MyBetplace

Use of and Membership in the MyBetPlace Services is void where prohibited.  By using the MyBetPlace Services, you represent and warrant that
(a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information;
(c) you are 13 years of age or older or have specific and explicit authority to use MyBetPlace.com from a parent or guardian; and
(d) your use of the MyBetPlace Services does not violate any applicable law or regulation.  Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age without specific and explicit permission from a parent or guardian.  All Members that are not at least 14 years old shall make their Membership information including password available to a parent or guardian.  If you do not qualify to use MyBetPlace.com, you must refrain from doing so.  A member can not wager for anything of monetary value under any circumstances if they are not at least 21 years of age.  Participation in friendly wagers is open only to residents of those jurisdictions where such participation is legal and not prohibited by law.  Entering into friendly wagers is void wherever prohibited by law. 

This Agreement shall remain in full force and effect while you use the MyBetPlace Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page.  MyBetPlace.com may terminate your Membership at any time, without warning.  Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

When you sign up to become a Member, you will be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.  You agree to notify MyBetPlace.com immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.

The MyBetPlace Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MyBetPlace.com.  Illegal and/or unauthorized use of the MyBetPlace Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MyBetPlace Website is prohibited.  Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges if not approved by MyBetPlace.com.  Appropriate legal action will be taken for any illegal or unauthorized use of the MyBetPlace Services.

5.1. MyBetPlace.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MyBetPlace Services.  After posting your Content to the MyBetPlace Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.  By displaying or publishing ("posting") any Content on or through the MyBetPlace Services, you hereby grant to MyBetPlace.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MyBetPlace Services.
Without this license, MyBetPlace.com would be unable to provide the MyBetPlace Services.  For example, without the right to modify Member Content, MyBetPlace.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, MyBetPlace.com could not allow Users to listen to music posted by Members.  The license you grant to MyBetPlace.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to MyBetPlace.com), fully-paid and royalty-free (meaning that MyBetPlace.com is not required to pay you for the use on the MyBetPlace Services of the Content that you post), sublicensable (so that MyBetPlace.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the MyBetPlace Services), and worldwide (because the Internet and the MyBetPlace Services are global in reach).  This license will terminate at the time you remove your Content from the MyBetPlace Services.  The license does not grant MyBetPlace.com the right to sell your Content, nor does the license grant MyBetPlace.com the right to distribute your Content outside of the MyBetPlace Services.
5.2. You represent and warrant that: (i) you own the Content posted by you on or through the MyBetPlace Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the MyBetPlace Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the MyBetPlace Services.
5.3. The MyBetPlace Services contain Content of MyBetPlace.com ("MyBetPlace.com Content").  MyBetPlace.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MyBetPlace.com owns and retains all rights in the MyBetPlace.com Content and the MyBetPlace Services.  MyBetPlace.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MyBetPlace.com Content (excluding any software code) solely for your personal use in connection with viewing the MyBetPlace Website and using the MyBetPlace Services.

5.4. The MyBetPlace Services contain Content of Users and other MyBetPlace.com licensors.  Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the MyBetPlace Services.

You acknowledge that MyBetPlace.com reserves the right to charge for the MyBetPlace Services and to change its fees, if any, from time to time in its discretion.  If MyBetPlace.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees paid, if any.

MyBetPlace.com reserves the right to e-mail Members with any announcements pertaining to participation in MyBetPlace.com or any activities conducted through MyBetPlace.com, and any such e-mail will not be marked as spam or otherwise filtered to prevent Members from receiving and viewing the e-mail.

MyBetPlace may award random prizes to Members.  Only registered Members that log in to MyBetPlace.com are eligible for prizes.  MyBetPlace.com reserves the right on how and when these random prizes are transferred to Members.  Members may be limited to one entry per drawing for a predetermined time period.  For each drawing, after the predetermined time period expires, Members may enter a drawing again.  MyBetPlace.com shall determine the amount of the random prize and may change this amount from time to time.  MyBetPlace.com may notify any and all Members of prize winning Member usernames by any means, for example, instant messaging, text messaging, emails, notices, etc.  No purchase is necessary by Members to be eligible to win Random Prizes.  Any taxes that may be owed are the sole responsibility of winning Members.

