Introduction

By using ProTipster, services and tools, you agree to the following terms with trademark ProTipster and registered company ProTipster AB (hereafter referred to as ProTipster) and the general principles for the websites of our subsidiaries and international affiliates.

All ProTipster memberships are subject to prior approval. ProTipster reserves the right to refuse service to any new or existing member, in its sole discretion, with or without cause. ProTipster reserves the right to refuse to do business with anyone, at any time, for any reason.

ProTipster.com reserves the right, without liability, to reject, omit or exclude any member, for any reason at any time, with or without notice and regardless of any previous conditions.

If you have any questions, please refer to our FAQ section or contact us.

Terms & Conditions

This Agreement is effective on February 1, 2012, for current users, and upon acceptance for new users.

Scope

Before you may become a member of ProTipster, you must read and accept all of the terms in, and linked to, our Terms & Conditions Agreement (User Agreement). By accepting this Agreement, you agree that this Agreement and its policies will apply whenever you use ProTipster or services, or when you use the tools we make available to interact with other members, sites and services.

General

ProTipster trademark, ProTipster.com domain, and company ProTipster AB (ltd) with company registration number 556763-3168is registered in Sweden under Swedish law, the registered office is at Fregattvagen 15, SE-18137 Lidingö, Sweden.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Terms and Conditions section. Any information are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 14 days after they are initially posted. Additionally, we will notify you via email using the email address you entered to register at ProTipster. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, ”writing" doesn't include an email message and a signature doesn't include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.

Using ProTipster

While using ProTipster, services and tools, you will not:

• violate any laws, third party rights or our policies;
• use ProTipster, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using ProTipster, services or tools;
• fail to deliver information purchased from you, unless the buyer fails to meet the posted terms;
• manipulate the price of any post or interfere with other users' postings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to ProTipster or its members;
• You will not sell, resell or republish the information you have published or purchased on ProTipster.com to any other third parties or on any other service or website:
• You will not disseminate the information you find on the ProTipster.com site to other betting sites or forums;
•  post false, inaccurate, misleading, manipulative, defamatory, or libellous content (including personal information);
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information of the sites or using it for purposes unrelated to ProTipster);
• transfer your ProTipster account (including feedback and rating) and User ID to another party without our consent and written approval;
• use a profile name that will infringe any copyright, trademark, patent or other proprietary right, and you will not publish on the Internet your personal details linked to your profile name;
• distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm ProTipster, or the interests or property of ProTipster users;
•  export, re-export, or re-sell any ProTipster content, posts, reports, and tools;
• copy, modify or distribute rights or content from the ProTipster, service or tools or ProTipster copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.

By using The ProTipster.com website, you warrant that:

• ProTipster reserves the right to use the selections made and the analysis provided by members on trial in any way that they see fit.
• ProTipster might provide, by third party suppler, gambling information such as odds and/or fixtures for facilitating the tips deposit. ProTipster will not be liable for any incorrect odds and fixtures posted at its website. Tipsters have to check with their bookmaker or other supplier for the latest information and odds, as odds and lines might fluctuate and fixtures might change, often without notice.
• Previews that contain ONLY news from external websites without personal analysis and/or commentary are not accepted and will be deleted and may lead to account termination.

Abusing ProTipster

ProTipster and our international tipster community work together to keep ProTipster services working properly and safe. Please report problems, misbehaviour, fraudulent behaviour, offensive content, and policy violations to us.

ProTipster work to ensure that listed content do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our team and we will investigate.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to ProTipster and the content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites, tools, and services if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, conducting off-ProTipster transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users).  Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of information or intellectual property rights of third parties.

Member Protection

Members share the responsibility for making sure purchases facilitated by ProTipster are exciting, rewarding and hassle-free. Buyers and sellers agree to follow the requirements of the ProTipster claims procedure (not covering claims filed with payment processors, or other service partners). We require members to comply with our resolution process. Members (buyers and sellers) permit us to make a final decision, in our sole discretion, on any claim that a member files with ProTipster.

Content purchase transactions may be refunded in the following cases:

• Seller is proven to attempt cheating by providing no content, irrelevant content, abusive content, or content that is under copyright or ownership of a third party. 
• Seller does not show up for Live Report (Live Report must be cancelled by ProTipster administration team for a refund).
• Subscription fees will not be refunded in any case.
• Membership plan fees will not be refunded in any case. 

If we resolve a dispute in the buyer's favour, we will refund thebuyer for the full cost of the item, and we will require the seller to reimburse us for the amount due to the buyer. In addition:

• Sellers must have a reimbursement method on file with ProTipster
• Sellers agree to allow us to remove funds from their accounts (Paypal, Moneybookers) for amounts due to buyers. Sellers may change this reimbursement method by contacting ProTipster. However, we reserve the right to continue using seller registered accounts for cases associated with transactions paid for before the change.
• Where there are insufficient funds in PayPal accounts or where PayPal is not the reimbursement method of a seller, we will require another reimbursement method
•  Sellers agree to allow us to charge the payment method they designate for amounts due buyers
•  In case of a refund, members accept that a refund handling charge of up to 15% of the asking price may be charged against their account. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for 6 months, or to modify or discontinue ProTipster, services or tools without further notice.

