Sportsmackoff.com
Terms and Conditions
This Terms of Service
agreement (the "Agreement") is a legal agreement between sportsmackoff.com
(“sportsmackoff," "we," "us", or "our")
and you, governing your use of sportsmackoff.com. sportsmackoff.com
(the "Service" or " sportsmackoff.com ") is an online,
social networking service that enables sportsmackoff.com members ("Member(s)")
to create unique online pages and share files, photographs, blogs, bookmarks,
and other content with friends and the entire sportsmackoff.com community,
including other Members and users. The Service includes without limitation
our Web sites (collectively, including all content available through
the sportsmackoff.com and sub-domains, collectively the "Sites").
In addition, when visiting the Sites or using the Service, you and sportsmackoff.com
be subject to the terms of our Privacy
Policy and any other posted guidelines,
rules, or notices applicable to the Service which may be posted from
time to time. All such policies, guidelines, rules, and notices are
hereby incorporated by reference into the Agreement.
By visiting the Sites
or using the Service, you signify your agreement to all of the terms
and conditions in the Agreement. If you do not agree to, or cannot comply
with, all of these terms and conditions, you must not visit the Sites
or use the Service. If you wish to become a sportsmackoff.com Member,
communicate with other Members, and use the Service, please follow the
instructions on our Sign-Up
Page.
From time to time, we
may modify the terms and conditions of the Agreement without prior notice.
If we do so, we will post the amended Agreement on the Sites. It is
your responsibility to review the Agreement for any changes. If you
do not agree to, or cannot comply with, the Agreement as amended, you
must stop using the Service. If you continue to use the Service after
any amendments are posted, you will be deemed to have accepted the Agreement
as amended.
PARENTAL ADVISORY
IF YOU ARE BETWEEN 12
AND 17 YEARS OF AGE, PLEASE REVIEW THIS AGREEMENT WITH YOUR PARENTS
OR GUARDIANS. YOU MUST BE AT LEAST 12 YEARS OLD TO USE sportsmackoff.com.
BECAUSE THE SERVICE MAY PROVIDE ACCESS TO CONTENT THAT CONTAINS EXPLICIT
MATERIAL (SUCH AS STRONG LANGUAGE OR DEPICTIONS OF SEX, VIOLENCE, OR
SUBSTANCE ABUSE), PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGED
12 TO 17. THIS AGREEMENT INCLUDES WARRANTY AND LIABILITY DISCLAIMERS.
BY USING THE SERVICE, YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS
OF THIS AGREEMENT WITHOUT MODIFICATION, ADDITION, OR DELETION. IF YOU
DO NOT OR CANNOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MAY NOT
USE THE SERVICE. IN THE EVENT OF ANY NONCOMPLIANCE WITH THIS AGREEMENT,
sportsmackoff.com MAY DENY ACCESS TO THE SERVICE AT ANY TIME, WITH OR
WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY.
IN ADDITION, YOU ACKNOWLEDGE
AND AGREE THAT, UNTIL YOU ARE 18 YEARS OF AGE, YOU USE THE SERVICE AT
THE DISCRETION OF YOUR PARENTS/GUARDIANS. YOU AGREE TO PROVIDE YOUR
PARENTS/GUARDIANS WITH YOUR CURRENT sportsmackoff.com PASSWORD(S) AND
REGISTRATION E-MAIL ADDRESS, FOR PARENTAL VERIFICATION PURPOSES. THEY
MAY ASK US TO MODIFY OR DENY ACCESS TO YOUR ACCOUNT AND WE MAY DO SO
AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY.
1. Eligibility
You represent and warrant
that you are at least 13 years old and that all registration and profile
information that you submit to sportsmackoff.com is truthful and accurate.
You agree to update such account information as necessary to keep it
accurate. If you misrepresent your age, we may terminate your sportsmackoff.com
account at any time without warning, and without liability. You are
solely responsible for maintaining the security and confidentiality
of your password and other Member account information. You agree not
to permit others to use your password or other Member account information,
and you agree to notify sportsmackoff.com immediately of any unauthorized
use of that information. Sportsmackoff.com will not be responsible for
any loss or damage arising out of the unauthorized use of your password
or other Member account information; and you agree to indemnify and
hold harmless sportsmackoff.com, its officers, directors, agents, employees,
subsidiaries, and affiliates for any unauthorized, improper, or illegal
use of that information. You, and not sportsmackoff.com, are solely
responsible for all Content (defined below) published, distributed,
or displayed through your account, including without limitation any
e-mail messages, posts, internal or externally embedded "widget"
code, or tags, and for your interactions with other Members or users.
You further represent and warrant that your use of the Service will
not violate any applicable law or regulation.
