WTWTG may modify this Agreement from time to time and such modification shall be effective upon posting by WTWTG on the WTWTG Website. You agree to be bound to any changes to this Agreement when you use the WTWTG Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Description of Service
WTWTG provides Users with tools and resources for sports bar, restaurant, pub and/or tavern location and research services now known or hereafter developed, including without limitation any software incorporated into such tools and services (the "Service"). You understand and agree that the Service may include certain communications from WTWTG, such as service announcements, and that these communications are considered part of WTWTG membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS-IS" and that WTWTG assumes no responsibility for the timeliness, deletion, service delivery problem, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider). In addition, you must provide and are responsible for all equipment necessary to access the Service.
Use of Copyrighted Materials/Trademarks
Any materials on this Web site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the "Materials") are copyrighted materials owned by or licensed to WTWTG. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by WTWTG and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Web site, you are hereby authorized to view, cache, and print the Materials, subject to the following conditions: (1) Any copy of the Materials or portion thereof must include the WTWTG copyright notice. (2) WTWTG reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from WTWTG.
Hyperlinks to this Site
You are granted a limited, nonexclusive right to create a "hypertext" link to this Web site provided that such link does not portray WTWTG or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any WTWTG trademark, logo or trade name or other proprietary information including the images found at the Web site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of WTWTG.
Member Accounts, Passwords, and Security
Certain areas of the Web site may be password-restricted and require registration or sign-in before they can be accessed. When you complete our registration process you will receive an account and create a password that will enable you to access all member services. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that WTWTG cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.
Content Submitted for Inclusion On or for Distribution Through WTWTG:
You acknowledge that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, email or otherwise submit to the Web site or make available using the Service, and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality, and copyright. WTWTG does not claim ownership of content (including photos and graphics) you submit or make available for inclusion on the Web site. However, with respect to content you submit or make available for inclusion, you agree to provide a world-wide, royalty free, non-exclusive, and irrevocable license to use, distribute, reproduce, modify, adapt, publicly display, and sublicense content (including photos and graphics) you submit or make available for inclusion in "publicly accessible" areas of the Service. This license exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you remove or WTWTG removes such content from the Service.
"Publicly accessible" areas of the Service are those areas that are intended by WTWTG to be available to the general public.
WTWTG does not control the content posted by third parties via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will WTWTG be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
You agree to not use the Service to:
Upload, post, email, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
Impersonate any person or entity, including, but not limited to, a WTWTG official or a Member, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, post, email, or otherwise make available any content that you do not have a right to make available;
Upload, post, email, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;
Upload, post, email, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
General Practices Regarding Use of WTWTG
You acknowledge that WTWTG may establish general practices and limits concerning use of the Service, including without limitation the maximum number of searches and the maximum disk space that will be allotted on WTWTG's servers on your behalf. In addition, you agree not to take any action that might impose, in WTWTG's discretion, a disproportionately large load on WTWTG's servers or infrastructure.
Modification of Service
WTWTG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Service (or any part thereof) with or without notice. You agree that WTWTG shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that WTWTG may, at its sole discretion and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service or other WTWTG agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (b) barring further use of the Service. Further, you agree that all terminations for cause shall be made in WTWTG's discretion and that WTWTG shall not be liable to you or any third-party for any termination of your account or access to the Service.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WTWTG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. WTWTG MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE INFORMATION, SOFTWARE, AND SERVICES ON THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, WTWTG AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF BARS, RESTAURANTS, PUBS, TAVERNS, AND OTHER PRODUCTS DISPLAYED ON THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF MEMBER AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE MEMBERS, AND WTWTG AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE INFORMATION. WTWTG MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
WTWTG MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCT, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCT OR SERVICE ON THIS WEB SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY WTWTG. ALL SUCH PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. WTWTG, ITS AFFILIATES, AND/OR THEIR RESPECTIVE MEMBERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
WTWTG MEMBERS, INCLUDING WITHOUT LIMITATION BAR, RESTAURANT, PUB, AND TAVERN OPERATORS, PROVIDING AN ENVIRONMENT TO VIEW SPORTS OR OTHER SERVICES ARE NOT AGENTS OR EMPLOYEES OF WTWTG. WTWTG MAKES NO WARRANTIES OR GUARANTEES WITH REGARD TO THE SERVICES PROVIDED BY MEMBERS. WTWTG IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY MEMBERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WTWTG HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSION, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL WTWTG AND ITS MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF WTWTG (OR ITS AGENTS OR MEMBERS) FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS EARNED BY WTWTG FOR THE PRODUCT OR SERVICE GIVING RISE TO SUCH DAMAGES.
You agree to defend, indemnify and hold WTWTG harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by (i) you or on your behalf in excess of the liability described above; or (ii) by third parties arising out of content you submit, post, transmit, or make available through WTWTG, your use of the Service, (iii) any third party arising out of your use of the Service or the use of the Service by any person using your account and/or password, or (iv) by third parties arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.
No Unlawful or Prohibited Use
As a condition of your use of this Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Interfere with or disrupt the Service or servers or networks connected to the Service;
You acknowledge that WTWTG may or may not pre-screen content, but that WTWTG has the right (but not the obligation) at its discretion to screen, refuse, or move any content that is available via the Service. Without limiting the foregoing, WTWTG and its designees shall have the right to remove any content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by WTWTG or submitted to WTWTG.
Advertising and Links to Third-Party Sites
This Web site contains hyperlinks to Web sites operated by parties other than WTWTG. Such hyperlinks are provided for your information and reference only. WTWTG does not control such Web sites and is not responsible for their contents or your use of them. WTWTG's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. You further acknowledge and agree that WTWTG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available through any third party Web site.
You agree not to copy, reverse engineer, or attempt to discover any source code or proprietary data, distribute or create derivative works based on the Service, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by WTWTG for use in accessing the Service. In addition, any software that is made available from this Web site, including, without limitation, all HTML code and Web controls, are owned by or licensed to WTWTG. Any reproduction or redistribution of this software is expressly prohibited.
WTWTG's search tools are to assist visitors and customers in determining the location of and availability of desired amenities offered by Member establishments, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including, without limitation, minors living with you). You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. Any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Where To Watch The Game, LLC.