TERMS AND CONDITIONS
Website Terms and Conditions of Use
By accessing Gupscorner.com (“Gup’s Corner”), owned and operated by Gup’s Corner, LLC, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
- DESCRIPTION OF SERVICE
Gup’s Corner currently provides you (“Users”) with an interactive community and discussion chatroom and forums (collectively the “Forum”), in which Users can discuss, among other things, daily fantasy sports. Through Gup’s Corner and the Forums, users are able to become members, browse content, rankings, lineups and promotions, engage in various discussions via member blogs, send private messages and contribute to the Gup’s Corner online community. Gup’s Corner 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 Gup’s Corner affiliates, software, forum groups, or content, shall be subject to the Terms of Service. You understand and agree that Gup’s Corner assumes no responsibility for the timeliness, deletion, delivery or failure to store any User communication or personalized settings. In addition, Gup’s Corner holds the rights to modify, discontinue, or suspend any aspect of the Service at any time. Gup’s Corner 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).
In order to participate in the service, you must be thirteen (13) years of age or older at the time of registration.
- USE LICENSE
- Permission is granted to temporarily download one copy of the materials (information or software) on Gup’s Corner for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Gup’s Corner;
- remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Gup’s Corner, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Forum Submissions
This provision governs your conduct, your rights, and Gup’s Corner, LLC’s rights with respect to any text, photograph, video, post, communication, music, audio/sound recording, artwork, ratings, reviews or other materials or information you make associated with Gup’s Corner’s Forum (“Submission”). When you submit a Submission, you agree to the following:
- your Submission is original, accurate, created by you, and not an impersonation;
- you are over the age of majority, or, if a minor, your parent or legal guardian consents to your submission;
- you are not an employee of Gup’s Corner, LLC nor do you work for an affiliate or agency of Gup’s Corner, LLC hired by Gup’s Corner, LLC to promote and/or sell Gup’s Corner, LLC products; OR, if you are employee of Gup’s Corner, LLC or work for an affiliate or agency of Gup’s Corner, LLC hired by Gup’s Corner, LLC to promote and/or sell Gup’s Corner, LLC products, you agree to include a clear and conspicuous disclosure of your relationship with Gup’s Corner, LLC in your Submission;
- your Submission is not false, misleading, offensive, profane, vulgar, obscene, derogatory, defamatory, libelous, slanderous, or otherwise inappropriate;
- your Submission does not contain content which infringes any third party’s copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
- your Submission does not contain content which violates any law, statute, ordinance or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
- your Submission does not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
- your Submission does not contain content or materials intended to create disruption or to mislead others, such as posting multiple Submissions in an effort to monopolize the forum or posting a Submission unrelated to the forum’s designated topic or theme;
- your Submission does not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with Gup’s Corner, LLC;
- your Submission does not contain programming or materials containing any Trojan horses, viruses, worms, harmful code, or other potentially damaging information, programs, or file; and
- Gup’s Corner, LLC’s use of your Submission does not violate these Terms and will not cause injury to any person or entity.
If the Submission is related in any way to a promotion, sweepstakes, contest, giveaway, or similar program, Additional Terms may apply. Any opinions, advice, statements, services, offers, or other information contained in Submissions expressed or made available on the Sites are those of the respective author(s) or distributor(s) and not of Gup’s Corner, LLC. We neither endorse nor guarantee the accuracy, completeness, or usefulness or any such Submission.
Gup’s Corner, LLC does not and cannot review all Submissions posted to or created by users accessing the Site and is not in any manner responsible for the content of these Submissions. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Gup’s Corner, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Submissions or activities on the Site. Gup’s Corner, LLC will have no obligation to post or use any Submission(s). Gup’s Corner, LLC reserves the right to block or remove Submissions and/or Users that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Gup’s Corner, LLC at its sole discretion..
By submitting a Submission, you grant each of the following to GUP’S CORNER, LLC:
a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sub licensable and transferable right and license to use, monitor, review, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, display, and perform such Submission(s), in whole or in part, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on Gup’s Corner, LLC’s web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively “Your Personal Content”) as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on GUP’S CORNER, LLC’s web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).
You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above.
By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, Gup’s Corner, LLC and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the Gup’s Corner, LLC’s rights as noted above.
You understand that Gup’s Corner, LLC is relying upon your representations, grants of rights, waivers and releases in permitting you to submit a Submission. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in this Agreement.
Gup’s Corner, LLC does not guarantee that you will have any opportunity to edit or delete your Submission. You acknowledge that you, not Gup’s Corner, LLC, are responsible for the contents of any Submission(s).
- BILLING AND RENEWAL POLICIES
Your registration for any Subscription Product will be on either a month-to-month or year-to-year recurring basis, beginning on the date of your registration and continuing for recurring periods of either one month or one year, as the case may be, from the date of your registration unless and until you cancel your registration or we terminate it (in each case in accordance with this Agreement). You authorize us to collect the applicable subscription payment and applicable taxes each month or each year, as the case may be, of your subscription. You can cancel your subscription at any time, but you must cancel your subscription before it automatically renews in order to avoid being charged for subsequent subscription fees. UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE PERIOD FOR WHICH YOU WISH TO CANCEL YOUR SUBSCRIPTION, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE FOR A SUCCESSIVE PERIOD OF EQUAL LENGTH TO YOUR ORIGINAL SUBSCRIPTION AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE SUBSCRIPTION PAYMENT AND APPLICABLE TAXES.
6. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SUBSCRIPTION PRODUCTS AND OTHER SERVICES OR PRODUCTS OFFERED FOR PURCHASE
We reserve the right to modify the price of any Subscription Product and/or any other services or products offered for purchase through our website, apps or social media outlets. We are not responsible for any error in copy relating to any Subscription Product or any other services or products offered for purchase.
By accepting this Agreement, you agree that we may notify you about changes to prices and/or Subscription Products by sending an e-mail message to your e-mail address on file with us and by publishing such notices from time to time on the informational pages of our website. It is your responsibility to notify us of any change in your e-mail address by logging into our website and using the online account management tool. If your e-mail service includes functionality or software that catalogues your e-mails in an automated manner, it is your responsibility to ensure that those e-mails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list.
The materials on Gup’s Corner are provided “as is”. Gup’s Corner, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Gup’s Corner, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Gup’s Corner, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Gup’s Corner, even if Gup’s Corner, LLC or a Gup’s Corner, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- REGISTRATION OBLIGATIONS
To register on Gup’s Corner you need to enter an email address, log in name and password, and you need to agree to these Terms Of Service. Since we use your email address to look up your account information, and to send you password change requests and other useful correspondence you should be sure to use a valid email address when registering. You should also keep your email address up to date using the My Account page. If you use an invalid email address, you may find it difficult to retrieve your password and get customer service.
- LOG IN NAME, PASSWORD AND SECURITY
You will create a log in name and password when registering with Gup’s Corner. The log in name you pick will be unique to the website and no other user will have the same log in name. Your password should be something easy to remember and should not be the same password you use to protect important personal information such as bank and email accounts. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Gup’s Corner of any unauthorized use of your account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. Gup’s Corner cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- REVISIONS AND ERRATA
The materials appearing on Gup’s Corner could include technical, typographical, or photographic errors. Gup’s Corner, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Gup’s Corner, LLC may make changes to the materials contained on its web site at any time without notice. Gup’s Corner, LLC does not, however, make any commitment to update the materials.
Gup’s Corner, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Gup’s Corner, LLC of the site. Use of any such linked web site is at the user’s own risk.
- GOVERNING LAW
Any claim relating to Gup’s Corner shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.