Oddspedia Widget Usage Agreement
- The Webmaster wishes to make use of the services offered by the Company beyond merely accessing its website, in particular wishes to implement widgets and/or API data feeds (defined below) on online resources owned/operated by the Webmaster.
- The Agreement defines and regulates the mutual rights and obligations of the Parties arising from the use of oddspedia.com and its services.
- The Webmaster agrees to all conditions and declares to be of sufficient full legal age according to the laws of the country of residence of the User, or at least being 18 years old, whatever higher and legally allowed to enter into contracts.
- The Webmaster further declares to be fully compliant with all operator requirements, as outlined and further explained below.
- Unless explicitly noted otherwise, the domain “oddspedia.com” refers to all localized oddspedia-domains operated by the Company, thus including country-specific domains such as oddspedia.de, oddspedia.at, oddspedia.co.uk, as well as all subdomains thereof. The aforementioned only serve as examples and do not form an exhaustive list.
- “Services” means any service or supply of data and/or content by the Company. This includes in particular the provision of API data feeds and widgets, but includes also other services that are or may be made available by the Company.
- “Widget” means any application or interface component provided by the Company, including, but not limited to the odds comparison iframe graphical user interface.
- An “operator” is an online sportsbook betting provider which is included in the list of displayed betting providers by the Company.
- In order to use the Services, the Webmaster needs to create an account and register on widgets.oddspedia.com. In order to do so, Webmaster has to provide first and last name, exactly as written in Latin characters on an official government-issued photo-ID or passport, a valid contact email address and set a password.
- To activate an account, a verification link will be sent to the provided email address to complete the registration process.
- The Company reserves the right to keep a newly created and verified account on hold for manual activation by the Company. In this case, the account is pending and the Webmaster can make use of the Services only once the activation is completed. The Webmaster will receive an email notification when the activation is completed.
- It is the Webmaster’s obligation to keep the login details safe and not share the password with anyone to prevent unauthorized access to the account.
- Upon request, the Webmaster will provide verification of the requested information (which includes, but is not limited to: legal age, domain ownership, licenses held (if applicable)) within reasonable time. It is in the Company’s sole discretion to accept/reject certain documents for verification purposes and/or to request additional verification, should an authorized Company representative decide to do so in order to verify the Webmaster’s data and/or identity.
Use of Services
- Upon successful registration, Company grants Webmaster the non-exclusive, non-transferable, and non-sub-licensable right to use its Services.
- Company reserves the right to decline or discontinue service to a Webmaster at any time, without provision of reason.
- Webmaster has no right on service from Company.
- Webmaster may use Company’s services only on and/or for online assets/domains that are in Webmaster’s duly possession and/or under Webmaster’s duly control.
- For widget implementation, Webmaster needs to create a widget from within the Webmaster account on widgets.oddspedia.com. Each widget has to be matched to a domain and may be used only on this particular domain.
- Webmaster can create multiple widgets in case placement on multiple domains is desired.
- Webmaster can customize the widget based on the available customization options given in the Webmaster account on widgets.oddspedia.com.
- Webmaster may not make Company’s services further available to any other (third) party.
- Webmaster can select from a range of available operators, which operators to be displayed in widget on Webmaster’s domain. Webmaster needs to accept and has to obey at all times the requirements of all operators included in the made selection. For this, Webmaster has to obey to the respective Terms and Conditions of those operators or other agreement in place with those operators, as the case may be. In case Webmaster caters to clients from multiple jurisdictions, Webmaster has to ensure compliance with all operator requirements for all of the countries served individually. It is Webmaster’s own responsibility to ensure compliance at all times.
- The widget may not be modified at all by the Webmaster, besides the configuration options made available in the account.
- Widget always has to be displayed in full, may not be cut off in form, and nothing may be used to overlay the widget.
- It is Webmaster’s sole responsibility to ensure that any data and/or information displayed is fully compliant with all local rules and regulations applicable in each jurisdiction in which the Webmaster makes its domain(s) accessible. The Company does not take any responsibility for use of its Services, and cannot be held liable in any way for information displayed on a domain which is not in line with any applicable rules and regulations as they might be locally applicable.
- Company reserves the right to change widget appearance and functionality at any time as it deems reasonable.
