Game Time Updates (dba “UpdatesCentral”) will never sell Your PII. By using our services, You agree that Game Time Updates does have the right to share Your Personal Information for any of the following purposes: (1) providing customer support and processing credit card payments, (2) contacting you about our Services, (2) administering arrangements with partners operating a membership program to which you belong and consent to such disclosure, (3) preventing fraud, (4) complying with any applicable government regulation, local, state or federal law, legal process, court order or enforceable governmental request and (5) effectuating the transfer of our assets to a successor in interest in relation to a merger or acquisition.
Questions and Comments
Terms“Account” shall mean an account of an Account Holder with Game Time Updates for the access to, use of, or provision of Services by Game Time Updates.
“Account Holder” shall mean, as the case may be, either an individual or an entity with a valid Account.
“Content” shall mean any and all data posted by Game Time Updates on its Website.
“Services” shall mean any and all services provided by Game Time Updates in the course of its business.
“Feedback” shall mean any and all feedback, comments and suggestions provided by an individual or entity to Game Time Updates for improvements to the Services, Website, Technology or Content.
“Technology” shall mean any and all technology, software, applications and programming developed or created by Game Time Updates or that Game Time Updates has the lawful right to use.
“User” shall mean an individual who is either (1) the Account Holder or (2) an individual who has been authorized by the Account Holder to act on its behalf with regards to the Services.
“Website” shall mean the website of Game Time Updates.
RegistrationIn order to register for an Account, You must (i) be the individual Account Holder or authorized agent of the Account Holder, (ii) have access to a Facebook Account of the Account Holder to which You have rights at least equivalent to those of an Administrator, (iii) provide a valid email address at which the Account Holder can receive communications and messages from Game Time Updates; and (iv) provide a valid credit card for which the Account Holder is responsible for paying the balance. In the event that You submit a valid Affiliate code in connection with such registration, the credit card You provide will not be charged any fees for use during the first sixty days following the date the Account Holder first registers for an Account with Game Time Updates. In the event that You do not submit a valid Affiliate code in connection with such registration, the credit card you provide will be charged for the first month’s and each subsequent month’s Services fees, in advance of each month’s Services.
It is the responsibility of the Account Holder to protect the Account Holder’s Facebook and Game Time Updates’ Account information. In all instances, the Account Holder is solely responsible for any activities or actions associated with the Account Holder’s Facebook Account and Game Time Updates Account, whether or not authorized by the Account Holder. By creating an Account, the Account Holder is consenting to Game Time Updates’ use of: (i) electronic means to complete the Terms and to provide the Account Holder with any notices given pursuant to the Terms; and (ii) electronic records to store information related to the use of the Services by the Account Holder.
All information provided by You, whether at registration or thereafter, must be true, accurate, current and complete. Account Holders are solely responsible for ensuring the accuracy and validity of their own Account information and settings and for updating their Account information and settings whenever any Account Holder information previously provided to Game Time Updates changes, including but not limited to changes of the Account Holder’s email address or credit card information.
Authorized UseOnly Users may access or Use the Website, Technology, Content, or Services of Game Time Updates, unless otherwise provided for in the Affiliate Terms of Participation.
PaymentPayment to Game Time Updates shall be due in advance of the provision of Services, on a monthly basis. Prices of all Services are subject to change upon fifteen (15) days’ notice and such notice shall be provided via electronic mail to the email address associated with the Account at the time such notice is sent.
In the event that an Account Holder’s Account is terminated during any given month for any reason, such Account Holder will remain responsible for the full amount billed for that month’s Services; there will be no refunds or reductions of the outstanding balance for partial months of service, or for such Account Holder’s lack of use prior to any termination of such Account. All amounts owed shall be exclusive of any taxes that may be owed by the Account Holder in connection with the Account Holder’s use of the Services and the Account Holder shall be solely responsible for the payment of such taxes, if any.
