Terms of Service
Welcome to Covers.com. The following terms of service (the "TOS") 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, 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 " IS" AND " 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.
When you register with Covers you are limited to one (1) username per person/email address. An "
account holder" is defined as the natural person to whom the email address is assigned by an internet service
provider, online service provider or other organization (e.g. business, educational institution etc.) that is
responsible for assigning email addresses for the domain associated with the submitted email address.
In order to use the Services you are required to review all site specific guidelines:
Forum/Community guidelines are here.
Covers Contest guidelines:
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 page. "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 1-800-840-9677