Changing a reimbursement method will not affect ProTipster's use of a payment method on file for other purposes (such as payment of your ProTipster member fees). If sellers do not provide ProTipster with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on ProTipster until payment is made.

We reserve the right to fix any processing errors we discover.  We will correct any processing errors by debiting or crediting the payment method used for the erroneous transaction.

Holds

To protect against the risk of liability, ProTipster may request, that payment processors (PayPal, MoneyBookers) hold seller or buyer funds based on certain factors, including, but not limited to, member history, seller performance, riskiness of the listing category, or the filing of a claim.

Fees and Services

Joining ProTipster and using our basic services and tools is free. We do charge fees for membership plans and using other services, such as purchasing premium content and services. Changes to tour fee schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the ProTipster site Terms and Conditions section. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the site.

Unless otherwise stated, all fees are quoted in one currency; € EURO. You are responsible for paying all fees and applicable taxes associated with ProTipster and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal or Moneybookers account balance.)

Withdrawal

All withdrawals will be manually administrated by ProTipster. Each withdrawal will be analysed before confirmation. In case of following cases, the amount in question will be blocked by the administration:

Funds at a member (seller) account are paid for a Live Report that is still due. In such cases, funds are only available for withdrawal after the Live Report is performed 

Funds at a member (seller) account are paid for subscriptions that are still active. In such cases, funds are only available for withdrawal after subscriptions are over

ProTipster uses cleared and uncleared balance to determine the funds that can and cannot be withdrawn by the member at any given time.

Withdrawals can take up to 7 days to complete, depending on holidays and your location. 

ProTipster only accepts PayPal and Moneybookers for withdrawals due to security reasons. Withdrawals can only be made to the same Moneybookers or PayPal accounts that were used to deposit money. In case no deposit was made, member must use the same Moneybookers and/or PayPal account they used for the first withdrawal. 

ProTipster does not accept withdrawal of bonus funds. All bonus funds must be spent within the portal.

Content

ProTipster cannot be held responsible for the quality or delivery of the content. Consumer accepts the refund policy of ProTipster by purchasing content, subscription or membership plans at the Website.

When you post, list or give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

For the convenience of members, we may offer catalogues of stock images, descriptions and product specifications that are produced by us or provided by third parties (including members). You may use catalogue content solely in connection with your ProTipster listings during the time your listings are on ProTipster.

Limitation of Liability

You will not hold ProTipster responsible for other members' content, actions or inactions, items they list or their destruction of allegedly fake posts. You acknowledge that ProTipster is a venue (marketplace) to allow anyone to offer, sell, and buy just about any information, at anytime, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of information/postings advertised, the truth or accuracy of users’ content or postings, the ability of sellers to guarantee accurate information, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of information from the seller to the buyer. Further, we cannot guarantee 100% continuous or secure access to ProTipster, services or tools, and operation of ProTipster, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of, or your inability to use ProTipster, and our listings, services and tools.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of the total fees (under ProTipster Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability.

Release

If you have a dispute with one or more members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to ProTipster by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, resell, modify, create derivative works from, distribute, or publicly display any content (except for your own information) from ProTipster without the prior express written permission of ProTipster and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
• bypass our measures we may use to prevent or restrict access to the sites.

Listing Conditions

By listing or purchasing content in ProTipster, you agree to pay ProTipster fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list content in ProTipster, your listing will be posted on ProTipster and can be viewed at various relevant parts of the website e.g. My Profile, event subpages and Recent Products. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so ProTipster can’t guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price, feedback, and detailed seller ratings.

Privacy Policy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in Sweden that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. If you object to our privacy policies please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on ProTipster.com or to the email address you provide to ProTipster during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given 24 hours after mail is sent.

Legal Disputes

If a dispute arises between you and ProTipster, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ProTipster agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

• Law and Forum for Legal Disputes- This Agreement shall be governed in all respects by the laws of Sweden as they apply to agreements entered into and to be performed entirely within Sweden, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ProTipster must be resolved exclusively by a court located in Stockholm, Sweden, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Stockholm, Sweden for the purpose of litigating all such claims or disputes.
•  Improperly Filed Claims- All claims you bring against ProTipster must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, ProTipster may recover attorneys' fees and costs up to €1000, provided that ProTipster has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

Each of the ProTipster policies may be changed from time to time. Changes take effect when we post them on the ProTipster.com site. When using particular services on ProTipster, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.

© ProTipster™2012, May 1