Please read this agreement ("Agreement") carefully before accessing or using the SmartFolks Web site at www.smartfolks.net (the "Site"). By accessing or using the Site, You agree to be bound by this Agreement. SmartFolks provides sports information and Quizzes on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.
The sports information and Quizzes offered on the Site are provided with the understanding that neither SmartFolks nor its representatives are engaged in rendering legal services or other such advice. Your use of the Site is subject to the additional disclaimers and notices that may appear throughout the Site.
We are not providing investment advice through this Site, and the material on this Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of SmartFolks or its affiliates.
SmartFolks and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, Quizzes or other material on this Site. While SmartFolks strives to keep the information on this Site accurate, complete and up-to-date, SmartFolks and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
We provide sports-related trivia contests (the "Quizzes"). SmartFolks grants You access to the Site during the term of this agreement to solely participate in the Quizzes. You may access, download, and print materials as necessary to participate in the Quizzes. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other Web site, or sell any information, databases or lists obtained from the Site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the Web site without SmartFolks' prior written permission. You will comply with all privacy laws. You represent and warrant that you have the right to upload and display your user image and any information you include in your description and profile.
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to SmartFolks. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of SmartFolks.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Site is terminated, you will (i) cease using the Site and any information obtained from the site, and (ii) destroy all copies of your account information, password and any information obtained from the Site.
Trivia Quizzes on this site are games of skill. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE QUIZZES. Many will enter, few will win. The Quizzes are only open to legal residents of the fifty (50) United States and District of Columbia who are 14 years of age or older as of the date of entry. Employees, contractors and franchisees of SmartFolks, its parent companies, subsidiaries, affiliates, employees, contractors, and advertising/promotional agencies, and the immediate families and household members of each of the above, are not eligible to enter or win. Subject to all applicable Federal, state and local laws. Void where prohibited. Quizzes are conducted daily. Each Quiz begins at approximately 12:00 a.m. Eastern Time ("ET") and ends at approximately 11:59 p.m. (each the "Daily Quiz Period"). Entry is by website only. You may enter any daily Quiz once by clicking on the "Play Now" button on the home page after you have logged in as a user. The method of entry does not affect the opportunity to win. Limit one Quiz entry per person per day. You may not enter multiple times through multiple e-mail addresses or using other technological means.
By participating in a Quiz, you agree to follow these Quiz rules. By accepting a prize, you give us your permission (except where prohibited) to use your name, likeness and statements for publicity purposes without additional compensation. All entries must be received by the end of the Daily Quiz Period.
Winners are determined based on number of correct answers followed by shortest elapsed time. Prizes will be disclosed from time to time on the Site. Taxes will be the sole responsibility of the winner.
Except where prohibited, by accepting a prize, winners consent to the use by SmartFolks and its designees of their names and/or photographs for advertising and publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without limitation and without additional compensation, notification or permission. By participating in this promotion, each entrant accepts and agrees (i) to be bound by these Official Rules and the decisions of the SmartFolks and judges, which shall be final and binding in all respects, and (ii) to release SmartFolks and its parents, subsidiaries, affiliates and advertising and promotion agencies, and the respective directors, officers, employees and agencies of the foregoing (collectively, the "Released Parties") from any and all liability of any injuries, losses or damages of any kind caused by participating in this promotion or resulting from acceptance, or use/misuse of the prize.
Entries generated by script, macro or other automated means will be void. SmartFolks reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the promotion or website, violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE QUIZZES IS A VIOLATION THE QUIZ RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this promotion which may limit the ability to participate or by any human error which may occur in the processing of entries in the Quizzes. Sponsor reserves the right to modify, terminate, or suspend the online entry should virus, bugs, non-authorized human intervention or other causes corrupt the administration, security, fairness, or proper play of the promotion. These Quiz rules constitute the full agreement relating to the promotion. In the event of any conflict between these rules and any of the documents relating to the promotion, these rules shall prevail.
As a condition of your use of this Site, you warrant to SmartFolks that you will not use this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.
You may not without the prior written permission of SmartFolks use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site or to participate in any Quiz.
If you are under the age of 14, you may not use this Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE QUIZZES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMARTFOLKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMARTFOLKS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR PARTICIPATE IN QUIZZES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE VALUE OF ANY PRIZE AWARDED TO YOU OR $100, WHICHEVER IS GREATER.
The Site offers you the opportunity to establish a user profile that includes information such as a personal description, an image, city and state, website or facebook link, and your favorite teams. You shall not (nor cause any third party to) use the Site or the User Quiz to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy -of others) or immoral activities or any of the following types of activities, without limitation:
a. transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
b. transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
c. impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
d. advertising or commercial content;
e. interfering with or disrupting the Site;
f. disrupting the activities or enjoyment of the Site for other users; or
g. collecting, or storing personal data about other users.
You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any of the User Content created by you.
You agree that SmartFolks, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove any User Content from the Site, at any time and for any or no reason. You agree that SmartFolks shall not be liable to you or any third party for any termination of your access to the Site or deletion of any User Content on the Site.
SmartFolks may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site at any time. SmartFolks may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Site or the services provided on the Site or any Quiz will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association ("AAA") Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) The arbitration shall be held at the AAA regional office nearest you; (4) The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement; (5) The arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law; (6) There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator shall not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the SmartFolks rules exceed $125, and you are unable to pay the additional fees and deposits, SmartFolks retains the right to forward them to the SmartFolks on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SmartFolks retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
This site is intended to and directed to residents of the United States and all advertising claims contained in this site are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Georgia, without giving effect to any principles of conflicts of law. Failure by SmartFolks to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
SmartFolks and other logos, product and service names are trademarks and service marks owned by or licensed to SmartFolks or its affiliates (the "Marks"). Without the prior written permission of SmartFolks, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
© Copyright 2017 SmartFolks, LLC All rights reserved.
If you believe that any material contained on the Site infringes your copyright or other intellectual property rights, you should notify SmartFolks of your copyright infringement claim in accordance with the following procedure. SmartFolks will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:
Agent: DMCA Copyright Agent
By postal mail: 4798 Long Island Drive, Atlanta Georgia 30342
By fax: (866) 702-2503
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
E-mails sent to for purposes other than communication about copyright claims may not be acknowledged or responded to.
SmartFolks will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact SmartFolks and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.