Terms of Service

ACCEPTANCE OF TERMS

Welcome to HostedPools.com ('HP'), owned and operated by SublimeWeb Digital Solutions. Hosted Pools provides its service to you, subject to the following Terms of Service ('TOS'), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://hostedpools.com/terms.php. In addition, when using particular Hosted Pools services, you and Hosted Pools shall be subject to any posted guidelines or rules applicable to such services which may be posted elsewhere on the website. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.

DESCRIPTION OF SERVICE

Hosted Pools provides users with a powerful, easy to use, customizable application for hosting private games including football, hockey and other office pools and prediction games.

Hosted Pools provides team statistics and matchups, game scores, and other useful information pertaining to fantasy sports and all of this information is for entertainment only and should be considered to be unofficial. While Hosted Pools will use reasonable efforts to include accurate and timely information, Hosted Pools will not warrant or make any respresentations of any kind with respect to the information provided to you. Hosted Pools shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website service, and shall not be responsible or liable for any error or omissions in that information.

Hosted Pools will make every reasonable effort to provide access on demand to all users. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outage, natural disasters, changes in law, strikes, etc. may from time to time prevent access to Hosted Pools from all or part of the internet. Hosted Pools will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. Hosted Pools will not accept responsibility for any consequences resulting from disruptions in service.

Hosted Pools will make every reasonable effort to compose software and programs that are compatible with the browsers and operating systems generally in current use on the internet, and every reasonable effort to ensure these programs are free of defects. Hosted Pools will not accept responsibility for any consequences resulting from incompatibility between its software and programs and those of any users.

ENTERTAINMENT ONLY

Hosted Pools is strictly for entertainment purposes only and may not be used in connection with any form of unlawful gambling or wagering or the promotion of gambling or wagering. If you know (or have reason to suspect) that the service is being used for purposes of unlawful gambling or any other unlawful activity, you must notify Hosted Pools immediately via admin@hostedpools.com.

FUNDRAISING ACTIVITY

Hosted Pools is not responsible for securing or enforcing any applicable lottery or gaming licensing for any fundraising activity. It is the sole responsibility of the fundraiser to ensure they are in compliance with the gaming laws in their jurisdiction.

REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant that you will not upload, post, transmit, distribute or otherwise publish through the service any materials which: (a) Restrict or inhibit any other user from using and enjoying the service; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact. You represent, warrant and covenant that you will comply with these Terms of Service in connection with your use of the Hosted Pools service.

RESERVATION OF RIGHTS

Hosted Pools expressly reserves, in its sole discretion, the right to immediately modify, suspend or terminate your account and refuse current or future use of any Hosted Pools service for any reason, including, but not limited to, Hosted Pools believes: you have used the service for gambling purposes; you have violated or tried to violate the rights of others; or believes that you have acted inconsistently with the spirit or letter of the TOS. Hosted Pools has the right to modify or discontinue service, including terminating any games you have organized or are participating in, temporarily or permanently, in whole or in part for any reason, with or without notice to you. You agree that Hosted Pools will not be liable to you or to any third party for any modifications or discontinuance of service, including the termination of any games you organized or are participating in.

LICENSE TO USE SOFTWARE

Users have a limited license to access and use the software that comprises the service. No one may reproduce, copy, or redistribute, whole or in part, any of the software that constitutes the Hosted Pools service functions. No rights of any kind in any of Hosted Pools's software, programs or other property shall accrue to any user.

PRIVACY POLICY

The Hosted Pools Privacy policy can be found here: https://hostedpools.com/privacy.php

YOUR REGISTRATION OBLIGATIONS

To register on Hosted Pools you need to enter an email address, username and password, and you need to agree to these Terms Of Service. Since we use your email address to look up your account information, and to send you password change requests and other useful correspondence you should be sure to use a valid email address when registering. You should also keep your email address up to date using the My Account page. If you use an invalid email address, you may find it difficult to retreive your password and get customer service.

USERNAME, PASSWORD AND SECURITY

You will create a username and password when registering with Hosted Pools. The username you pick will be unique to the website and no other user will have the same username. Your password should be something easy to remember and should not be the same password you use to protect important personal information such as bank and email accounts. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your username. You agree to (a) immediately notify Hosted Pools of any unauthorized use of your username or any other breach of security, and (b) ensure that you log off from your account at the end of each session. Hosted Pools cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

APPLICABLE LAW/JURISDICTION

By visiting the Hosted Pools website, even if accessed from a location outside Canada, you agree that the laws of the Province of Ontario will govern these disclaimers, TOS or Privacy Policy, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our website and these disclaimers, TOS or Privacy Policy at any time. You hereby irrevocably and unconditionally consent to jurisdiction in the Province of Ontario.

INVALIDITY OF SPECIFIC TERMS

If any provision of this TOS or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.

LIMITATIONS OF LIABILITY

In no event shall we, our subsidiaries, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, or the performance of, the service, even if forseeable or Hosted Pools has been advised of the possibility of such damages whether in an action of contract, negligence or other tortious action. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our liability, and the liability of our subsidiaries, employees, and suppliers, to you or any third parties in any circumstance exceed the great of (A) The amount of fees you pay to us in the 12 months prior to the action giving rise to liability, or (B) $50.

INDEMNITY

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Notwithstanding the foregoing, Hosted Pools retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Hosted Pools herein under the terms and provisions of this Section and in no event shall you settle any such claim without Hosted Pools's prior written approval.

REPORT VIOLATIONS

If you witness any user activity in the service that violates these Terms of Service, please notify us of the activity via admin@hostedpools.com. Hosted Pools cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the service an enjoyable experience for all users.

Site News

  • Sep 21, 2018 - The 2018-2019 NHL Hockey is just over 2 weeks away now! We have pools rolling in daily and are pumped to get the season rolling. Set up your Survivor/Loser or Pick'em style pool today!
  • Jun 11, 2018 - Football Pools are now available for the 2018 NFL season! We now have 6 different offerings including Pick'em, Survivor, Loser, Margin, Pick 5/SuperContest and our new 20-Point Football. You can set up your pool today!
  • Jun 9, 2018 - We've brought back pick reminders for the 2018 season. You have to opt in when you create your entry and you should only receive them while your entry is still alive in elimination style pools. They will be sent on the morning of the first game each week.
  • Nov 22, 2017 - We've added a Slack workspace to communicate with pool managers. You can find a link to our workspace at the bottom of the site. It's the hashtag looking icon under Connect With HostedPools. We will be integrating it with our Trello boards so you can keep tabs on what ideas are out there as well as what we're currently working on.