TERMS AND CONDITIONS
Acceptance of the Terms and Conditions.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITES OR SERVICES, OR BY USING THE SITES OR THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS, WHETHER OR NOT YOU HAVE REGISTERED THROUGH THE SITES OR THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITES OR SERVICES.
Capper America reserves the right to change or modify any of the Terms and Conditions contained in the Sites Terms and Conditions of Use and Services or any policy or guideline of the Sites or Services, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Sites or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Sites Terms and Condition and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites and Services. If you do not agree to the amended Terms and Conditions, you must stop using the Sites and Services.
Capper America has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
(1) change or terminate all or any part of our Sites or Services;
(2) restrict or terminate your access to all or any part of our Sites or Services; or
(3) refuse, move, or remove any content that is available on or via the Sites or Services and any material that you submit to the Sites or Services.
If you accept or agree to these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
THE SITES OR THE SERVICES ARE INTENDED FOR ADULTS AGES 18 AND OVER. USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SITE FOR ANY PURPOSE. BY USING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE
Privacy Policy.
Please refer to our Privacy Policy located at https://www.capperamerica.com/privacy/ for information on how Capper America collects, uses and discloses personally identifiable information from its users. In the event of a conflict between the terms of this the document and those in the Privacy Policy, the terms of the Privacy Policy shall govern.
Access to the Sites and Services.
Capper America is providing you with the information and functionality in the Sites and Services. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, a mobile device that is suitable to connect with and use the Sites and Services (where applicable) and any telephone, wireless or other connection and service fees associated with such access. The Sites and Services are available only to individuals and entities who can form legally-binding contracts under applicable law. If you do not qualify, you are required to cease using Sites or Services. Capper America reserves the right to deny access and/or registration to the Sites or Services to anyone at any time in its sole and absolute discretion. By accessing the Sites and/or the Services, you represent and warrant that you are not prohibited from receiving products of United States or European Union including all its member countries plus Switzerland’s origin, including software or any other component of the Sites or Services.
Account Registration and Password Security.
In order to access certain features of the Sites and Services and to post any or certain kind of content on the Sites or through the Services or the Applications you must register to create an account (“Account”) and become a registered user.
You may register directly via the Sites or by logging into your account with certain third-party social media or social networking services (including, but not limited to, Facebook, Twitter, Instagram, Pinterest or Google+) via the Sites, as described herein. If you decide to register through a social networking service, we will extract the personal information you have provided to the social networking services (such as your name, email address and other information you make publicly available via the social networking services) from the account you have with the applicable social networking services and use that information to create your Account. The specific information that we extract may depend on the privacy settings you have with the social networking services. You hereby consent to our access to and collection of such personal information about you. During the registration process, you will be required to provide certain information that includes your personal information and you will establish a password.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Capper America reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for maintaining the confidentiality of your password and Account, and are fully responsible for all activities that occur under your password and Account. You agree that you will not disclose your password to any third party, you will not permit third parties to use your Account for any reason and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You agree to: (i) notify Capper America immediately of any unauthorized use of your password or account or any breach of security, and (ii) ensure that you fully exit from your account at the end of each session. You further agree not to use anyone else’s password on the Sites or Services. Capper America cannot and will not be liable for any loss or damage arising from your failure to comply with this provision, including, without limitation, losses or damages resulting from use of your credit card or any other payment mechanism (e.g. PayPal, iTunes, Google Wallet or Facebook Credits) linked to your Account.
Account Termination.
Capper America may refuse access to the Sites or Services or may terminate your Account without notice for any reason, including, but not limited to, a suspected violation of these Terms and Conditions, illegal or improper use of your Account, or illegal or improper use of the Application, Sites or Services, or Capper America’s intellectual property as determined by Capper America in its sole discretion. You may lose your user name and persona, if applicable, as a result of Account termination, without responsibility on the part of Capper America for any damage that may result from the foregoing. If you have more than one account, Capper America may terminate all of your accounts.
If your Account, or a particular subscription for the Sites or Services associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Sites or Services. For these Terms and Conditions, the meaning of “Benefits” includes but is not limited to any licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Services and/or products, and include but are not limited to paid and free downloadable content, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind.
You acknowledge that Capper America is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing Benefits associated with your Account. In the event that Capper America terminates your Account, you may not participate in any of the Sites or Services again without Capper America’s express permission. You may not allow individuals whose accounts have been terminated by us to use your Account. If you believe that any action has been taken against your account in error, you may contact Capper America.
Limited License Granted to Use the Sites and Services.
