bids, and $550 for 1000 bid - the best price.
- Pick an auction. We have an exciting variety of items to choose from. All of the items auctioned on our site are brand new!
- Bid on an item. Each time you bid on an item, one bid will be deducted from your account and the auction price will increase by $0.01 for penny auctions. Note that once you place a bid, it is considered "used" and will not be returned to you.
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Name of item You can click the name or the picture to get more info about the item. |
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Retail value of item | |
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Auction timer (hh:mm:ss). Shows how much longer the auction will be open. When the clock nears zero, each bid will add 10-30 seconds back to the clock to allow you or other bidders to respond. | |
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Auction price: The price starts at zero and each bid increases it by 10 cents (or 1 cent for penny auctions). | |
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Current highest bidder. Displays the most recent bidder. If you are the final bidder when the clock runs out, you win, and the item is yours for the final auction price! | |
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Bid button. Click here to place a bid on the item. |
Bids are purchased in advance in the form of "Bid Packs". Purchased Bids that have not been used in auctions are refundable. Should You not honor a payment, You will be charged a returned payment fee. SportsBidding.com reserves the right to block access to the member's account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.
Bid Packs expire after twelve (12) months. From time to time, free bids may be offered. The expiration of Bid Vouchers varies based on type. Free bids are only valid until the expiration date stated in the promotion, which is typically seven (7) days. Once a bid is purchased or, placed as a bid in an auction, it is deducted from the member's bid account and can no longer be refunded irrespective of whether or not the bid is successful. You can place bids in two ways: (1) manually by clicking an auction's "Bid" button and/or (2) by using the Bid Caddy function. Bid Caddy is an automated feature which lets You bid on an auction even when You are not online or logged in. Bid Caddy automatically places bids according to Your instructions. You can read about how the Bid Caddy operates in the "Help" section.A maximum of 30 seconds will be added to the timer and one bid will be deducted from Your account with each bid placed. An auction ends when the timer on the SportsBidding.com server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the SportsBidding.com server(s) hit zero.
System Outage. A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current bidding price and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auctions will be credited back to Your account; however, SportsBidding.com is not responsible for any other costs incurred by You due to a system outage. SportsBidding.com reserves the right to cancel auctions that end due to, but not limited to, system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. SportsBidding.com, therefore, provides no guarantee for the constant and uninterrupted availability of the website and/or other technical systems. In addition, SportsBidding.com shall not be liable for any damage incurred by auction users or third parties from using SportsBidding.com' services. In particular, SportsBidding.com shall not be liable for damage that occurs due to bids not being received by SportsBidding.com, not being received promptly, or not being considered as a consequence of technical errors.
Scope of ServicesBids. Before You can bid on a Product, You must first register as a member. There is no fee to become a member. You will then need to purchase a bid pack. Bids may be purchased in packs of 20, 50, 100, 500, 1000 (' Bid Packs') for the then current price listed on the Website. Payment can be made by Visa®, MasterCard®, Discover®, or through PayPal®. BID PACKS ARE NON-REFUNDABLE. Once a bid is used, it is deducted from Your bid account and cannot be used again. SportsBidding.com reserves the right, in SportsBidding.com - sole discretion, to change the Bid Pack fees and charges in effect, or to add new fees and charges, by posting such changes on the website or providing notice to You. In addition, you do not hold SportsBidding.com - responsible for any overdraft charges or fees which you might incur during any possible ongoing Membership.
