Whodoyoulike.com
Terms of Service
Last Updated on June 26, 2009
ACCEPTANCE OF TERMS
Whodoyoulike.com provides its service to you subject to the following Terms of Service
(“TOS”). We may update this TOS by posting a new version at http://www.whodoyoulike.com/TermsandConditions.aspx,
and your continued use of the service after any such update constitutes your binding
acceptance of such changes. In the event of a material change to this TOS, we will
provide notice in an appropriate manner (for example, on our home page or via email),
at our discretion. Changes to this TOS will not apply retroactively.
DESCRIPTION OF SERVICE
Whodoyoulike.com offers a community forum for discussions about Horse Racing whether
you are at home or on the go. Whodoyoulike.com brings together racing fans where
they can follow each other as they discuss tracks, races, horses, jockeys and more.
Unless explicitly stated otherwise, any new features that augment or enhance the
current Website shall be subject to this TOS.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Website, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. By registering
with us, you agree to provide accurate, current and complete information about yourself
as prompted (such information being the “Registration Data”) and maintain and promptly
update the Registration Data to keep it accurate, current and complete. If you provide
any information that is inaccurate, not current or incomplete, or Whodoyoulike.com
has reasonable grounds to suspect that such information is inaccurate, not current
or incomplete, Whodoyoulike.com may deny you access to areas requiring registration,
at its sole discretion.go to top
Registration for the Website requires a Twitter account and a working email address.
PRIVACY POLICY
Your Registration Data, as well as information that you may provide at other times
during your use of the Website, is subject to our Privacy Policy (available
HERE),
which is incorporated by reference into this TOS.go to top
ACCOUNT PASSWORD AND SECURITY
The Website may contain some features that require registration (“Restricted Areas”).
You are responsible for maintaining the confidentiality of your Twitter password,
and are fully responsible for all uses of your Twitter account in conjunction with
Whodoyoulike.com, whether by you or others. You agree to (a) keep your Twitter password
confidential and not share it with anyone else for use on the Whodoyoulike.com site;
(b) immediately notify Whodoyoulike.com of any unauthorized use of your Twitter
account or any other breach of security; and (c) use only your own Twitter account
to access the Website’s Restricted Areas. Whodoyoulike.com cannot and will not be
liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Whodoyoulike.com is authorized to act on instructions
received through use of your Twitter account, and that Whodoyoulike.com may, but
is not obligated to, deny access or block any transaction made through use of your
Twitter account without prior notice if we believe your account is being used by
someone other than you, or for any other reason.go to top
As a result of your registration for the Website, you may receive certain commercial
communications from Whodoyoulike.com related to content found on the Website. You
understand and agree that these communications are part of your registration.
You acknowledge, consent and agree that Whodoyoulike.com may access, preserve and
disclose your account information and content if required to do so by law or in
a good faith belief that such access, preservation, or disclosure is reasonably
necessary: (i) to comply with legal process; (ii) to enforce the TOS; (iii) to respond
to claims that any content violates the rights of third parties; (iv) to respond
to your requests for customer services; or (v) to protect the rights, property,
or personal safety of Whodoyoulike.com, its users and the public.go
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USER CONDUCT
By using the Website, it is your responsibility to know, understand and abide by
our rules of use. These rules are not meant to be exhaustive, and Whodoyoulike.com
reserves the right to determine what types of conduct it considers to be inappropriate
use of the Website and to take such measures as it sees fit. Whodoyoulike.com reserves
the right to add to or amend this list of rules at any time.go
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You agree that you will not use the Website to:
- post, email, transmit, upload, or otherwise make available content
that harasses, abuses, or threatens other users, that contains profanity, or obscene
or otherwise objectionable content, or that degrades others on the basis of gender,
race, class, ethnicity, national origin, religion, sexual preference, disability
or other classification.
- stalk or otherwise harass another.
- post, email, transmit, upload, or otherwise make available content
that contains any other party’s intellectual property unless you have the right
to do so.
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through the Website.
- impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity.
- post spam or other advertisements or solicitations, solicit
funds, promote commercial entities, or otherwise engage in commercial activity except
as explicitly allowed herein.
- post, email, transmit, upload, or otherwise make available any
material that contains software viruses or any other computer code, files or programs
designed or functioning to interrupt, destroy, or limit the functionality of any
computer software or hardware or telecommunications equipment.
- interfere with or disrupt the Website or servers or networks
connected to the Website, or disobey any requirements, procedures, policies or regulations
of networks connected to the Website.