Subject to your agreement and continuing compliance with these Terms and Conditions, our Privacy Policy, and any other applicable agreement between you and us, and satisfaction of any payment obligation by you, Capper America grants you a limited, non-exclusive, non-transferable, revocable license to use the Sites and Services solely for your own personal entertainment purposes, and not for any commercial purpose whatsoever. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Sites, Services or any other Capper America content, except as expressly permitted in these Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Capper America or its licensors, except for the licenses and rights expressly granted in these Terms and Conditions.
Fees and Purchase Terms.
On the Sites or through the Services you may purchase, with “real world” money, a license to use goods or services. All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Sites may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. Capper America shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. Capper America reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Sites, and to the products and packages described on the Sites, at any time without notice, including after confirmation of a transaction. YOU ACKNOWLEDGE THAT CAPPER AMERICA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED SERVICES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Third Party Platforms and Third Party Content.
As part of the functionality of the Sites and Services, you may link your Account with online accounts you may have with third party service providers or by other social networking services such as, but not limited to Facebook, Twitter, Pinterest, Instagram or Google+ (each such account, a “Third Party Account”) by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to grant Capper America access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Capper America to pay any fees or making Capper America subject to any usage limitations imposed by such third-party service providers or by other social networking services.
When you use, access or download the Capper America mobile Sites or Services by or through a third party service providers or by other social networking services (such as, but not limited to Facebook, Twitter, Pinterest, Instagram or Google+) you allow us to access and/or collect certain information from your Third Party Account or via any cookies placed on your device by such third party service providers or by other social networking services as permitted by the terms of the third party service providers or by other social networking services agreement and your privacy settings with the third party service providers or by other social networking services. We will share such information with the third party service providers or by other social networking services for their use as permitted by the terms of the agreement and your privacy setting with the third party service providers or by other social networking services.
Third party service providers or other social networking services (such as, but not limited to Facebook, Twitter, Pinterest, Instagram or Google+) working with Capper America will share some of the information they collect from you upon download or access of the Sites or Services with vendors and other service providers who are engaged by or working with third party service providers, Capper America or by other social networking services in connection with the operation of the services the third party platforms provides to you and/or for analytics purposes which may require the reproduction and display of such information.
By granting Capper America access to any Third-Party Accounts, you understand that Capper America will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“Third Party Account Content”) so that it is available on and through the Sites and Services via your Account. Unless otherwise specified in these Terms and Conditions, all Third-Party Account Content, if any, will be considered to be User Content or all purposes of these Terms and Conditions and is subject whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by Capper America at its own discretion. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on the Sites and Services. Please note that if a Third Party Account or associated service becomes unavailable or Capper America’s access to such Third Party Account is terminated by the third party service provider, then the Third Party Account Content that was available from such Third Party Account will no longer be available on and through the Sites and Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS OR OTHER SOCIAL NETWORKS (such as, but not limited to Facebook, Twitter, Pinterest, Instagram or Google+) ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS OR OTHER SOCIAL NETWORKS. Capper America makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Capper America is not responsible for any Third Party Account Content.
User Obligations.
In consideration of your use of the Sites and/or the Services, you agree to be subject to certain obligations. For any personal information that you provide to us through the Sites or Services, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Sites or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. If you provide any information that is untrue, inaccurate, incomplete or not current, or if Capper America has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Capper America has the right to refuse any and all current or future use of the Sites or Services (or any portion thereof). You acknowledge and agree that: (i) Capper America may update the Sites or Services with or without notifying you; and (ii) you may need to update or download third-party software from time to time in order to continue using the Sites or Services.
General Prohibitions, Use of the Sites and the Services.
You represent and warrant that you have full right and authority to use the Sites and/or the Services and to be bound by these Terms and Conditions. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms and Conditions herein.
You undertake that you shall not defraud, or attempt to defraud, Capper America or other users, and that you shall not act in bad faith in your use of the Sites and/or the Services. If Capper America determines that you do act in bad faith in violation of these Terms and Conditions, or if Capper America determines that your actions fall outside of reasonable community standards, Capper America may, at its sole discretion, terminate your account and prohibit you from using the Sites or the Services.