Auction Structure. Each time a registered member places a Bid on a Product, extra time is added to that Product's auction period (' Auction Period'), and the bidding price of the Product is increased by $0.01. An auction ends when the Auction Period reaches zero. The auction winner (the ' Winner') is the last member to place a Bid, as determined solely by SportsBidding.com - records. UPON END OF AN AUCTION, ALL BIDS USED ON THAT AUCTION, WHETHER BY THE WINNER OR NON-WINNER(S), WILL EXPIRE AND WILL BE CREDITED TO THE MEMBERS PROSHOP ACCOUNT. Winners are required to pay the final bidding price plus any applicable shipping and handling charges (together, the 'Total Price'). 1. Upon a Member placing a Bid in an active Auction, the price of the Product for that Auction increases by the amount specified. Each Bid constitutes an irrevocable offer by such Member to purchase the Product under the terms and conditions for such Auction. Upon completion of the Auction, SportsBidding.com will accept the winning Bid, whereupon, an agreement for purchase of such Product shall be made and be binding upon such Member and SportsBidding.com, under the terms and conditions of such Auction. 2. Unless otherwise set forth in such Auction, each new Bid resets the 'remaining time' for the Auction by the amount set for such Auction, which is in addition to an increase in the purchase price by the amount reflected in such Auction. The Auction ends when the remaining time reaches zero. The Member with the last (and highest) Bid wins the Auction, at the applicable purchase price. All other Bids placed on the item expire and will not be credited back to any Account or be eligible for use. The winning (last) Bidder is determined based upon our records and will be made in our sole discretion. 3. The successful bidder of each Auction must go to the "Winners" section to acknowledge all of the applicable Auction and shipping/purchase information, including purchase price, shipping costs, payment options, and shipping instructions. The Member must select a payment option and pay the purchase price, plus shipping costs, plus applicable taxes. If an Auction win has not been acknowledged and paid with seven (7) days of the Auction end-date, SportsBidding.com reserves the right to reject the offer to purchase the Product. All bids are non-refundable nor transferable. 4. Upon payment of the applicable purchase price, the shipping costs, and taxes, SportsBidding.com, shall initiate the shipment of the Product to the address information supplied by the winning Bidder. Shipment will be made from our suppliers or from our warehouse. The Website has more details on shipping limitations and restrictions. 5. If SportsBidding.com is not able to deliver the Produced purchased, SportsBidding.com shall contact member to inform them that the product ordered in unavailable. SportsBidding.com will offer You to substitute a comparable replacement product with the same or better features, or provide a refund of the purchase price (plus any shipping charges and taxes paid). 6. Except for computer software, any non-consumable Product purchased from SportsBidding.com may be returned, through the Platinum Return Policy, within One Hundred and Eighty (180) days of shipping, with all original packaging and material. The "180 Day Platinum Return Policy" section of the Website will have proper details. Bidding Terms; Shill Bidding. By placing a Bid on a Product, You are making a legally binding offer to purchase that Product. ONCE A BID IS USED, IT CANNOT BE CANCELLED OR REFUNDED. In the event that You are a Winner, You hereby agree to complete the transaction and purchase the Product for the Total Price. Failure to complete the transaction and purchase the Product for the Total Price shall constitute breach of this Agreement, render You liable for all damages arising there from, and may result in the immediate termination of Your account.
YOU ARE STRICTLY PROHIBITED FROM PLACING BIDS, OR CAUSING BIDS TO BE PLACED, ON ANY PRODUCT FOR THE PURPOSE OF ARTIFICIALLY INCREASING BIDDING PRICES, MANIPULATING THE BIDDING PROCESS, OR INFLUENCING MEMBER BEHAVIOR.
Purchase; Payment. In the event that You are a Winner, You will be notified by confirmation page, email or other mechanism that You have won the auction, and You will be instructed to complete the transaction and purchase the Product for the Total Price. You must remit payment within seven (7) days of auction end. FAILURE TO REMIT PAYMENT WITHIN THE 7 DAY TIME PERIOD WILL FORFEIT YOUR RIGHT TO PURCHASE THE PRODUCT, AND ALL BIDS USED TO WIN THE PRODUCT SHALL EXPIRE AND BE NON-REFUNDABLE. All payments must be made in U.S. currency. SportsBidding.com accepts credit card payment via Visa and MasterCard only. Platinum Return Policy. The SportsBidding.com 180 Day Platinum Return Policy. All Golf products bought through SportsBidding.com auctions are returnable and must include the original product packaging. WHEN do items need to be returned by? No later than 180 days after purchase. HOW do customers return items? Contact us via email returns@SportsBidding.com to obtain a RETURN AUTHORIZATION
WHERE do items need to be returned to? After obtaining a RETURN AUTHORIZATION, product can be returned to: 3463 State Street, Suite 118, Santa Barbara, CA 93105
Bids are non refundable. Items purchased in the ProShop are nonrefundable and only returnable for credit exchange to be credited back into Your ProShop Account. The member shall be responsible for return shipping costs. Product shall be returned in original packaging and in unused condition.Bid Caddy. Bid Caddy automatically places Bids on Your behalf up to the maximum Bid amount set by You (the 'Maximum Bid'). Your use of Bid Caddy constitutes a legally binding offer by You to purchase the applicable Product up to the Maximum Bid. BIDS PLACED BY AUTOBIDDER MAY NOT BE CANCELLED AND ARE NON-REFUNDABLE. YOU ARE STRICTLY PROHIBITED FROM USING ANY UNAUTHORIZED BIDDING SOFTWARE OR OTHER AUTOMATED BIDDING MECHANISM.