9.1. MyBetPlace.com may delete any Content that in the sole judgment of MyBetPlace.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.  MyBetPlace.com assumes no responsibility for monitoring the MyBetPlace Services for inappropriate Content or conduct.  If at any time MyBetPlace.com chooses, in its sole discretion, to monitor the MyBetPlace Services, MyBetPlace.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
9.2. You are solely responsible for the Content that you post on or through any of the MyBetPlace Services, and any material or information that you transmit to other Members and for your interactions with other Users.  MyBetPlace.com does not endorse and has no control over the Content.  Content is not necessarily reviewed by MyBetPlace.com prior to posting and does not necessarily reflect the opinions or policies of MyBetPlace.com.  MyBetPlace.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MyBetPlace Services.  MyBetPlace.com reserves the right to investigate and take appropriate legal action against anyone who, in MyBetPlace.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the MyBetPlace Services and terminating the Membership of such violators.  Prohibited Content includes, but is not limited to Content that, in the sole discretion of MyBetPlace.com:
10.1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
10.2. harasses or advocates harassment of another person;
10.3. exploits people in a sexual or violent manner;
10.4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
10.5. solicits personal information from anyone under 18;
10.6. provides any telephone numbers, street addresses, last names;
10.7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
10.8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
10.9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10.10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10.11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
10.12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
10.13. involves commercial activities and/or sales without our prior written consent;
10.14. includes a photograph of another person that you have posted without that person's consent; or
10.15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the MyBetPlace Website and through your use of the MyBetPlace Services.  MyBetPlace.com reserves the right to investigate and take appropriate legal action against anyone who, in MyBetPlace.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
10.16. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
10.17. advertising to, or solicitation of, any Member to buy or sell any products or services through the MyBetPlace Services without approval of MyBetPlace.com.  You may not transmit any chain letters or junk email to other Members.  It is also a violation of these rules to use any information obtained from the MyBetPlace Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.  In order to protect our Members from such advertising or solicitation, MyBetPlace.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MyBetPlace.com deems appropriate in its sole discretion.  If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MyBetPlace Services, you acknowledge that you will have caused substantial harm to MyBetPlace.com, but that the amount of such harm would be extremely difficult to ascertain.  As a reasonable estimation of such harm, you agree to pay MyBetPlace.com $75 for each such unsolicited email or other unsolicited communication you send through the MyBetPlace Services;
10.18. covering or obscuring the banner advertisements on your personal profile page, or any MyBetPlace.com page via HTML/CSS or any other means;
10.19. any automated use of the system, such as using scripts to add friends or send comments or messages;
10.20. interfering with, disrupting, or creating an undue burden on the MyBetPlace Services or the networks or services connected to the MyBetPlace Services;
10.21. attempting to impersonate another Member or person;
10.22. for MyBetBand profiles, copying code for any players and embedding it into other profiles or asking other Members to embed it into their profiles;
10.23. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
10.24. selling or otherwise transferring your profile;
10.25. using any information obtained from the MyBetPlace Services in order to harass, abuse, or harm another person;
10.26. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MyBetPlace Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or using the MyBetPlace Services in a manner inconsistent with any and all applicable laws and regulations.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.  It is the policy of MyBetPlace.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to MyBetPlace.com by the copyright owner or the copyright owner's legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the MyBetPlace Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the MyBetPlace Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.  MyBetPlace.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, MyBetPlace.com, LLC, 1870 Town & Country Dr., Norco, CA 92860; Facsimile: (888) 220-6205; Attn: Copyright Agent; and email:copyrightagent@mybetplace.com.

MyBetPlace.com is not a gambling business, a bookie, a gambling house, or a sports book.  MyBetPlace.com is a community of individuals and groups (and sub-groups) to allow Members to engage in friendly wagers where the Members, themselves, establish their own terms, including the wager, odds, time limit on execution of a friendly wager, and end term of the friendly wager.  MyBetPlace.com is not involved in wager outcomes, but may report a winner between two or more persons, teams, etc. taking place in an event, such as a sporting event. 

Whether a Member decides to wager or not with another Member, MyBetPlace.com does not take part in any part of such friendly wager.  It is up to the Members to complete any friendly Wagers entered into.  It is up to Members to comply with any Wagering laws, whether governed federally or by State.  As a friendly wager participant, if the Wager participants do not agree on the final outcome of a friendly wager or the winner of a friendly wager, MyBetPlace.com shall only inform the participants of an outcome of an event based on general industry knowledge and official results as determined by a governing body.

You are solely responsible for your interactions with other MyBetPlace.com Members.  MyBetPlace.com reserves the right, but has no obligation, to monitor disputes between you and other Members.  Unfulfilled friendly wagers may result in termination of wager privileges.  Reputation of Members can and will be affected for unexecuted friendly wagers.  MyBetPlace.com uses a MyBetRep method of collecting feedback from other Members.  Only eligible Members without negative feedback or MyBetReps can participate in wagers.  You may not take any actions that may undermine the integrity of your MyBetRep.  You agree that MyBetPlace.com shall have full and complete authority to take measures to prevent Members with a negative MyBetRep from registering as a new Member.  Information may be uploaded, downloaded; programs, processes, etc. may run on your computer(s) to write/read information, etc.