2. Term
This Agreement shall
remain in full force and effect while you use the Service and/or are
a Member. In the event that membership is terminated, all provisions
of this Agreement which must survive in order to give effect to their
meaning, including without limitation all of your representations, warranties,
and indemnification obligations, shall survive. By using the Service
and/or becoming a Member, you acknowledge that sportsmackoff.com has
the right to charge for the Service and terminate your membership should
you violate this Agreement or fail to pay for the Service as required.
If your Service membership is terminated because you have violated this
Agreement, you shall not be entitled to a refund of any unused portion
of subscription fees, should any exist.
3. Non-commercial use only
The Service is for the
personal use of individual Members only and may not be used in connection
with any commercial endeavor, except those that are specifically approved
or endorsed in writing by sportsmackoff.com management. Organizations,
companies, and/or businesses may not become Members and should not use
the Service for any purpose. Passwords, Member or user names, photographs,
links, and any other Content may not be transferred or copied from the
Service for use with any other product or service. Any use of the Service
that is illegal, unlawful, or that violates the letter or spirit of
this Agreement or any other posted sportsmackoff.com policies, guidelines,
or notices - including without limitation collecting or harvesting Member
or user names and/or e-mail addresses by electronic or other means for
the purpose of sending unsolicited e-mail or unauthorized framing of
or linking to the Sites - may be investigated and may result in sportsmackoff.com
suspending or terminating your account, refusing any and all current
or future use of the Service (or any portion thereof), and taking appropriate
legal action, including without limitation criminal, civil, and injunctive
redress. Commercial advertisements, affiliate links, and other types
of solicitations may be deleted from Member pages without notice, and
may result in loss of sportsmackoff.com Membership privileges. Sportsmackoff.com
reserves all right, title, and interest in the Service not expressly
granted under this Agreement to the fullest extent possible; and any
use of the Service not specifically permitted under this Agreement is
prohibited.
4. Use of content
A.
The Service enables you to upload, archive, post, publish, e-mail, or
otherwise transmit to sportsmackoff.com. ("Upload") Web pages,
text, code, software, music, sound, photographs, graphics, video, messages,
tags, and other information, data, or material ("Content").
You, and not sportsmackoff.com, are solely responsible for all Content
that you Upload to sportsmackoff.com public archives, blogs, message
boards, classified ads, Member profiles, search results, categories,
groups, or any other part of the Service.
B.
In connection with Content that you Upload to sportsmackoff.com, you
represent and warrant that: (1) you own, or have the necessary
licenses, consents, permissions, and rights to use and to authorize
sportsmackoff.com to use, all copyright, trademark, patent, trade secret,
and other proprietary rights in and to all such Content, in order to
permit inclusion and use of the Content as contemplated by the Service
and this Agreement; and (2) you have the written consent, release,
and/or permission of every person identifiable in the Content to use
their name and likeness, in order to permit inclusion and use of the
Content as contemplated by the Service and this Agreement.
C.
You retain all of your ownership rights in Content that you Upload to
sportsmackoff.com. However, by Uploading the Content to sportsmackoff.com
you hereby grant to sportsmackoff.com a worldwide, non-exclusive, royalty-free,
fully paid-up, perpetual, irrevocable, fully sub-licensable (through
multiple tiers), and transferable license to copy, distribute, prepare
derivative works of, adapt, publicly perform, publicly display, and
use the Uploaded Content in connection with the Service and sportsmackoff.com
business, including without limitation promotion and redistribution
of the Service and derivative works thereof, through any media channel
and in any media format known now or in the future. In addition, you
hereby grant to each sportsmackoff.com Member or user a non-exclusive
license to access the Uploaded Content through the Service, and to reproduce,
distribute, prepare derivative works of, adapt, publicly perform, publicly
display, and use such Content as permitted through the Service functionality
and under this Agreement. These licenses will terminate when you remove
the Uploaded Content from the Service. All tags and comments associated
with Content - whether associated by you, the Service, other Members
or users, or anyone else - become sportsmackoff.com property; but sportsmackoff.com
will grant you a perpetual right to use such tags and comments for personal,
noncommercial purposes.
D.
In using the Service, you may access and be exposed to Content Uploaded
by others that is inaccurate, incomplete, indecent, offensive, or otherwise
objectionable. Uploaded Content is the sole responsibility of the person
who Uploaded it. You will not hold sportsmackoff.com responsible for
the actions or inactions of Members or users, including without limitation
any Uploaded Content. Sportsmackoff.com does not make any representation
or warranty about the accuracy, integrity, quality, or any other aspect
of Content posted on the Sites or in connection with the Service. Sportsmackoff.com
expressly disclaims all liability for any loss or damage incurred as
a result of the use of such Content. By using the Service, you agree
to bear all risks associated with any use of any Content posted on the
Sites or in connection with the Service and any reliance on the accuracy,
completeness, or usefulness of such Content. Any opinions, statements,
advice, offers, services, or other information or material expressed
or made available in or through Uploaded Content are those of the respective
author(s) of such Content and not of sportsmackoff.com.
E.