The Sites and Services may allow you to submit, post or upload videos, images, files, information, postings, tags, comments, messages, and other text (“Content”). The Sites or Services also may contain areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas or other message and communications features (“Interactive Areas”). You are entirely responsible for all content that you upload, post, email or otherwise transmit via the Sites or Services. You agree to post only messages, comments or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post content or engage in any other activity on the Sites, or use the Services in a manner, that:
● Defames, threatens, abuses or otherwise violates the legal rights of others;
● Is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
● Infringes another’s rights to intellectual property, publicity, or privacy;
● Collects or stores personal information about other Sites or Services users;
● Contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
● Contains, transmits or disseminates spam, chain letters;
● Contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Sites, or any software, hardware or other related equipment;
● Disrupts, overburdens or otherwise interferes with the Sites, the Services, or the networks or servers used by Capper America;
● Impersonate or misrepresent your affiliation with any person or entity;
● Impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or
● Constitutes illegal activity, violate any applicable law or regulation.
Furthermore, you agree not to do any of the following:
● Create or maintain an account or use the Sites or Services if you have previously been removed by Capper America or if you account or access to the services previously has been terminated by Capper America;
● Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
● Use, display, mirror or frame the Sites or Services, or any individual element within the Sites or Services, Capper America’s name, any Capper America trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Capper America’s express written consent;
● Use the Services or access the Sites if you are located in a country embargoed by the United States, European Union (including all its individual member countries) or if you are a “prohibited person” whose name is published on lists maintained by the United States Department of Treasury;
● Access or use an account or any virtual items that have been sublicensed, rented, traded, sold, gifted, or otherwise transferred from the original account holder without Capper America’s permission;
● Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to interfere with the Sites, the Services or any Capper America services;
● Use the Sites or Services in order to design, or assist in the design, of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to interfere with the Sites or Services or any Capper America services;
● Without Capper America’s express written consent, use the Sites or Services or any portion thereof for any commercial purpose, including, without limitation, communicating or facilitating the transmission of any commercial advertisement or gathering or transferring virtual items;
● Use the Sites, the Services or any portion thereof for any form of real-world gambling;
● Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
● Use any meta tags or other hidden text or metadata utilizing a Capper America trademark, logo URL or product name without Capper America’s express written consent;
● Use the Sites or Services or Capper America Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms and Conditions;
● Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Sites or Services; and
● Encourage or enable any other individual to do any of the foregoing. Capper America will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Capper America may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. You acknowledge that Capper America has no obligation to monitor your access to or use of the Sites or the Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Sites or the Services, to ensure your compliance with these Terms and Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Capper America reserves the right, at any time and without prior notice, to remove or disable access to any User Content that Capper America, at its sole discretion, considers to be in violation of these Terms and Conditions or otherwise harmful to the Sites or the Services.
Capper America reserves the right (but not the obligation) to review, edit, or delete any User Content you post to The Sites or the Services. Furthermore, you are responsible for your interactions with other users of the Sites and the Services and any other parties with whom you interact through the Sites and/or the Services. Capper America reserves the right, but has no obligation, to become involved in any way in these disputes.
Capper America may terminate the limited license granted to you herein, your access to the Sites or the Services or to any Capper America property at any time without notice for any reason whatsoever. In the event of any such termination, Capper America shall not be required to provide refunds, benefits or any other compensation.
Limits on Liability.
IN NO EVENT WILL CAPPER AMERICA BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY SITES, SERVICES , CONTENT, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CAPPER AMERICA, VIA THE SITES, SERVICES OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO CAPPER AMERICA’S RECORDS, PROGRAMS, SITES OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES/CONTENT, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/OR ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CAPPER AMERICA, VIA THE SITES, SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO CAPPER AMERICA’S RECORDS, PROGRAMS OR SERVICES EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. You acknowledge and agree that if you have not paid Capper America any amounts in the 180 days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with Capper America is to stop using the Sites and the Services and cancel your Account.
Furthermore Capper America will not be liable for:
● the contents of any communication, message, or information posted by you or other third parties;
● the content of any web sites not controlled, owned, or operated by Capper America that is accessed from or linked to this Sites or Services;
● the content, services or information provided by any web sites purporting to be operated by Capper America or its affiliates, but not actually affiliated with, controlled, owned, or operated by Capper America;
● any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; or
● any direct, indirect, incidental, special, punitive or consequential damages arising out of or relating to use of or inability to use the Sites or Services even if Capper America has been advised of the possibility of such damages, including but not limited to, loss of profits, loss of data or loss of use damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Sites or Services, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Sites or Services.
You further specifically acknowledge that Capper America is not liable, and you agree not to seek to hold Capper America liable, for the conduct of third parties, including other users of the Sites or Services and operators of external websites and that the risk of use of the Sites or Services and external websites and of injury from the foregoing, rests entirely with you.
Content, User Content and Licensing the Content.
