2. Sharing Your Content and Information
You own all of the content and information you post on THEOFFICEPOOL.COM, and you can control how it is shared through your privacy and account settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with THEOFFICEPOOL.COM ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you publish content or information using the "everyone" setting, it means that you are allowing everyone registered on THEOFFICEPOOL.COM, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about THEOFFICEPOOL.COM,
but you understand that we may use them without any obligation to compensate
you for them (just as you have no obligation to offer them).
We do our best to keep THEOFFICEPOOL.COM safe, but we cannot guarantee it.
We need your help to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on THEOFFICEPOOL.COM.
- You will not collect users' content or information, or otherwise access THEOFFICEPOOL.COM, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on THEOFFICEPOOL.COM.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on THEOFFICEPOOL.COM without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
- You will not use THEOFFICEPOOL.COM to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of THEOFFICEPOOL.COM, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
THEOFFICEPOOL.COM users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on THEOFFICEPOOL.COM, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use THEOFFICEPOOL.COM if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on THEOFFICEPOOL.COM that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on THEOFFICEPOOL.COM if we believe that it violates this Statement.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we reserve the right to disable your account when appropriate.
- You will not use our copyrights or trademarks (including THEOFFICEPOOL.COM and the THEOFFICEPOOL.COM Logos), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on THEOFFICEPOOL.COM.
- You will not tag users or send email invitations to non-users without their consent.
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
- Core functionality is provided for Mobile devices, but not all functionality will be accessible through handheld devices.
If you make a payment on THEOFFICEPOOL.COM or use THEOFFICEPOOL.COM Credits, you agree to our Payments Terms.
8. Special Provisions Applicable to Share Links
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
- You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
11. Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on THEOFFICEPOOL.COM. The following additional terms apply to you if you place an ad on THEOFFICEPOOL.COM:
- You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
- Your ads will comply with our Advertising Guidelines.
- We will determine the size, placement, and positioning of your ads.
- We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
- We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads. We do, however, have systems to detect and filter certain suspicious activity, learn more here.
- Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
- We can use your ads and related content and information for marketing or promotional purposes.
- You will not issue any press release or make public statements about your relationship with THEOFFICEPOOL.COM without written permission.
- We may reject or remove any ad for any reason. If you are placing ads on
someone else's behalf, we need to make sure you have permission to place those
ads, including the following:
- You warrant that you have the legal authority to bind the advertiser to this Statement.
- You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
- We can change this Statement if we provide you notice (by posting the change on the THEOFFICEPOOL.COM Site Governance Page) and an opportunity to comment. To get notice of any future changes to this Statement, visit our THEOFFICEPOOL.COM Site Governance Page and become a fan.
- If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
- We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of THEOFFICEPOOL.COM to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate,
- In the event of a dispute that cannot be solved by amicable negotiation, Members and THEOFFICEPOOL.COM agree to place their dispute before the American Arbitration Association, at a location agreeable to both.
- If anyone brings a claim against us related to your actions, content or information on THEOFFICEPOOL.COM, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP THEOFFICEPOOL.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THEOFFICEPOOL.COM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THEOFFICEPOOL.COM WILL BE SAFE OR SECURE. THEOFFICEPOOL.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THEOFFICEPOOL.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THEOFFICEPOOL.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THEOFFICEPOOL.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW
16. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on THEOFFICEPOOL.COM (such as advertising or payments) or operate a Platform application or website.
- Certain specific terms that apply only for German users are available here.
17. Special Provisions for users utilizing Pool Hosting Applications:
- THEOFFICEPOOL.COM provides registered users with a powerful and intuitive application for hosting private sports pools and reality pools online. In addition to the private pool and league hosting, THEOFFICEPOOL.COM provides tools.
- THEOFFICEPOOL.COM will make every reasonable effort to provide access on demand to members and Pool managers. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time prevent access to THEOFFICEPOOL.COM from all or part of the World Wide Web. THEOFFICEPOOL.COM will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. THEOFFICEPOOL.COM will not accept responsibility for any consequences resulting from disruptions in service.
- THEOFFICEPOOL.COM has made every reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the Internet, and every reasonable effort to ensure these programs are free of defects. THEOFFICEPOOL.COM will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any Members, Pool Managers or users.
Pool hosting applications are for Amusement Only
- THEOFFICEPOOL.COM provides its services for the purposes of private amusement and entertainment only.
- THEOFFICEPOOL.COM does not promote the conduct of unlicensed, illegal or professional gambling, and will not condone the use of its facilities for any such purpose. Any pool discovered to be conducting unlicensed, illegal or professional gambling may be disconnected at once without warning, and without any liability on THEOFFICEPOOL.COM's part to the parties disconnected.
- If your pool costs money to join and awards prizes, it may be considered illegal gambling in some juristictions. It is your responsibility to determine that your pool is legal in the juristictions of every participant. If your pool is not legal for every participant, then you may not use THEOFFICEPOOL.COM to host your pool.
- BY ACCEPTING THIS AGREEMENT YOU ACKNOWLEGE THAT Y0UR POOL IS LEGAL FOR EVERY PARTICIPANT IN EVERY JURISTICTION THEY PARTICIPATE FROM.
- By "THEOFFICEPOOL.COM" we mean the features and services we make available, including through (a) our website at www.THEOFFICEPOOL.COM.com and any other THEOFFICEPOOL.COM branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the like button, the share button and other similar offerings and (d) other media, software (such as a toolbar), all hosting applications for sports and reality pools, devices, or networks now existing or later developed.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on THEOFFICEPOOL.COM that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from THEOFFICEPOOL.COM or provide to THEOFFICEPOOL.COM through Platform.
- By "post" we mean post on THEOFFICEPOOL.COM or otherwise make available to us (such as by using an application).
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into THEOFFICEPOOL.COM at least once in the previous 30 days.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and AlphaSource Partners LLC DBA THEOFFICEPOOL.COM References to “us,” “we,” and “our” mean AlphaSource Partners LLC DBA THEOFFICEPOOL.COM, LLC.
- This Statement makes up the entire agreement between the parties regarding THEOFFICEPOOL.COM, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing THEOFFICEPOOL.COM.