Gamblersglen.com TERMS OF USE

                   WELCOME TO Gamblersglen.com! Please read these terms and conditions of use carefully before using gamblersglen.com

                   (the "Site"). Your access to and use of the Site is subject to the following terms and conditions

                   (including the Privacy Policy of the Site) and all applicable laws. By accessing and using this Site, you

                   signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not

                   use the Site. These Terms of Use may be amended or modified, or new conditions may be imposed,

                   at any time. Any such changes or additions will be reflected by an update of this posting. Please check

                   these Terms of Use periodically for changes. Your continued use of the Site following the posting of

                   changes to these terms will mean you accept those changes.

 

                   1. OWNERSHIP AND USE RESTRICTIONS

 

                   Gamblersglen.com shall be referred to herein as the "Operator."

 

                   The Operator maintains this Site for your personal entertainment, information, education, and

                   communication. Please feel free to browse the Site. You may download material displayed on the Site

                   to any single computer only for your personal, noncommercial use, provided you also maintain all

                   copyright and other proprietary notices contained on the materials. You may not, however, distribute,

                   reproduce, republish, display, modify, transmit, reuse, repost, or use any materials of the Site for

                   public or commercial purposes on any other Web site or otherwise without the written permission of the

                   Operator. Modification of any materials displayed on the Site is a violation of the Operators' copyright

                   and other proprietary rights.

 

 

                   2. MESSAGE FEATURES

 

                   The Site may offer opportunities for you to send messages or postings in connection with various

                   features including electronic mail, chats with special guests and forums to communicate with other

                   users ("Message Features"). In order to participate in any Message Feature, you may be required to

                   provide accurate and complete personal information consisting of your name and e-mail address,

                   which shall be collected pursuant to the Privacy Policy of this Site.

 

                   You must use Message Features in a responsible manner. You must not transmit any message

                   ("Message") in connection with any Message Feature that: (i) restricts or inhibits any other user from

                   using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous,

                   defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii)

                   constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense,

                   civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes

                   or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights

                   of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component;

                   (vi) contains any information, software or other material of a commercial nature; (vii) contains

                   advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or

                   misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject

                   matter of the Message Feature.

 

                   The Operator shall have the right, but not the obligation, in its sole discretion to review, edit or delete

                   any Message transmitted in any Message Feature that: (i) violates any term of these Terms of Use; or

                   (ii) is otherwise illegal, offensive or inappropriate. Depending on the nature of the violation, the

                   Operator shall have the sole discretion to terminate your access to the Site. Please be advised that the

                   Operator will fully cooperate with any law enforcement authorities or court order requesting or directing

                   the Operator to disclose personal information of anyone who submits a Message that violates the

                   foregoing terms in accordance with the Privacy Policy of the Site.

 

                   Although the Operator may from time to time monitor or review Messages submitted in discussions,

                   chats, postings, transmissions, bulletin boards, and the like on the Site, the Operator is under no

                   obligation to do so and assumes no responsibility or liability arising from the content of any Message

                   nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity,

                   danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not

                   constitute approval or endorsement by the Operator.

 

                   Messages submitted to the Site by electronic mail or otherwise, including any data, questions,

                   comments, suggestions or the like are, and will be treated as, nonconfidential and nonproprietary. By

                   submitting a Message to the Site, you acknowledge that any information disclosed by you therein (i)

                   may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii)

                   creates no confidential, fiduciary, contractually implied or other relationship between you and the

                   Operators other than pursuant to these Terms of Use; and (iv) is subject to the grant of rights to the

                   Operator described in paragraph 3 below.

 

                   3. SUBMISSIONS

 

                   By transmitting any Message (see Paragraph 2 above regarding "Messages") or submitting creative

                   ideas, concepts, know-how, techniques, suggestions or materials (collectively, "Submissions"), you are

                   automatically granting the Operator a perpetual, royalty-free, non-exclusive, unrestricted, worldwide

                   and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works

                   based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or

                   technology known or hereafter developed for any purpose, including, but not limited to, advertising

                   and promotional purposes (collectively, "Rights"). This means that anything submitted by you to

                   gamblersglen.com will be owned by Gamblersglen.com and may be used by Gamblersglen.com for any purpose, now

                   or in the future,

                   without any payment to, or further authorization by, you. All Submissions, whether solicited or

                   unsolicited, shall become and remain the property of the Operator. The Operator also has the right,

                   but not the obligation, to use your name in connection with the broadcast, print, online or other use or

                   publication of your Submission.

 

                   A. Solicited Submissions: At times, the Operator may solicit Submissions from visitors to Gamblersglen.com,

                   including, but not limited to, information, ideas, artwork or other materials. For information on how

                   solicited Submissions will be used, please review any notices of planned use posted where we solicit

                   the Submission. Your provision of information in response to such a solicitation is a grant by you to the

                   Operator of the Rights described above.

 

                  4. VOTES

 

                   The Site may offer you opportunities to vote in connection with certain events including All-Star Game

                   balloting for the NBA. By casting a vote, you signify your agreement to all voting guidelines set forth on

                   the Site as well as in these Terms of Use.

 

                   5. LINKS

 

                   The following restrictions apply to all links to the Site from any on-line, cable, wireless or other site,

                   service or browser:

 

                   A. Sites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites,

                   search engines, widely available Internet browsers) ("Permissible Sites") may link to Gamblersglen.com without

                   our express written permission.