You agree that any content published by you in the frame of using the Sites or Services is done willingly and you acknowledge that personal information that you communicate publicly within any Sites or Services may be seen and used by others and may result in unsolicited communications. You represent and warrant that you have all necessary rights in and to any materials that you post within any Sites or Services that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Capper America and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Capper America permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through an Sites or Services you expressly grant Capper America the complete, worldwide, fully sub licensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
Any data, text, graphics, photographs, or any other content, and their selection and arrangement, uploaded to the Sites or Services by any user (“User Content”) are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by Capper America. Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby agree that you may be held liable for any User Content that you upload. Capper America shall not bear any responsibility for any of the above-mentioned content.
Capper America provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via Sites or Services. By using the Sites or Services you acknowledge and accept that you may be exposed to material you find offensive or objectionable. Capper America reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Sites or Services with or without notice for any reason whatsoever. You agree that Capper America will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content, the removal/modification or blocking of any User Content, or for any failure to or delay in removing User Content.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites or Services any of the following:
● User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in Capper America’s reasonable discretion);
● User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
● User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
● User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
● Unsolicited promotions, advertising or solicitations;
● Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and similar information;
● Viruses, corrupted data or other harmful, disruptive or destructive files; and
● User Content that, in the sole judgment of Capper America, is objectionable or which restricts or inhibits any other person from using or enjoying the the Sites or Services or which may expose Capper America or its users to any harm or liability of any type.
Capper America takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Capper America liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Sites or Services. You acknowledge that you may not rely on any content on the Sites or Services. Capper America does not endorse or represent the reliability, accuracy or quality of any information, or non-Capper America goods, services or products displayed or advertised on the Sites or Services. We make no representations or warranties, express or implied, with respect to the information provided on this Site. You further acknowledge and agree that the gaming odds, sports content and sports data posted on, or utilized in, the Sites and/or the Services may be established by users of the Sites or Services and are not established through use of a professional sports book, professional odds maker, professional sports data provider or professional sports content provider. As such, you acknowledge that the odds, sports content or any sports data utilized or posted on the Sites and/or the Services bear no relation to “real world” sports betting odds, sports content or sports data.
You acknowledge and agree that Capper America may archive, preserve, store or use any User Content you submit, post or upload to the Sites or Services, and may also disclose that User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms and Conditions; (3) respond to claims that any User Content violates the rights of third-parties; or (4) protect the rights, property, or personal safety of Capper America, the Sites, the Services, its users and the public.
If you post, upload, submit or give access to User Content to the Sites or Services, unless we indicate otherwise, you grant Capper America unlimited worldwide commercial, non-commercial and/or promotional, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Sites or Services. You grant Capper America and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that: (i) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (ii) the User Content is accurate; and (iii) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Third-Party Advertisers and Third-Party Websites.
Capper America may provide links on the Sites or through the Services to third party websites, third party applications or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Sites or Services and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Furthermore, while we hope that you will find the material on this Sites informative, the material and links to third-party websites, third-party applications and resources that may be included on the Sites and Services are provided for informational purposes only. Providing links to these sites and application by us should not be interpreted as endorsement or approval by Capper America of the organizations sponsoring these webSites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Sites or any third-party websites and third-party applications which may be accessed by a link from this Sites or Services, including any representations or warranties as to accuracy or completeness. Because Capper America has no control over third-party websites, third-party applications and resources, you acknowledge and agree that Capper America is not responsible for the information and contents of such third-party websites or third-party applications and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such Sites or resources. You further acknowledge and agree that Capper America shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, applications or services available on or through any such Sites or resource.
Sweepstakes and Contests.
We may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Sites and the Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Sites and the Services, as they may contain additional important information about our rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these Terms and Conditions, the terms and conditions of such Official Rules shall govern.
Intellectual Property Rights.
You acknowledge and agree that content contained in the Sites, the Services, information presented to you through the Sites and the Services (including, without limitation, any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, music, methods of operation, and documentation) may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by Capper America or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Sites or the Services, in whole or in part. The entire contents of the Sites and Services are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not reverse engineer, decompile, or disassemble the Sites, the Services or their underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Sites and the Services owned by Capper America are the copyright of Capper America. All rights reserved. You agree that all of Capper America’s trademarks, trade names, service marks, logos and service names are trademarks and are property of Capper America (the “Capper America Marks”). You agree not to display or use in any manner the Capper America Marks, without the express prior permission of Capper America. Third-party trademarks used on the Sites or in the Services are the property of the respective third party and utilized by Capper America pursuant to a license agreement. If you fail to adhere to these Terms and Conditions, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any Sites or Services Materials, you agree to indemnify and hold harmless Capper America and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers. No professional sports league or professional sports team is a sponsor of, or is in any way affiliated with, the Sites or the Services or Capper America.