Shipping. Unless otherwise stated, Products will be shipped within 10 business days of receipt by SportsBidding.com of the Total Price. Delivery will be made by our suppliers or, in limited circumstances, directly from us to the mailing address provided by You. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR ADDRESS ON FILE WITH SportsBidding.com IS ACCURATE AND CURRENT. SportsBidding.com may, in its sole discretion, use third-parties to satisfy shipping and other obligations without prior notice to You. UPS, USPS, and FedEx delivery is strictly limited to the United States, Canada, Mexico. All other shipments and costs will be separately quoted and agreed upon prior to shipping. All shipped Products are given a tracking number within 48 hours of shipment. You may access Your tracking numbers by visiting the 'Won Auctions' section of Your account profile or by phoning customer service at 888-514-6532, available 8am to 5pm EST (M-F).
The Amazing ProShop
To qualify for the Pro Shop a member must have participated in, and lost, an auction. The Pro Shop is a Members only online shopping mall that allows bid qualified members the right to exchange qualified bids for products within the Pro Shop mall. Each Pro Shop credit has a par value equal to the amount spent on that particular qualified bid.
Example 1: If a member purchases a 20 for 20 bid packet and participate in an auction which you do not win, but have used all of your bids, then your Pro Shop Account will be credited in the amount of $20. Winning bids are not deposited into the members Pro Shop Account.
Example 2: If a member purchases a 1000 bid package at $.55 per bid and loses an auction having spent 100 bids; their Pro Shop Account will be credited with $55. Winning bids are not deposited into the members Pro Shop Account.
Product & Pricing InformationSportsBidding.com attempts to be as accurate as possible with product and pricing information; however, SportsBidding.com cannot guarantee that product or pricing information is accurate, complete, reliable, current or error-free. Except as otherwise noted, the price displayed for Products represents the retail price, suggested by the manufacturer or supplier, or estimated in accordance with industry standards. Intellectual Property The Website, all content and materials located on the Website, including without limitation the SportsBidding.com name and any logos, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of SportsBidding.com or its licensors. Except as explicitly provided, neither Your use of the Website and Services, nor Your entry into this Agreement, grant You any right, title or interest in or to any such content or materials. SportsBidding.com, SportsBidding.com and the 'SportsBidding.com logo' are trademarks or registered trademarks of SportsBidding.com. The Website is Copyright 2010 to the present, SportsBidding.com. ALL RIGHTS ARE RESERVED.
DMCA Policy
If You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want SportsBidding.com to delete, edit, or disable the material in question, You must provide SportsBidding.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SportsBidding.com to locate the material; (d) information reasonably sufficient to permit SportsBidding.com to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) a statement that You have 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, You must provide it to SportsBidding.com - designated agent at:Attn: Copyright Agent: copyrightagent@SportsBidding.com SportsBidding.com' designated "Copyright Agent" to receive notifications of claimed infringement is: SportsBidding.com, 3463 State Street, Suite 118, Santa Barbara, California 93105, ATTN: COPYRIGHT INFRINGEMENT DESIGNATED AGENT. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the SportsBidding.com customer service. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Trademarks
SportsBidding.com®, as well as other names and marks so notified in the Web Site are trademarks of SportsBidding.com ("SportsBidding.com Marks"). Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms of Use or by any other provision contained in the Web Site, and all rights in such names, marks or logos is reserved by SportsBidding.com and/or respective holders.
Termination
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, SportsBidding.com RESERVES THE RIGHT TO, IN SportsBidding.com' SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by SportsBidding.com. You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to SportsBidding.com notice of Your intention to do so, in the manner required by this Agreement.(a) Effect of Termination; Survival
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, SportsBidding.com may, but has no obligation to, in SportsBidding.com' sole discretion, delete from SportsBidding.com' systems all Member Content, Your Personal Information and any other files or information that You made available to SportsBidding.com or that otherwise relate to Your use of the Website or Services. Subsequent to termination, SportsBidding.com reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider. Upon termination, all rights and obligations created by this Agreement will terminate, except those Sections that survive any termination of this Agreement.
(b) Legal Action
If SportsBidding.com, in SportsBidding.com' discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, SportsBidding.com will be entitled to recover from You as part of such legal action, and You agree to pay, SportsBidding.com' reasonable costs and attorneys' fees incurred as a result of such legal action. The SportsBidding.com Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
Miscellaneous
1. Disputes. You are solely responsible for your interactions with other members. SportsBidding.com reserves the right, but has no obligation, to monitor disputes between you and other members.
2. License. Subject to Your compliance with the terms and conditions of this Agreement, SportsBidding.com grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of SportsBidding.com. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of SportsBidding.com or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. 