Obligation of Webmaster from Use of Service
- Webmaster will instantly and for as long as the service is used on any (sub-)page, place a sitewide, visible “No-Follow link” to https://oddspedia.com in the Footer which contains the Oddspedia Logo + easily readable and visible text "Data powered by Oddspedia" which has to follow the design as embedded in the iframe.
- The Oddspedia logo for Footer implementation can be downloaded from the media repository section of the Company’s website under https://widgets.oddspedia.com/img/static/Oddspedia_logo.svg
- The widget contains an identifier unique to the Webmaster-domain combination. This is used to track where the Company’s services are used by the Webmaster.
- Company reserves the right to block certain domains or subdomains from using their services.
Redirection of traffic
- The widget contains referral links to operators, which are the Company’s referral links, by default. That is, clicks will initially be treated as generated by the Company when generated through the widget.
- For each operator, Webmaster can add own referral links to the widget (“Webmaster referral links”, henceforth), after which all clicks on links to those operators with an added Webmaster referral link, will be randomly split by the Company upon generation. The split of those clicks will be 50-50 between the Company and the Webmaster. This means that any generated click will be forwarded using randomly the unique identifier of the Company or the Webmaster, respectively, each with a probability of 50%. Each click will be treated as a distinct event and is seen independent of the previous click and allocation.
- All revenues generated from clicks are for their lifetime attributable to the Company or the Webmaster, as it was initially assigned. Should the Webmaster not have added a Webmaster referral link to a particular operator, all clicks on links leading to that particular operator are fully attributable to the Company and will use the Company’s referral links.
- To obtain Webmaster referral links, the Webmaster might need to create accounts at and enter into service agreements with operators and/or affiliate platforms. Those agreements are completely independent of this Service Agreement and are solely concluded between the Webmaster and operator. The Company is not at all involved in those agreements between Webmaster and operator and cannot be held liable in any form for any right and/or obligation arising out of such external agreement.
- Webmaster referral links for a particular operator will be used for all widgets implemented by the Webmaster.
- Should the Webmaster have added a single Webmaster referral link for a particular operator to the widget, this Webmaster referral link will be used for all clicks randomly attributable to the Webmaster towards the particular operator. The Webmaster will have the option to add more Webmaster referral links, for particular geolocations. In that case, the Webmaster shall define a default Webmaster referral link, which will be used for the random split in case no Webmaster referral link is specifically added that fits the geolocation where the click originated from. In case no default Webmaster referral link is specified, the first Webmaster referral link will be used as the Webmaster’s default referral link.
- It is prohibited to add incorrect Webmaster referral links. Any link that does not lead to the correct landing page of the clicked on operator is considered incorrect. Incorrect links will be removed and treated as non-existent. Thus, until a correct Webmaster referral link is inserted, all clicks will use the Company’s referral links to that particular operator. Webmaster is responsible to ensure correctness and maintain proper functioning of the Webmaster referral links.
- Webmaster referral links can be added in the Webmaster account under setup affiliate links.
Duration and Termination
- This Agreement comes into force as soon as the account is created by the Webmaster and remains in effect for an unlimited time, until cancelled.
- The outlined conditions in this Agreement form an inseparable part of the user agreement. Whenever another agreement between the Company and the Webmaster regarding the use of Services as defined in this Agreement contains clauses and/or formulations which contradict any clauses and/or formulations from this Agreement, the clause and/or formulation of the former shall supersede the ones in this Agreement.
- The Webmaster has to agree and consent to all conditions in order to create an account and/or to use any of the Company’s Services.
- Should at any point in time the Webmaster not agree to any of the clauses in this agreement, the Webmaster has to cancel the Agreement without delay.
- Webmaster and Company both have the right to cancel the Usage Agreement at any time and with immediate effect, upon own discretion.
- Cancellation by the Webmaster can be done from within the account by completing the steps to close and delete the account.
- Should the Company cancel the Agreement, it will inform the Webmaster by email about the cancellation, using the email address as noted in the Webmaster’s account.
Consequences of Cancellation
- Immediately upon cancellation, no matter which Party canceled the Agreement, Webmaster is no longer allowed to use any of the Company’s services at all.
- Within five working days after cancellation, Webmaster has to remove all information relating to the Company from any of its assets. This includes, but is not limited to, removal of the Footer text and Oddspedia logo.
- Login to the account will not be possible anymore.