 

                   B. All links to Site from a Permissible Site must be to the Site's Main page or to the main page of a

                   particular section -- links to internal pages within the Site other than the above mentioned are not permitted.

 

                   F. The posting or creation of any link to the Site signifies that you have read these Linkage

                   Restrictions and agree to abide by their terms.

 

                

                   6. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY

 

                   While the Operator uses reasonable efforts to include accurate and up to date information in the Site,

                   the Operator makes no warranties or representations as to its accuracy. The information contained in

                   or made available through the Site (including, but not limited to information contained on Message

                   Features or text files) cannot replace or substitute for the services of trained professionals in any field,

                   including, but not limited to, financial, medical or legal matters. The Operator assumes no liability or

                   responsibility for any errors or omissions in the content of the Site.

 

                   The Operator and its respective affiliates, owners, employees, directors, officers or shareholders

                   (collectively, the "Operator Parties") make no representation that the materials contained in the Site

                   are appropriate or authorized for use in all countries, states, provinces, county or any other

                   jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are

                   responsible for compliance with all applicable laws.

 

                   THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER

                   EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE

                   OPERATOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED

                   TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE

                   OPERATOR PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE

                   SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE

                   WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE

                   THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL

                   CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM

                   THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.

 

                   UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR

                   NEGLIGENCE, WILL THE OPERATOR PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,

                   PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN

                   CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS,

                   UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER

                   VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,

                   ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE

                   OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATOR

                   PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING

                   OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.

 

                   The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers of

                   the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an

                   endorsement by the Operator or any affiliate of any third party site or content. The Operator is not

                   responsible for the availability of these third party resources, or their contents. The Operator has not

                   reviewed any or all of the sites linked to the Site and are not responsible for the content of any off-Site

                   pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at

                   your own risk and without the permission of the Operator. By clicking on any such link, you

                   acknowledge that the Site has no control over, and makes no representations of any kind with respect

                   to, such other sites or any content contained within such other sites, and you hereby revoke any claim

                   against the Operator with respect to such other sites. You should direct any concerns regarding any

                   external link to its site administrator or Webmaster.

 

                   7. INDEMNIFICATION

 

                   You hereby agree to indemnify and hold Gamblersglen.com, vendors, business partners, and each of their

                   respective general and limited partners, members, shareholders,

                   directors, officers, employees, agents and representatives harmless from all claims, liabilities,

                   damages and expenses (including attorneys' fees and court costs) arising out of or relating to: (i) your

                   use of the Site, including, but not limited to use of any Message Feature and (ii) any

                   breach or alleged breach of these Terms of Use.

 

                   10. TERMINATION OF SERVICE

 

                   The Operator may change, suspend or discontinue any aspect of the Site at any time, including the

                   availability of any Site feature, database, or content. The Operator may also impose limits on certain

                   features and services or restrict your access to parts or the entire Site without notice or liability at any

                   time in the Operator's exclusive discretion, without prejudice to any legal or equitable remedies

                   available to the Operator, for any reason or purpose, including, but not limited to, conduct that the

                   Operator believes violates these Terms of Use or other policies or guidelines posted on the Site or

                   conduct which the Operator believes is harmful to other customers, to the Operator's business, or to

                   other information providers. Upon any termination of this agreement, you will immediately discontinue

                   your use and access of the Site and destroy all materials obtained from it.

 

                   11. SOFTWARE

 

                   Software and other materials from this Site may also be subject to United States Export Control. The

                   United States Export Control laws prohibit the export of certain technical data and software to certain

                   territories. No software from this Site may be downloaded or exported (i) into (or to a national or

                   resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States

                   has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially

                   Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Operator does

                   not authorize the downloading or exportation of any software or technical data from this Site to any

                   jurisdiction prohibited by the United States Export Laws.

 

                   12. CHOICE OF LAW

 

                   These Terms of Use and any disputes relating to these Terms of Use or the Site will be governed by

                   the laws of the State of California, United States of America, without regard to its principles of conflicts

                   of laws. Any claim relating to these Terms of Use or the Site shall be exclusively prosecuted in a

                   federal or state court of competent jurisdiction located within the City of Los Angeles, State of California,

                   United States of America, and you hereby consent to the jurisdiction of such court solely for such

                   purposes and you further waive any argument that any such court does not have jurisdiction over such

                   dispute or that venue in any such court is not appropriate or convenient. You further agree to accept

                   service of process by certified mail, return receipt requested at the address designated by you. The

                   Operator will be entitled to recover their court costs and reasonable attorneys' fees and expenses

                   incurred in successfully proving any breach of any term of these Terms of Use.

 

                   13. MISCELLANEOUS

 

                   These Terms of Use constitute the entire agreement between the parties, and supersedes all prior and

                   contemporaneous written or oral agreements, proposals or communications with respect to the subject

                   matter herein between you and the Operator. The Operator in its sole discretion may amend these

                   Terms of Use, and your use of the Site after such amendment is posted on the Site will constitute

                   acceptance of it by you. The section headings in these Terms of Use are for convenience only and

                   must not be construed as legal advice to you. If any provision of these Terms of Use is held by a court

                   of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall

                   remain in full force and effect.

 

                   LAST UPATED: November 19, 2001

                   Copyright 2001 Gamblersglen.com All rights reserved.