Terms of Service - What you need to know.
Welcome
to Covers.com. Basically, what's on these sites belong to us,
and we are not responsible for you. The following terms and conditions apply to
your use of these Websites, including access to the Services (as defined below)
and Content (as defined below) available through the Website. Please read these
terms and conditions carefully before using the Website, accessing the Content
and/or using the Services. BY USING THE
WEBSITE, THE SERVICES, OR THE CONTENT, YOU ARE CONSENTING TO THE TERMS AND
CONDITIONS IN THIS TERMS OF SERVICE AGREEMENT AS THEY APPLY TO YOU AND YOUR
USAGE AND ACCESS. Your use of the Website, the Content, and the
Services is also subject to all applicable laws and regulations. If you do not
agree to any of the terms of service in this agreement (the "TOS"),
you should not use the Website, the Services, or the Content. Your use of the
Website, the Content, and the Services is also governed by our Privacy Policy,
which is available through a link on our homepage as well as most of the other
pages on the Website.
We hope you
enjoy Covers.com!
1.TERMS OF
SERVICE
Covers.com provide the Website, the Content, and the Services to you subject
to the following Terms of Service ("TOS"). The TOS may be updated by
us from time to time without notice to you. We suggest that from time to time
you review the TOS for possible changes. In addition, when using any Services
or accessing any Content, you will be subject to any posted guidelines or rules
applicable to such Services or Content. All such additional guidelines or rules
are hereby incorporated by reference into the TOS.
2.SERVICES
AND CONTENT
Covers.com currently provides users with various features and services,
including statistical review, contests, handicapper picks, and other
interactive and non-interactive features, all of which may be updated, deleted,
or otherwise modified from time to time at the discretion of Covers.com. In
addition, Covers.com provides access to certain photographs, text, images,
statistics, logos, and other media and intellectual property related to or
otherwise associated with Covers.com. Unless stated otherwise, the Website,
the Services, and the Content are subject to the TOS. You understand and agree
that the Website, the Services, and the Content are provided "AS IS"
and that Covers.com assume no responsibility in connection with your use of the
Website, the Services, or the Content. The Website, the Services, and the
Content are provided for your non-commercial entertainment and enjoyment. Under
the TOS, you may download certain Content and Services available on the Website
to a single personal computing device for your use and entertainment. However,
you may not distribute, modify, republish, or publicly display any of the
Content or Services unless you have the prior written permission of Covers.com,
which permission may be withheld at Covers.com’s sole discretion.
3.DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
a.YOUR USE OF
THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE,
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. COVERS.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 AND
NON-INFRINGEMENT.
b.COVERS.COM MAKE NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR THE CONTENT
WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE
SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE
SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
c.ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES
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
DOWNLOAD OF ANY SUCH MATERIAL.
d.NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR
THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
4.LIMITATION
OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT COVERS.COM 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 (EVEN IF COVERS.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE WEBSITE, THE SERVICES, OR THE CONTENT; (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, THE SERVICES, OR THE CONTENT; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES, OR IN
THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, OR
THE CONTENT.
5.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 OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
6. ACCESS TO
SERVICES
In order to use
the Website or the Services or access the Content, you must obtain access to
the World Wide Web and pay any service fees associated with such access. In
addition, you must provide all equipment necessary to make such connection to
the World Wide Web, including a computer and modem or other access device.
7. BACKGROUND
INFORMATION
In order to use
the Services, you may be required to register with Covers.com by providing certain
information about yourself, including your name and e-mail address. In consideration
of your use of the Services, you agree to provide true, accurate, current and
complete information about yourself as requested in connection with the provision
of and/or registration for any of the Services, subject, of course, to all
applicable laws. If you provide any information that is untrue, inaccurate, not
current, or incomplete, or Covers.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current, or incomplete, Covers.com has the
right to suspend or terminate your password and/or refuse any and all current or
future use of the Services.
8.ACCESS BY
MINORS
You must be at least 18
years old to register and claim prizes at Covers Media Group Ltd. If you are under 18
years of age, you are not permitted to use the Websites or the Services or to
access the Content.
9.PRIVACY
POLICY
All information
collected about you during registration for use of the Services will be used in
accordance with our Privacy Policy and all applicable laws. Click here to view our privacy policy.
10.MEMBER
PASSWORD AND SECURITY
You will receive
a password upon completing the registration process for use of the Services.
You are responsible for maintaining the confidentiality of the password, and
are fully responsible for all activities that occur under your password.
Covers.com cannot and will not be liable for any loss or damage arising from
your failure to comply with this Section 7.
11.MEMBER
CONDUCT
You agree that
in connection with your use of the Website, the Services, and the Content you
will not:
a. upload, post,
email or otherwise transmit any content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of anyone's privacy, hateful, or racially, ethnically or otherwise
objectionable;
b. harm or
attempt to harm minors in any way;
c. impersonate
any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity;
d. upload, post,
email or otherwise transmit any content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
e.upload, post,
email or otherwise transmit any content that infringes any patent, trademark,
trade secret, copyright or other intellectual property right of any party;
f. upload, post,
email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
g. upload, post,
email or otherwise transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or telecommunications
equipment;
h. interfere
with or disrupt the Website, the Services, the Content or servers or networks
connected to the Website, the Services or the Content, or disobey any
requirements, procedures, policies or regulations of networks connected to the
Website, the Services and/or the Content;
i. intentionally
or unintentionally violate any applicable local, state, national or
international law.
j. reproduce,
republish, download, post, transmit, distribute, copy, publicly display or
otherwise use any Content or any derivative works based on the Website,
Services, Content or the Software, in whole or in part.
