Friday, September 19, 2014

Terms Of Service

Acceptance

This website is a SportsMedia101.com site ("Website") and as such is the property of Sports Media 101 Inc known as the "Company". By using the Website, you (the "User") agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service and any other posted guidelines or rules applicable to the Website. All such guidelines and rules are hereby incorporated into the Terms of Service ("TOS").

Conditions and Restrictions on Use

Any and all use of the Website ("Products and Services") offered by the Website is subject to compliance with the TOS. You acknowledge and agree that the Company may terminate your access to the Products and Services of the Website should you fail to comply with the TOS or any other guidelines and rules published by the Company. Any such termination shall be in the Company's sole discretion and may occur without prior notice, or any notice. The Company further reserves the right to terminate the User's access to the Website or to any of the Products and Services for any conduct that the Company, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to the Company, its subsidiaries, affiliates, business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. The Company further reserves the right to terminate the User's access to the Website or to any of the Products and Services for any reason or for no reason at all, in the Company's sole discretion, without prior notice, or any notice. Enforcement of any penalties or restrictions stated in this TOS occurs at the sole discretion of the Website and a lack of notice of the violation or penalty for the violation of the TOS shall not be construed as an acceptance on the part of the Website of the violation or an expectation that the violation by the User shall not result in penalization in the future.

Registration and Privacy

Certain Products and Services will require the User to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about the User is true, accurate, current, and complete as required by various Website registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company suspects that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate the User's account and refuse any and all current or future use of the Products and Services.

Member and User Conduct

Upon registering for an account, the User additionally becomes a Member, the Member will choose a password and a unique identifier ("Username"). The Member is responsible for maintaining the confidentiality of the password and Username, and is fully responsible for all activities that occur under the password and Username. The Member agrees to (a) immediately notify the Company of any unauthorized use of the Member's account or any other breach of security, and (b) ensure that the Member exits from his or her account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from the Member's failure to comply with this requirement.

The Member acknowledges and agrees that all information, code, data, text, graphics, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. That means the Member, and not the Company, is entirely responsible for all Content that is uploaded, posted, emailed, or otherwise transmitted via the Services by said Member. The Company does not control the Member or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity, or quality of such Member or third party Content. The User acknowledges and Agrees that by using the Products and Services, he or she may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will the Company be liable in any way for any Member or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services.

Prohibited Conduct

The User agrees that he or she will not use the Website to:

  1. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  2. Upload, post, email, otherwise transmit, or post links to any Content, or select any Username or email address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  3. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails or posts, transmitted through the Products and Services.
  4. Collect or store personally identifying information about other users for commercial or unlawful purposes.
  5. Impersonate any person or entity, including, but not limited to, a Company official, employee, forum leader, author, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  6. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  7. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
  8. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement.
  9. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  10. Gather or download data from the Website by use of automated means, including spiders, robots, crawlers, or the like for any reason. This prohibition does not apply to automated means employed by free, publicly available search engines not in direct market competition with the Website as defined by the Company at its sole discretion. All others are prohibited.
  11. Sell, distribute, or make any commercial use of data obtained from the Website or make any other use of data from the Website in a manner which could be expected to offend the persons for whom the data is relevant.
  12. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from the Website, including, without limitation, by incorporating data from the Website into any e-mail or "white pages" products or services, whether browser-based, based on proprietary client-side applications, web-based, or otherwise.
  13. Interfere with or disrupt the Products and Services, or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
  14. Access the Products and Services after your account or access has been terminated by the Company.
  15. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.

You acknowledge and agree that the Company and its designees shall have the right but not the obligation, in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation the Company and its designees shall have the right but not the obligation, in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the TOS or is otherwise objectionable as determined by the Company, in its sole discretion. The Company may also terminate access to, or membership in, the Website, or any portion thereof, for violating the TOS.

No person under the age of 13 may participate in any of the Website Products or Services in which the User may post, upload, e-mail, or otherwise transmit Content. Persons under the age of 13 require permission from his or her legal guardian to participate in any of the Website Products or Services in which the User may post, upload, e-mail, or otherwise transmit Content.

Forum Guidelines

Users of the Website message boards and related communication-based services ("Forums") are expected to adhere to the guidelines below and are expected not to engage in any of the Prohibited Conduct described above. Any User failing to comply with the TOS may be expelled from the Forum by a Website moderator, and the Company may terminate or restrict such User's Website accounts. In addition, the Company may remove any Content that violates these TOS or is otherwise objectionable, in the Company's sole discretion. No person under the age of 13 may participate in the Website's Forums. Persons under the age of 13 require permission from his or her legal guardian to participate in the Website's Forums.

Please read all the Prohibited Conduct described above before using the Website Forums, and keep in mind the following when using the Forums:

  1. Do not upload, post, email, otherwise transmit, or post links to any Content, or select any member or Username or email address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  2. Do not stalk or otherwise harass other users.
  3. Do not upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  4. Do not upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
  5. Do not impersonate any person or entity, including, but not limited to, a Company official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  6. Do not upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
  7. Do not disobey any Website moderators, or other Company employee or representative or interfere with any action by any the Company employee or representative to redress any violation of these TOS.
  8. Do not access any Website Forum after your account or access has been terminated by the Website.
  9. Do not upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
  10. Do not interfere with or disrupt the Products and Services, or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services, including without limitation the Website Forum servers hosts.
  11. Do not solicit other Users for business.