- intentionally or unintentionally violate any applicable local,
state, national or international law.
- promote illegal gambling or wagering
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Violation of our rules may result in the removal of your content from the Website
and/or the canceling of your account.
You understand that all postings and contents submitted by users (“User Materials”),
whether privately transmitted or made publicly available, are the sole responsibility
of the person from which such User Materials originated. This means that you, not
Whodoyoulike.com, are entirely responsible for all User Materials that you upload,
post, share, email, transmit, or otherwise make available via the Website. Under
no circumstances will Whodoyoulike.com be liable in any way for any User Materials
uploaded, posted, shared, emailed, transmitted or otherwise made available via the
Website.go to top
You acknowledge that Whodoyoulike.com may or may not pre-screen User Materials,
but that Whodoyoulike.com and its designees have the right (but not the obligation)
in their sole discretion to pre-screen, refuse, permanently delete, and/or move
any User Materials that are available via the Website. Without limiting the foregoing,
Whodoyoulike.com and its designees shall have the right to remove any User Materials
that violate the TOS or are otherwise objectionable in Whodoyoulike.com’s sole discretion.
You understand that by using the Website, you may be exposed to User Materials that
you may consider to be offensive or objectionable. You agree that you must evaluate,
and bear all risks associated with, the use or disclosure of any User Materials.
You further acknowledge and agree that you will not rely on any content available
on or through the Website.go to top
With respect to User Materials you directly submit or make available on the Website,
you grant Whodoyoulike.com an irrevocable, fully sub-licensable, perpetual, world-wide,
royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such User Materials (in
whole or in part) and to incorporate such User Materials into other works in any
format or medium now known or later developed.go to top
INDEMNITY
You agree to defend, indemnify and hold harmless Whodoyoulike.com, its affiliates,
employees, contractors, telecommunication providers, content providers, and assignees
and their respective officers, directors, employees and agents from and against
any and all liabilities, claims, actions, demands, damages, costs, losses and expenses
(including reasonable attorney's fees) made by any third party due to or arising
out of your use of the Website, any transaction resulting from use of the Website,
your connection to the Website, your violation of this TOS, your submission, posting,
or transmission of User Materials to the Website, and/or your violation of any rights
of another.go to top
MODIFICATIONS TO SERVICE
Whodoyoulike.com reserves the right at any time to modify or discontinue, temporarily
or permanently, the Website (or any part thereof), including the Restricted Areas,
with or without notice. You agree that Whodoyoulike.com shall not be liable to you
or any third party for any modification, suspension or discontinuance of the Website.
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TERMINATION
You agree that Whodoyoulike.com may, in its sole and absolute discretion and without
notice or liability to you or any third party, immediately terminate your access
to the Restricted Areas. Grounds for such termination shall include, but not be
limited to, (a) breaches or violations of the TOS or other agreements or guidelines,
(b) requests by law enforcement or government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification of the Website (or
any part thereof), (e) unexpected technical or security issues or problems, and
(f) extended periods of inactivity. Termination of your account(s) may include (a)
removal of access to all offerings within the Website’s Restricted Areas, (b) at
Whodoyoulike.com’s sole discretion, the deletion of all of your Website account
information, User Materials, and other content associated with your Website account
(or any part thereof), and (c) barring further use of the Website’s Restricted Areas.
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DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers, buyers, sellers, or agents found on or through the Website, including
payment for and delivery of related goods, services, or real property, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such third party. You agree that Whodoyoulike.com shall
not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such advertisers
or third parties on the Website.go to top
LINKS
The Website may provide links to other World Wide Web sites or resources. Because
Whodoyoulike.com has no control over such sites and resources, you acknowledge and
agree that Whodoyoulike.com is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Whodoyoulike.com shall not
be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or resource.go to top
OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Website are
owned by Whodoyoulike.com or its licensors. You acknowledge and agree that the Website
contains proprietary and confidential information that is protected by applicable
intellectual property and other laws. Except as expressly authorized by Whodoyoulike.com,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Website, in whole or in part.go to top
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHODOYOULIKE.COM EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, AND NON-INFRINGEMENT. WHODOYOULIKE.COM ASSUMES NO RESPONSIBILITY FOR THE
TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE
ANY PERSONALIZATION SETTINGS OR USER MATERIALS.
- ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE
IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OR USE OF ANY SUCH CONTENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM WHODOYOULIKE.COM OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
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LIMITATION ON LIABILITY
YOU UNDERSTAND AND AGREE THAT WHODOYOULIKE.COM SHALL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WHODOYOULIKE.COM HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.go to top
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. Accordingly,
some of the above limitations may not apply to you.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
NOTICE
Whodoyoulike.com may provide you with notices, including those regarding changes
to the TOS, by either email, regular mail, or postings on the Website; provided,
however, that this Section places no requirements on Whodoyoulike.com not already
expressly set forth herein.
TRADEMARK INFORMATION
Whodoyoulike.com and/or other Whodoyoulike.com products referenced herein include
either registered or unregistered trademarks of Whodoyoulike.com and others. Nothing
contained on the Whodoyoulike.com web site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademark displayed on the
web site without the written permission of Whodoyoulike.com or such third party
that may own the trademarks displayed on the web site. Your misuse of the Whodoyoulike.com
trademarks displayed on the web site, or any other content on the web site, except
as provided in this TOS, is strictly prohibited. You are also advised that Whodoyoulike.com
will aggressively enforce its intellectual property rights to the fullest extent
of the law, including seeking criminal prosecution.go to top
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Whodoyoulike.com may, in appropriate circumstances and at its discretion, disable
and/or terminate the accounts of users who infringe the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated, please provide Whodoyoulike.com’s Copyright Agent a Notice containing
the following information:
- an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual
property that you claim has been infringed;
- a description of where the material that you claim is infringing
is located on the site;
- your address, telephone number, and email address;
- a 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;
- a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property owner’s
behalf.
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Whodoyoulike.com’s Copyright Agent for Notice of claims of copyright or other intellectual
property infringement can be reached in the following ways:
Copyright Agent
Whodoyoulike.com
5901 De Soto Avenue Woodland Hills, CA 91367
Facsimile: (818) 668-2101
E-mail: copyrightagent@whodoyoulike.com
Phone: (818) 668-2218
ARBITRATION
Any controversy or claim arising out of or relating to this Agreement, with the
exception of those controversies or claims specifically excluded below, shall be
settled by binding arbitration in accordance with the American Arbitration Association
(“AAA”) Commercial Arbitration Rules (“AAA Rules”), and, where appropriate, the
AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”).
The determination of whether a dispute is subject to arbitration shall be governed
by the Federal Arbitration Act and determined by a court rather than an arbitrator.
Your arbitration fees and your share of arbitrator compensation shall be governed
by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.
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You and Whodoyoulike.com agree that any arbitration shall be limited to the dispute
between Whodoyoulike.com and you individually. To the full extent permitted by law,
(1) no arbitration shall be joined with any other; (2) there is no right or authority
for any dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (3) there is no right or authority for any dispute to be brought
in a purported representative capacity on behalf of the general public or any other
persons. go to top
You and Whodoyoulike.com agree that the following disputes are not subject to this
binding arbitration provision: (1) any disputes seeking to enforce or protect, or
concerning the validity of, any of your or Whodoyoulike.com’s intellectual property
rights; (2) any dispute related to, or arising from, allegations of invasion of
privacy or unauthorized use; and (3) any claim for injunctive relief.
For any dispute not subject to arbitration, or where no election to arbitrate has
been made, you agree to submit to the personal and exclusive jurisdiction of the
federal and state courts located in Los Angeles, California. You further agree to
accept service of process by mail, and hereby waive any and all jurisdictional and
venue defenses otherwise available. Whodoyoulike.com controls the Website from its
offices within the United States of America, and the Website is intended for use
only in the United States of America. Whodoyoulike.com does not represent that the
materials on this Website are appropriate or made available for use outside of the
United States of America. go to top
CHOICE OF LAW
The TOS and the relationship between you and Whodoyoulike.com shall be governed
by the laws of the State of California without regard to its conflict of law provisions.
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and
Whodoyoulike.com with respect to your use of Whodoyoulike.com but does not affect
any prior agreements that may be in force between you and Whodoyoulike.com arising
out of your use of other Whodoyoulike.com products and services or your use of Whodoyoulike.com.
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Waiver and Severability of Terms. The failure of Whodoyoulike.com to exercise
or enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.go to top
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to the use
of the Website or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.go to top
Section Titles. The section titles in the TOS are for convenience only and
have no legal or contractual effect.
VIOLATIONS
You agree that you will report any violations of the TOS to mail@whodoyoulike.com.
MANAGEMENT
The Website is managed and maintained by Youbet.com, Inc. The Website and Youbet.com,
Inc. are referred to herein together as “Whodoyoulike.com,” “we,” “us,” “our”).