12.USER
MESSAGES
a.With respect
to any messages, information, data, graphics, photographs, images, creative
ideas, concepts, know-how, techniques, suggestions or improvements or other
content that you transmit, submit, post or upload to the Website and/or in
connection with any of the Services (each, "Message"), you are, by
transmitting or uploading such Message, granting Covers.com and a
perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and
irrevocable right and license to use, reproduce, modify, publish, translate,
prepare derivative works based upon, and distribute such Message for any
purpose and in any form. This license is granted automatically and no payment
of any kind will be due to you. At times, Covers.com may solicit Messages
from users. Your provision of any such Messages in response to a
solicitation by Covers.com shall be subject to a grant of a license to
Covers.com as specified above.
b.When any user
posts any Message to the Website or any of the Services, Covers.com shall
have the right, but not the obligation, to review, edit or delete any Message
for any reason, at Covers.com’s sole discretion. It is Covers.com’s policy
to fully cooperate with law enforcement authorities and court orders which
request or require Covers.com to disclose personal information or the
postings of anyone posting Messages to the Website or any of the Services.
Although Covers.com may monitor and/or review Messages from time to time, it
is under no obligation to do so and does not assume any liability or
responsibility with respect to any Messages including those that contain
errors, defamatory content, pornography, profanity or inaccuracies.
c.You
acknowledge and agree that Covers.com may preserve Messages and may also
disclose Messages if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that any
Message violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of Covers.com, its users and the public. You
understand that the technical processing and transmission of the Services,
including Messages, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of
connecting networks or devices.
13.VOTING
Covers.com may offer you the opportunity to vote in connection with certain
events. By casting your vote, you are agreeing to abide by the TOS and any and
all voting guidelines posted on the Website.
14.INDEMNITY
You agree to
indemnify, defend and hold harmless Covers.com, the directors, governors,
owners, other officials, partners, partnerships, principals, employees,
affiliates and other related entities, servants, agents, representatives,
successors and assigns from and against any claim or demand, including
reasonable attorneys' fees, arising out of Messages you post to, submit or
transmit through the Website or the Services, your use of the Website or the
Services, your connection to the Website or the Services, your violation of
the TOS, or your violation of any rights of another.
15.MODIFICATIONS
TO WEBSITE, INCLUDING THE SERVICES
Covers.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Website or Services (or any part
thereof) with or without notice.
16.TERMINATION
You agree that Covers.com, in its sole discretion, may terminate your
password or use of the Website and/or the Services, and remove and discard any
Message within the Services, for any reason, including, without limitation, for
lack of use or if Covers.com believe that you have violated or acted
inconsistently with the letter or spirit of the TOS. Covers.com may also in its
sole discretion and at any time discontinue providing the Website or the
Services, or any part thereof, with or without notice. You agree that any
termination of your access to the Services under any provision of this TOS may
be effected without prior notice, and acknowledge and agree that Covers.com may
immediately deactivate or delete your password and all related information
and/or files corresponding to your password and/or bar any further access to
such files or the Services.
17.COVERS.COM ADVERTISERS AND VENDORS
Your
correspondence or business dealings with, or participation in promotions of,
advertisers and vendors found on or through the Services or the Website,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser and/or vendor. You agree that
Covers.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 vendors on the Website or in connection with
the Services. ALL OF YOUR BUSINESS DEALINGS WITH VENDORS AND
ADVERTISERS APPEARING ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES SHALL
BE AT YOUR SOLE RISK.
18.LINKING
The Website
and/or Services may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Covers.com have no control over such sites
and resources, you acknowledge and agree that Covers.com are not responsible
for the availability of such external sites or resources, and do not endorse
and are 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 Covers.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.
19.PROPRIETARY
RIGHTS
Services and
Content are the property of Covers.com and are licensed to Covers.com
and may not be reproduced without the prior written consent of Covers.com.
You further acknowledge and agree that (i) any necessary software used in
connection with the Website, the Services, and the Content (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 Covers.com; and (ii) content contained in
sponsor advertisements or information presented to you through the Website,
the Services, and the Content or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
EXCEPT AS EXPRESSLY AUTHORIZED BY COVERS.COM, OR ADVERTISERS, 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
WEBSITE, SERVICES, CONTENT 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 Services. You agree not to access the
Services by any means other than through the interface that is provided
byCovers.com for use in accessing the Services.
20.NOTICE
Notices to you
may be made via either email or regular mail. The Website may also provide
notices of changes to the TOS or other matters by displaying notices or links
to notices to you generally on the Services.
21.LINKING TO
THE WEBSITE
No link to the
Website may be "framed" to the extent such frame contains any
sponsorship, advertising, or other commercial text or graphics. All links to
the Website must be to www.covers.com, the Website home pages.
"Deep Linking" to internal pages of the Website is expressly
prohibited.
22.GENERAL
PROVISIONS
The TOS constitute the entire agreement between you and Covers.com and
governs your use of the Websites, the Services, and access to the Content,
superseding any prior agreements between you and Covers.com. You also may be
subject to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software. The TOS and
the relationship between you and Covers.com shall be governed by the laws of
Ireland without regard to its conflict of law provisions. You and Covers.com
agree to submit to the personal and exclusive jurisdiction of the courts
located within the country of Ireland. The failure of Covers.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. 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 Services or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles in the TOS are
for convenience only and have no legal or contractual effect. The Laws and
Courts of Ireland govern any dispute arising out of the use of the web site.
If you have any
questions or comments about our use of personal information, please contact us
at:
Covers Media Group Ltd.
Victoria House, Victoria Place
Eyre Square, Galway, Ireland
Ireland
You may contact us through our feedback page
You may contact us by phone on 1-866-662-6837