Intellectual Property of Game Time UpdatesAll Content and Technology developed or created by Game Time Updates is the property of Game Time Updates. No license is granted or inferred to You based upon the Terms, unless expressly provided for in the Terms. The Services, Website, Technology, and Content are protected by the intellectual property and other applicable laws of the United States, District of Columbia, and foreign countries. Game Time Updates exclusively owns all right, title and interest in and to the Services, Website, Technology and Content, including all associated intellectual property rights.
Unless agreed to by Game Time Updates in the Terms or in another writing, You are prohibited from: using, copying, adapting, modifying, hacking, reproducing, removing, altering, transmitting, streaming, broadcasting, distributing, licensing, reverse engineering, creating derivative works from, decompiling, selling, transferring, publicly displaying, publicly performing or otherwise exploiting any Services, the Website, the Technology or the Content. Similarly, You are prohibited from removing, altering or obscuring any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, Website, Technology, or Content.
Any feedback, comments and suggestions You provide to Game Time Updates for improvements to the Services, Website, Technology or Content (“Feedback”) will be the sole and exclusive property of Game Time Updates and You hereby irrevocably assign to Game Time Updates all right, title, and interest in and to all Feedback.
In clarification of the foregoing, Users shall have a limited license to use the Technology for the sole purpose of using the Website, Services, and Technology for its intended purposes as part of the Services purchased from Game Time Updates, the scope of which shall be determined by Game Time Updates in its sole discretion. Further, such license shall automatically terminate with the termination of an Account. Unless expressly provided for in the Terms, no other licenses or rights are granted to You, by implication or otherwise, regarding any intellectual property rights owned or controlled by Game Time Updates.
Intellectual Property of Account HOLDERS.
Certain portions of the Website may allow Account Holder Representatives to post or upload information, text, graphics, images, and other content (“Account Holder Content”). By submitting such Account Holder Content to Game Time Updates, the Account Holder grants Game Time Updates a worldwide, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Account Holder Content in connection with the Services and Game Time Updates’ (and its successor’s and affiliate’s) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Furthermore, any information submitted to Game Time Updates on behalf of an Account Holder, by any means, shall also be included in such license. Account Holders acknowledge and understand that if a User publishes images or other such content through the Services, such images or content may be viewable by or shared with other users on social media platforms (such as Facebook) based on such Account Holder’s settings on such social media platform. The Account Holder is solely responsible for and assumes all risk relating to the Account Holder’s use of the Website and disclosure of the Account Holder Content.
Each User and each Account Holder agrees not to: (i) submit material that violates anyone else’s proprietary rights, including privacy and publicity rights, or any material that can be considered spam or junk mail; (ii) knowingly publish false or inaccurate information; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements, “pyramid schemes,” chain letters or other solicitations; (v) impersonate another person; or (vi) allow individuals under the age of twenty-one (21) to view updates or advertisements of alcoholic beverages without the disclosures required by Facebook or other relevant social media platform. And, in the case of an Account Holder who is an entity, such Account Holder agrees not to allow any of its authorized agents to do any of the above.
Game Time Updates does not endorse any Account Holder Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with any Account Holder Content. We reserve the right to decide whether Account Holder Content is appropriate and complies with the Terms, and may remove any Account Holder Content and/or terminate any Account if any material is uploaded that violates the Terms, as determined in our sole discretion, at any time without prior notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available Account Holder Content or other materials that are believed to violate the Terms.
Intellectual Property of Third Parties
If you believe that your work has been copied and posted on the Services or Website or used in the Content or Technology in a way that constitutes copyright infringement, please email Game Time Updates with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services or Website or used in the Content or Technology; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The email address of Game Time Updates is email@example.com. The provision of such information shall not act to create a duty on Game Time Updates to respond in any way to such information and any response by Game Time Updates shall not form such a duty.
As part of the Services, Game Time Updates may send notifications, text messages, picture messages, alerts, emails or other types of messages (the “Messages”) to the User on the phone number or email address on file at the time such Messages are sent. The Account Holder has control over the Message settings, and can opt in or out of these Messages (with the exception of administrative messages). You shall be solely responsible for any and all fees charged by Your phone or email provider in the event that Your phone or email provider charges any fees as a result of such Messages.