- Failure to comply with any of the provisions in this Agreement will result in temporary discontinuation and block of Company’s services. Webmaster can request reactivation of the Services by reaching out to Company support, as outlined in the section “Contact” of this Agreement.
Intellectual Property Rights
- Besides explicitly provided herein, this Agreement shall not constitute or transfer or grant to Webmaster any property right, license, software, or other right in any information, or data made available by Company to Webmaster in any of the property rights Company or its subsidiaries own.
- Except as outlined in this Agreement, the Company remains the owner of all Intellectual Property that it owns or controls and the data provided may not be used in any other form besides as expressly stated in this Agreement.
- Any kind of potential trademark infringement of any intellectual property owned by Company must promptly be reported to the Company, and Webmaster shall provide all assistance as reasonably requested in connection with any action taken by Company relating thereto.
Liability and Warranty
- Company aims to provide timely and accurate data provision, but does not make or give, in any form, neither expressly nor implied, any representation or warranty as to, and none of the Company or any of its employees, agents, or subsidiaries accept any liability with respect to accuracy, completeness, reliability, timeliness, and quality of the Company’s services, neither to their fit nor non-infringement of third party rights.
- None of the Company, its employees, agents, nor subsidiaries shall be liable for interruption of the supply of availability of data or services, due to any cause whatsoever, including Company’s and its employees’, agents’, or subsidiaries’ negligence.
- To the fullest extent possibly permitted by law, neither the Company, nor any of its employees, agents, nor subsidiaries, shall be liable to the Webmaster or to any clients of the Webmaster for any direct or indirect damages, loss, loss of profits, turnover, data, business, or goodwill arising in connection with any of the Company’s products, solutions, or services, including, but not limited to, the Oddspedia widget or API as specified in this Agreement, even if the Company has been made aware of the possibility of such damage or loss.
- Webmaster shall indemnify, defend and hold Company harmless from and against all costs, claims, liabilities, expenses, and damages as a result of using the Company’s services.
- Webmaster has no right or any claim on service, neither can Webmaster make Company responsible or claim any compensation for lost revenues, traffic, clients, or any other metric.
- The Webmaster has to ensure that electronic communication can be received at the email address linked to the account. The Company can not be held liable for and does not accept any claims or charges against it based on not or not timely received electronic communication on the Webmaster’s side.
- Contact between Company and Webmaster is handled via means of electronic communication through email, using the email address stored in the Webmaster account to contact the Webmaster and using the contact form on widgets.oddspedia.com to contact the Company.
- It is the Webmaster’s obligation to ensure contact details are at any time kept up to date. Contact information can be viewed and updated from within the Webmaster account on widgets.oddspedia.com.
- For all questions and inquiries, Webmaster shall contact the Company’s support via contact form on widgets.oddspedia.com. The support team aims to handle all requests as fast as possible, but depending on the number of contact requests, it might take several days until an answer is provided.
- The provisions contained in each clause and sub-clause of this Agreement are each enforceable independently.
- If any provision of this Agreement is found by a court or administrative body of the competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The Parties agree to attempt to substitute any invalid or unenforceable provision with a valid or enforceable provision which achieves to the greatest extent possible the economic objectives of the invalid or unenforceable provision.
Governing law and jurisdiction
- The Agreement and any matters hereto, including, but not limited to interpretation, construction, and effect of this Agreement shall be governed and construed in all respects in accordance with the Laws of Bulgaria.
- The Webmaster irrevocably agrees that, subject as provided below, the courts of Bulgaria shall have exclusive jurisdiction in relation to any proceedings against the Company concerning any matter concerning this Agreement.
- The Company may take proceedings against the Webmaster in any court of competent jurisdiction, and the taking by the Company of proceedings in any one or more jurisdiction(s) shall not preclude the taking of proceedings by the Company in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
- This Agreement is personal to the Company and the Webmaster and shall not be assigned or otherwise transferred, neither in whole nor in part.
- Any changes, additions, and/or amendments to this Agreement will be communicated to the Webmaster by means of electronic communication at least 30 calendar days before they come into effect. Additionally, the Webmaster will be informed in the webmaster login section about any upcoming changes, additions, and/or amendments.
- The Webmaster declares to have understood the entire Agreement, with all its clauses and sub-clauses in full.