Indemnification.
You agree, at your sole expense, to defend, indemnify and hold Capper America, its independent contractors, service providers and consultants, and their respective directors, employees and agents, and other partners harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Sites, the Services, the Application Materials, the Sites Materials and/or the Services; (ii) your conduct; (iii) your violation of these Terms and Conditions or your violation of the rights of any third party; (iv) any User Content; or (v) or your infringement of any intellectual property or other right of any other person or entity.
General Acknowledgments.
You acknowledge that Capper America may establish general practices and limits concerning your use of the Sites or the Services. You agree that Capper America has no responsibility or liability for the failure of the Sites or Services and the deletion of other content maintained or transmitted by the Sites or Services. Capper America reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or the Services (or any part thereof) with or without notice. You agree that Capper America shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that Capper America reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
We control and operate the Capper America and the Sites or the Services from our offices in the Americas region, and all information is processed within the Americas region. We do not represent that the Sites or the Services and its Content are appropriate or available for use in any of the individual countries in the Americas region or any other location. Persons who choose to access and use the Sites or the Services from within individual countries in the Americas region or any other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The failure of Capper America to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future Capper America of that right or provision. Capper America does not assume responsibility to you or others for any failure by Capper America to enforce the provisions contained in the Terms and Conditions. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.
DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(1) YOUR USE OF the Sites, the Services IS AT YOUR SOLE RISK. The Sites, the Services AND INFORMATION AND MATERIAL IN the Sites, the Services IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO the Sites, the Services AND INFORMATION AND MATERIAL IN the Sites, the Services, CAPPER AMERICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT the Sites, the Services WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT the Sites, the Services MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE CAPPER AMERICA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING the Sites, the Services USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
(2) CAPPER AMERICA MAKES NO WARRANTY THAT (i) the Sites, the Services AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN the Sites, the Services WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE the Sites, the Services OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN the Sites OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) the Sites, the Services AND ITS CONTENTS AND SERVER THAT MAKES the Sites, the Services AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
(3) ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED, ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF the Sites, 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.
(4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAPPER AMERICA OR THROUGH OR FROM the Sites, the Services SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
(5) YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF the Sites, the Services AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF the Sites or the Services. YOU UNDERSTAND THAT Capper America DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF the Sites or the Services, NOR DOES CAPPER AMERICA MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF the Sites or the Services. CAPPER AMERICA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF the Sites or the Services OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE the Sites or the Services. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF the Sites, the Services AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF the Sites or the Services, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT Capper America ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Capper America LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SITES, THE SERVICES AND OPERATORS OF EXTERNAL SITES OR APPLICATIONS, AND THAT THE RISK OF THE APPLICATIONS AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CAPPER AMERICA IS TO STOP USING THE CAPPER AMERICA AND TO CANCEL YOUR ACCOUNT.
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 MAY NOT APPLY TO YOU.
Notice And Procedure For Copyright Infringement Claim.
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Capper America reserves the right, but not the obligation, to terminate your right to use the Sites or the Services if Capper America determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Capper America accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, Capper America has implemented or will implement procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.
If you believe that anything on the Sites or the Services infringes upon any copyright which you own or control you may file a notification of such infringement and submit them via email address.
Capper America designated Copyright Agent to receive notifications of claimed infringement is [email protected]. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Capper America respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent listed above with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Sites or the Services; (iv) your address, telephone number, and email address; (v) a 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; and (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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Governing Law.
You and Capper America agree that the Terms and Conditions and the relationship between you and Capper America shall be governed by and construed in accordance with the laws of the United States of America without regard to its conflict of laws analysis. You and Capper America hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the United States of America for purposes of all legal proceedings arising out of or relating to the Terms and Conditions and agree not to commence any legal proceedings related thereto except in such court. You and Capper America irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
YOU AND CAPPER AMERICA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES OR THE SERVICES MUST COMMENCE WITHIN (6) SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Contacting Us
If you have any questions about these Terms and Conditions or the Privacy Policy, please contact Capper America via email at [email protected].
Copyright © 2021 CapperCon Event Group LLC operating as Capper America. All Rights Reserved. Capper America is not affiliated in any way with professional sports leagues, professional sports teams, athletics organizations, non-profit athletic organizations, sports federations or the sports governing bodies. Product names, logos, brands or other trademarks displayed or referred to within Capper America are the property of their respective owners and do not represent any affiliation, sponsorship or otherwise with Capper America.