If you have a dispute with one or more wager Members, you release MyBetPlace (and MyBetPlace's employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents, advisors, and retailers) from claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes.

MyBetPlace.com makes it easy to express yourself, find people interested in the same or different things you are, etc., but remember that your posting publicly could embarrass you or expose you to danger.  Some common sense guidelines when using MyBetPlace.com are as follows:
I. Don't forget that your profile and MyBetPlace pages are public places. Don't post anything you wouldn't want the world to know (e.g., your phone number, address, IM screens name, or specific whereabouts).  Avoid posting anything that would make it easy for a stranger to find you, such as where you hang out every day after school.
II. People aren't always who they say they are.  Be careful.  It's fun to connect with new Members from all over the world, but avoid meeting people in person whom you do not fully know.  If you must meet someone, do it in a public place and bring a friend or trusted adult.
III. Harassment, hate speech and inappropriate content should be reported.  If you feel a Member’s behavior is inappropriate, react.  Talk with a trusted adult, or report it to MyBetPlace.com or the authorities.
IV. Don't post anything that would embarrass you later. Think twice before posting a photo or info you wouldn't want your parents, teachers, relatives or boss to see!
V.Don't mislead people into thinking that you're older or younger.  If you are under 13 and pretend to be older, customer service will delete your profile.  If you are over 18 and pretend to be a teenager to contact underage users, customer service will delete your profile.
VI. Don’t get hooked by a phishing scam.  Phishing is a method used by people to try to get your personal information, such as your username and password, by pretending to be a site you trust, mimicking a page where you would normally enter private information, having a link that seems legitimate but actually points to another link, email, or website.

Use of the MyBetPlace Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

MyBetPlace.com is not responsible for any incorrect or inaccurate Content posted on the MyBetPlace Website or in connection with the MyBetPlace Services, whether caused by Users of the MyBetPlace Services or by any of the equipment or programming associated with or utilized in the MyBetPlace Services.  Profiles created and posted by Members on the MyBetPlace Website may contain links to other websites.  MyBetPlace.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by MyBetPlace.com.  Inclusion of any linked website on the MyBetPlace Services does not imply approval or endorsement of the linked website by MyBetPlace.com.  When you access these third-party sites, you do so at your own risk. MyBetPlace.com takes no responsibility for third party advertisements which are posted on the MyBetPlace Website or through the MyBetPlace Services, nor does it take any responsibility for the goods or services provided by its advertisers.  MyBetPlace.com is not responsible for the conduct, whether online or offline, of any User of the MyBetPlace Services.  MyBetPlace.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.  MyBetPlace.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or content player due to technical problems or traffic congestion on the Internet or on any of the MyBetPlace Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the MyBetPlace Services.  Under no circumstances shall MyBetPlace.com be responsible for any loss or damage, including personal injury or death, resulting from use of the MyBetPlace Services, attendance at a MyBetPlace.com event, from any Content posted on or through the MyBetPlace Services, or from the conduct of any Users of the MyBetPlace Services, whether online or offline.  The MyBetPlace Services are provided "AS-IS" and as available and MyBetPlace.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.  MyBetPlace.com cannot guarantee and does not promise any specific results from use of the MyBetPlace Services.

IN NO EVENT SHALL MYBETPLACE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MYBETPLACE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYBETPLACE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MYBETPLACE.COM FOR THE MYBETPLACE SERVICES DURING THE TERM OF MEMBERSHIP.

Software available in connection with the MyBetPlace Services (the "Software") is further subject to United States export controls.  No Software may be downloaded from the MyBetPlace Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

If there is any dispute about or involving the MyBetPlace Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles.  Either MyBetPlace.com or you may demand that any dispute between MyBetPlace.com and you about or involving the MyBetPlace Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent MyBetPlace.com from seeking injunctive relief in a court of competent jurisdiction.

You agree to indemnify and hold MyBetPlace.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the MyBetPlace Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the MyBetPlace Website or through the MyBetPlace Services causes MyBetPlace.com to be liable to another.

This Agreement is accepted upon your use of the MyBetPlace Website or any of the MyBetPlace Services and is further affirmed by you becoming a Member.  This Agreement constitutes the entire agreement between you and MyBetPlace.com regarding the use of the MyBetPlace Services.  The failure of MyBetPlace.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  The section titles in this Agreement are for convenience only and have no legal or contractual effect.  MyBetPlace is a trademark of MyBetPlace.com, LLC.  This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.