The Account Holder may terminate such Account Holder’s Account at any time and for any reason by notifying Game Time Updates in writing via certified mail, return receipt requested or by email at firstname.lastname@example.org. Upon termination by an Account Holder, such Account Holder’s Account may immediately become inaccessible. Game Time Updates shall not be responsible for the loss of any Account Holder Content deleted in response to such Account Holder’s notice of termination. Any termination request will be effective immediately upon receipt by Game Time Updates and no amounts will be owed by an Account Holder for any month following the month in which such Account Holder’s notice of termination was received by Game Time Updates. Any suspension, termination or cancellation will not affect such Account Holder’s obligations to Game Time Updates under the Terms (including but not limited to ownership, indemnification and limitation of liability), which by their purpose and context are intended to survive such suspension, termination or cancellation.
In the event that a User breaches the Terms, we may, at our sole discretion and without prior notice to the Account Holder, immediately terminate or suspend the Account or access to the Services by the Account Holder or User and remove any material (including any Content or Account Holder Content) from the Services, the Website and/or our servers. Account Holders will be notified by email or other available means if such Account Holder’s Account is terminated or suspended. We also reserve the right to terminate the Services or a User’s access at any time and for any reason, including but not limited to the need to conduct maintenance or if we discontinue any portion of the Services. Upon termination, all licenses and other rights granted to the Account Holder under the Terms will immediately cease. We will not be liable to the Account Holder or any other person for termination of the Services or termination of the Account Holder’s use of the Services. Upon any termination or suspension, any information (including Content) that the Account Holder or associated User has submitted to Game Time Updates, in any format, will no longer be accessible by the Account Holder or associated User. Furthermore, we will have no obligation to maintain any information stored in our database related to such Account Holder’s Account or to forward any information to the Account Holder or any other person. Game Time Updates’ determination shall be final and unreviewable, and the Account Holder waives any and all rights he, she, or it may have (as applicable) to challenge that decision.
Termination Under Contract
Upon termination of service(s) under contract the Account Holder is liable for any remaining balance between Game Time Updates and the Account Holder.
RestrictionsThe Services, Website, Technology, Content, and Account Holder Content may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, federal and foreign laws and regulations in connection with the use of the Services or access to the Website, Technology, Content and Account Holder Content. In addition, You agree not to do any of the following:
— encourage or conspire with anyone else to, engage in any conduct that is illegal or unauthorized;
— violate any of the Terms;
— use the Services or Website to harass, threaten, offend, defame, or libel any individual or entity;
— upload, post, email or otherwise transmit through the Services or Technology or on the Website any viruses or other computer code that may interrupt, destroy or limit the functionality of the Services, Website, or Technology or interfere with the access of any user to the Services, Website, or Technology;
— upload, post, email or otherwise transmit any offensive, harassing, threatening, defaming, libelous, obscene, pornographic, or otherwise objectionable content;
— circumvent, disable or otherwise interfere with security related features of the Services, Website or Technology;
— circumvent, disable or otherwise interfere with security related features that prevent or restrict use or copying of any Content or Account Holder Content;
— use any meta tags or other hidden text or metadata utilizing the Game Time Updates’ name, trademarks, copyrights, or URLs;
— use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in or associated with the Services, Website, Content or Technology;
— attempt to or actually access the Services, Website, or Technology by any means other than through the Services, Website or platforms provided by and as authorized by Game Time Updates;
— attempt to probe, scan or test the vulnerability of any Game Time Updates system or network or breach or impair or circumvent any security or authentication measures protecting the Services, Website, or Technology;
— attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any Technology or Website used to provide the Services;
— use the Services, Website or Technology in any way that competes with Game Time Updates;
— use the Services, Website or Technology in any way other than in a manner consistent with the intended use of the Services; or
— encourage or instruct any other individual to do any of the foregoing.
