The following terms and conditions (hereinafter the "Terms") are entered into by and between You and GDC America Inc. (hereinafter the "Company", "we" or "us") and shall govern your access to and use of the subscription service available on the website www.bookies.com (hereinafter the "Platform"). The Company provides a service made available on the Platform whereby the viewer can subscribe to receive sports picks and predictions for entertainment purposes only (hereinafter the “Service”).
1. Acceptance of the Terms
Please read the Terms carefully before you start using the Platform and the Service. By using the Service, you accept and agree to be bound by the Terms. If You do not want to agree to these Terms, You shall not access or use the Platform and the Service. The Terms may be amended by us from time to time in our sole discretion. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You. All changes are effective immediately when we post them and apply to all access to and use of the Platform and the Service thereafter. Your continued use of the Service following the posting of revised Terms means that You accept and agree to the changes.
2. Access to the Service
A. Provisions applicable to Freemium and Premium users of the Service
You are responsible for making all arrangements necessary for You to have access to the Platform and the Service.
In order to use the Service, you may be required to register with the Platform by providing certain information about yourself, including your name and e-mail address. It is a condition of your use of the Platform and the Service that all the information You provide on the Platform is true, accurate, current and complete.
The Company reserves the right to withdraw or amend the Platform and the Service, as well as any other services or materials we provide on the Platform, in our sole discretion without notice to You. We will not be liable to you or to any third party if for any reason all or any part of the Platform and the Service is unavailable at any time or for any period, or for any modification or discontinuance of the Platform, the Service or removal of content from the Platform. From time to time, we may restrict access to some parts of the Platform or the Service to users.
To register as a user of the Service you must be at least 21 years of age (or 18 years of age depending on legal age regulations in your jurisdiction) and not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Minors are prohibited and we reserve the right to refuse service to anyone for any reason at any time.
B. Additional Provisions Applicable to Premium users of the Service
In order to access and use the Service as a Premium user, you must register for and maintain an active account on the Platform. Account registration requires you to submit to us certain personal information (which may include payment information), subject to your consent.
Upon your subscription as a Premium user of the Service, You will receive credentials via email to log into the Platform in order to access premium picks content. The Premium subscription requires payment of a service fee before you can access the premium picks information. You may login to our Platform at https://bookies.com/login to retrieve your picks. The Company will as a courtesy, but under no obligation, e-mail you the picks under the Premium subscription.
All subscription sales are final. It is your responsibility to keep track of the account expiration date and cancel prior to renewal. You can review your expiration date and/or cancel active subscription at any time by contacting us or by cancelling your subscription within your account area on the Platform. If you cancel your subscription, the cancellation will go into effect at the end of the then-current subscription period. If you cancel your Premium subscription during a subscription period, you will not receive a refund for any portion of the fees paid for the remainder of the current subscription period.
Notwithstanding any other provision of this terms or of applicable law, you will not be entitled to any refund of any fees paid to us if your access is terminated because of a violation or alleged violation of these Terms.
You must treat your login information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to You and You hereby agree not to provide any other person with access to the Platform or the Service using your login information or other security information. You agree to notify us immediately of any unauthorized access to or use of your login information or any other breach of security.
We have the right to disable any username, password or other identifier at any time in our sole discretion for any or no reason, including if, your subscription has expired, and if in our opinion, you have violated any provision of these Terms.
3. Proprietary Rights
The Platform and the Service are owned by the Company, its licensors or other providers of such material and are protected by US and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that (i) any necessary software used in connection with the Platform and the Service (the "Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by or licensed to the Company; and (ii) any content and information presented to you through the Platform and the Service are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. EXCEPT AS EXPRESSLY AUTHORIZED BY THE COMPANY, YOU AGREE NOT TO REPRODUCE, REPUBLISH, UPLOAD POST, TRANSMIT, DISTRIBUTE, COPY, PUBLICLY DISPLAY OR OTHERWISE USE ANY CONTENT OR ANY DERIVATIVE WORKS BASED ON THE PLATFORM, THE SERVICE OR THE SOFTWARE, IN WHOLE OR IN PART. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Platform and the Service.
The Company’s name and all related names, logos, product and service names, trademarks, service marks, designs and slogans (collectively, "Trademarks") used and displayed on the Platform are registered and/or unregistered trademarks of the Company or its affiliates or licensors. You must not use such Trademarks without prior written consent of the Company or its affiliates or licensors.
Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other applicable laws.
The Company may terminate immediately the accounts of users who appear to infringe the copyright or other intellectual property rights or to provide any other person with access to any part of the Platform in breach of the Terms, in this case you must, at our discretion, return or destroy any copies of the materials you have made.
4. Third-Party Content
The Platform and the Service may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services. A link or referral to a third-party platform does not mean that the Company endorses or accepts any responsibility for the content or use of such platform. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
5. Prohibited Use
You may only use the Platform and the Service for lawful purposes and in compliance with all applicable federal, state, local and international laws and regulations. Unacceptable conduct on the Platform includes, without limitation, harming minors in any way; interfering with or disrupting the Platform or servers or networks connected to the Platform; violating the regulations, policies or procedures of networks or websites connected or linked to the Platform and the Service; attempting to gain unauthorized access to the Platform and the Service, other accounts, computer systems or networks connected to the Platform and the Service.
The Company has the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform and the Service and to terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms.
You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform. Sharing or distributing any information from communication that’s received under Premium subscription or your personal login credential is strictly prohibited. If You are known to engage or engage in this behaviour, You will be banned from the Service without any refunds.
YOU HEREBY EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE PLATFORM AND THE SERVICE IS AT YOUR SOLE RISK. ALL THE CONTENTS OF THE PLATFORM, THE PLATFORM AND THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. THE COMPANY MAKES NO WARRANTY THAT (i) THE PLATFORM AND THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE PLATFORM AND THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE PLATFORM AND THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM AND THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE PLATFORM WILL BE CORRECTED.
C. ANY MATERIAL OBTAINED THROUGH THE USE OF THE PLATFORM OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE OBTAINING OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON PLATFORM OR ACCESSED VIA THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PLATFORM OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM PLATFROM IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR OTHERWISE.
You understand that the Platform contains information about sports and sports betting, but that this information does not constitute “advice”, nor does it constitute any “recommendation” on whether or how to engage in sports betting activities. THE COMPANY ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE MATERIAL ON THE PLATFORM, OR AS A RESULT OF BETTING RISKS. ANY SPORTS BETTING ACTIVITY IS INHERENTLY RISKY AND UNDERTAKEN AT YOUR OWN RISK.
THE FOREGOING DISCLAIMER DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PLATFORM AND THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM AND THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) OR ANY OTHER MATTER RELATING TO THE PLATFORM AND THE SERVICE.
You hereby agree to defend, indemnify and hold harmless the Company, as well as its officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (collectively “Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform and the Service, including, but not limited to, any use of the Platform’s content and/or your use of any information obtained from the Platform and through the use of the Service.
9. Governing Law
The laws of the State of Florida will govern these Terms, without giving effect to any principles of conflicts of laws. GDC America Inc reserves the right to make changes to its Platform, the Service and the Terms at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of Florida for any litigation arising out of or relating to use of or purchase made through the Platform (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Florida courts and agrees not to plead or claim in any Florida court that such litigation brought therein has been brought in an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform or Service (or any part thereof) with or without notice.
12. Entire Agreement
These Terms, together with all other items incorporated herein by reference, embodies the entire agreement and understanding between You and the Company with respect to the Platform and the Service.