Penalties

The Company reserves the right to limit or terminate the User's access to the Website and any Products and Services for violation of the TOS or for no reason at all. In the case of a TOS violation by the User, the Company reserves the right to cancel any Products or Services currently provided to the User without compensation of any kind.

Advertisers and Content Linked to the Website

The Website may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the Website to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology ("Ads"). The Company has no control over such sites and resources. The User acknowledges and agrees that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The User further acknowledges and agrees that the Company 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

A User's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website's Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. The User agrees that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

The Company encourages you to exercise discretion while exploring the Ads on the Website. Ads or sites reached through Ads may contain information that some people may find inappropriate or offensive. The Company makes no representations concerning any effort to review the content of any Ads or sites linked to the Website. The Company shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites linked to the Website or provided to the Website by third parties.

Data Security

The Website has in place what the Company believes to be reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information the Company collects online.

In general, while reasonable efforts are made to ensure the confidentiality of the User's private and personal information, the Company cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet.

No License; Intellectual Property of the Company and Others

Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of the Company's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise, to any User of this Website. Without limiting the generality of the foregoing, the User acknowledges and agrees that certain Content available through and used to operate the Website and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of the Website and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, the User agrees not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by the Website in connection with the Products and Services. The User agrees not to represent himself or herself out as in any way sponsored by, affiliated with, or endorsed by the Website, its affiliates, or any of its service providers. The User agrees not to use any of the trademarks or service marks or other Content accessible through the Website for any purpose other than the purpose for which such Content is made available to users by the Website. The User agrees not to defame or disparage the Company, its trademarks or service marks, or any aspect of the Products and Services. The User agrees not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services of the Website.

Risk

The Company does not endorse or guarantee the accuracy of any Content, regardless of whether the Content comes from a User, from a celebrity or "expert" guest, or from a member of the Website's staff. Before acting on any information the User may find via the Website, the User should independently confirm any facts important to the User's decision. IF THE USER RELIES ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THE WEBSITE, HE OR SHE EXPRESSLY AGREES THAT IT IS DONE SO SOLELY AT HIS OR HER OWN RISK. THE USER UNDERSTANDS THAT HE OR SHE IS SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS WHICH MAY BE INCURRED FROM USE OF ANY SERVICE OR ANY INFORMATION, DATA OR MATERIALS DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE.

Disclaimer of Warranties; Limitation of Liability

The User understands that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over the Website, including information, products and services referred to, advertised or promoted on or sold through the Website. The Website's Content is provided by the Company on an "as is" basis without warranties of any kind, either express or implied. Neither the Company, nor any of its parents, affiliates or licensees warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or completeness of content or any information, service, or merchandise provided through the Website.

Indemnity and Release

By using the Website, the User agrees to indemnify the Company and its parents, subsidiaries, affiliates, officers, employees, licensors, and service providers and hold them harmless from any and all claims and expenses, including attorney's fees, arising from use of the Website, its Products and Services, or the User's submission of ideas and/or related materials to the Website or from any person's use of any account or password maintained with any portion of the Website, regardless of whether such use is authorized by the User. By using the Website, using the Products and Services, or submitting any ideas and/or related materials to the Website, the User hereby agrees to release the Website and its parents, subsidiaries, affiliates, officers, employees, licensors, and service providers from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that the User may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to the Website.

Severability

Should any portion of the TOS be found to be unlawful or unenforceable by a court of competent jurisdiction, it shall be considered deleted, though the intention of it shall be enforced to the fullest extent allowed, and the remainder of the TOS shall be unaffected and continue in full force.

Remedies and Jurisdiction

The User agrees that any claims concerning his or her rights in accordance with the TOS or any other issues arising with use of the Website and this TOS shall be brought to the jurisdiction of the New Jersey Supreme Court or the United States District Court for the District of New Jersey. Such courts shall have exclusive jurisdiction over litigation involving any such claims. The User further agrees to submit to the jurisdiction of such courts and that he or she will not raise lack of personal jurisdiction or inconvenient forum as defenses in any such litigation.

Questions

Further questions not addressed in the above policy can be directed to support@sportsmedia101.com. Regardless of any communication between the User and the Company, the User's agreement to the TOS remains in full force throughout the use of the Website.

Changes to the TOS

The Company reserves the right to change the TOS, including the Privacy Policy, from time to time, as is deemed appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. The Company has no duty or obligation to inform a User of this Website that changes have been made, regardless of the scope and importance of the changes. The Company encourages Users to periodically check back and review the policies which apply to use of the Website found in the TOS. The User's continued use of our Website after such changes are posted will be deemed to constitute an agreement to and acceptance of such changes. The Website may change, restrict access to, suspend, or discontinue all or any portion of the Content or Products and Services, at any time.