Use of the Website, Services, Content or Technology is at Your sole discretion and risk. We will not be responsible for any harm to Your computer, mobile device or any other electronic device, or for any loss of data, personal injury, property damage, or other harm that results from Your use of the Services, Website, or Technology or any third party claims. We do not make any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Services, Website, Content or Technology; (ii) that the Services, Website, Content and/or Technology will be error-free or that any errors will be corrected; (iii) that Your use of the Services will improve your earnings; (iv) that the Services will otherwise meet Your specific requirements; (v) that use of the sports team names for purposes of advertising your broadcast of the game does not violate their intellectual property rights; (v) that your broadcast of the sports games complies with applicable laws; or (v) that the quality of the Services, Website, Technology, or Content will meet Your expectations. You understand that the technical processing and transmission of the Service, including User Information, may be transferred and unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We are not responsible for (i) incorrect or inaccurate transcription of information, (ii) the use of your information by third parties, (iii) problems related to any of the equipment or software associated with the Services, Technology or the Website, (iv) loss or damage caused by individuals or entities who are not agents of or under the control of Game Time Updates, (v) other human error outside our control, (vi) any interruption, deletion, omission, degradation, defect, or line failure of any telephone network or electronic transmission, or (vii) problems relating to inability to access the Services or Website.
We disclaim all liability for any technical failures, or errors of, on, or connected to the Services, Technology, Content or Website, including but not limited to Messages sent erroneously due to technical failures or errors. We will make reasonable efforts to correct any such failures swiftly upon discovering them or being informed about them. If you think you have received Messages in error or experienced other technical failures, please contact us immediately.
The Services, Technology, Content and Website, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES, TECHNOLOGY, CONTENT, OR WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. No advice or information, whether oral or written, obtained by you from Game Time Updates will create any warranty not expressly stated in this Agreement.
You agree to defend, indemnify, and hold Game Time Updates, its officers, directors, employees, consultants and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) Your access to or use of the Services, Technology, Content or Website; (ii) Your violation of the Terms; or (iii) Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right. For the purpose of the foregoing, an Account Holder’s use and/or access shall include, and not be limited to, use by any individuals who obtained access due to the Account Holder’s failure to adequately protect such Account Holder’s login credentials.
Limitation of Liability
IN NO EVENT WILL GAME TIME UPDATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS, BE LIABLE TO ANY INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND/OR WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF AN ACCOUNT HOLDER REPRESENTATIVE’S TRANSMISSIONS OR DATA, OR OTHER MATTER RELATING TO THE SERVICES, WEBSITE, TECHNOLOGY, CONTENT, OR ACCOUNT HOLDER INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT GAME TIME UPDATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GAME TIME UPDATES’ CUMULATIVE LIABILITY TO ANY ACCOUNT HOLDER FOR ALL CLAIMS, REGARDLESS OF TYPE, EXCEED THE AGGREGATE OF ALL PAYMENTS SUCH ACCOUNT HOLDER MADE TO GAME TIME UPDATES. FURTHER, IN NO EVENT SHALL GAME TIME UPDATES HAVE ANY LIABILITY TO ANY INDIVIDUAL OR ENTITY WHO IS NOT AN ACCOUNT HOLDER.
The Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. Any dispute arising from or relating to this Agreement will be settled by arbitration in Pennsylvania, in accordance with the rules of the American Arbitration Association then in effect. Each party shall be entitled to their own attorneys’ fees, unless the party seeking an award of attorneys’ fees can prove fraud or frivolous litigation by the other party. Notwithstanding the foregoing, Game Time Updates has the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
The Terms represent the entire agreement between You and Game Time Updates concerning the Services, Technology, Content and/or Website, and supersede all prior or contemporaneous communications between You and Game Time Updates. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Game Time Updates’ failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
Game Time Updates reserves the right, in our sole discretion, to alter, amend, or modify the Terms at any time with or without notice. All such alterations, amendments or modifications shall be incorporated in amended versions of the Terms posted on the Game Time Updates website and such alterations, amendments or modifications shall be effective immediately upon such posting. Your use of any Services, Technology, Content and/or Website after such posting shall constitute Your agreement to be bound to the amended Terms as posted at the time of such use. If any modified terms and conditions are not acceptable to You, Your sole remedy is to cease using the Services and/or to terminate or cancel your Account.