Sportsmackoff.com does not pre-screen, edit, or review Content Uploaded
to sportsmackoff.com archives or publicly-available areas of the Service.
If sportsmackoff.com is notified by a user, Member, or Content owner
of Content posted on the Sites or in connection with the Service that
allegedly does not conform to this Agreement, sportsmackoff.com may
investigate the allegation and determine in good faith, in sportsmackoff.com
sole discretion, whether to remove or block access to such Content.
sportsmackoff.com has the right (but not the obligation), in its sole
discretion, to remove, relocate, change from public to private, or otherwise
block or restrict any Uploaded Content at any time, with or without
notice, and without liability.
F.
You acknowledge and agree that sportsmackoff.com may access, preserve,
and disclose your account information and Content if required by law
or in a good faith belief that it is reasonably necessary in order to:
(1) comply with legal process; (2) enforce the Agreement;
(3) respond to claims that any Content violates the rights of Members,
users, or third-parties; (4) respond to your requests for customer
service; or (5) protect the rights, property, or personal safety
of sportsmackoff.com, its Members or users, and the public.
5. Copyright Policy
A.
Sportsmackoff.com does not condone or tolerate activities and actions
that breach the rights of copyright owners. As explained in more detail
below, our policy is to respond to written notifications of claimed
infringement that comply with the Digital Millennium Copyright Act ("DMCA").
Upon receiving such notification, we may remove or block access to Content
that we believe in good faith is copyrighted material that has been
illegally copied, distributed, or otherwise exploited. We also may terminate
or suspend access to the Service, and remove all Content Uploaded by,
anyone found to be a repeat infringer. Upon removing or blocking access
to Content in response to a DMCA notification, we will make a good-faith
attempt to contact the owner/author/administrator of each affected Web
page so that they may send us a DMCA counter notification.
B. Infringement notification.
If you are a copyright owner (or the copyright owner's agent) and you
believe that any Uploaded Content infringes your copyright, you may
submit a written notification to our Copyright Agent. To expedite the
processing of the notification, please submit it in the following format,
including section numbers:
(1)
Identify in adequate detail the copyrighted work (e.g., lines of text,
music, photo, artwork, etc.) that you believe has been infringed.
(2)
Identify in adequate detail the Content that you believe is infringing
the copyrighted work listed in Section (1) above. Describe the allegedly
infringing Content and include sufficiently detailed information on
its location, so that we can find it and verify that it exists. You
must identify each search result that links directly to a Web page containing
the allegedly infringing content; in other words, provide the search
query that you used, and the URL for each allegedly infringing search
result.
(3)
Provide information reasonably sufficient for us to contact you, including
your address, telephone number, and, if available, your e-mail address.
(4)
If possible, provide information reasonably sufficient for us to contact
the provider of the allegedly infringing content or the owner, author,
or administrator of the Web page containing such Content. We would prefer
their e-mail address, if available.
(5)
Include this statement: "I have a good faith belief that use of
the copyrighted material described above on the allegedly infringing
Web page(s) is not authorized by the copyright owner, its agent, or
the law."
(6)
Include this statement: "I swear, under penalty of perjury, that
the information in this notification is accurate and that I am the copyright
owner or am authorized to act on behalf of the copyright owner to make
this complaint."
(7)
Sign the notification, and then send it to our Designated Agent (contact
information below).
Once our Designated Agent
has received a written, DMCA-compliant notification, our policy is to
remove or block access to the allegedly infringing Content and make
a reasonable attempt to promptly notify the Content provider or the
owner/author/administrator of the Web page containing such Content,
that we have done so. In addition, we reserve the right to terminate
or suspend access to the Service, and to remove all Content Uploaded,
by anyone found to be a repeat infringer.
You acknowledge that
failure to comply with all requirements of this section of the Agreement
may invalidate your notification. For more details, see the DMCA, 17
U.S.C. 512(c)(3).
C. Counter notification.
If the affected Content provider or the owner, author, or administrator
of the affected Web site believes that removed or blocked Content is
not infringing, or believes that it has the right (from the copyright
owner or its agent, or pursuant to law) to Upload, post, and use such
Content, then the affected party must send us a written, DMCA counter
notification. To expedite the processing of the counter notification,
please submit it in the following format, including section numbers:
(1)
Identify in adequate detail the removed/blocked Content and the location
at which it appeared before it was removed or access to it was blocked.
(2)
Provide your name, address, telephone number, e-mail address (if available),
a statement that you consent to the jurisdiction of Federal District
Court for the judicial district in which your address is located (or
Los Angeles County, California if your address is outside of the United
States), and a statement that you will accept service of process from
the person who sent sportsmackoff.com notification of the claimed infringement,
or from an agent of that person.
(3)
Include this statement: "I swear, under penalty of perjury, that
I have a good faith belief that each search result or item identified
above was removed or disabled as a result of mistake or misidentification
of the material to be removed or disabled."
(4)
Sign the counter notification, and then send it to our Designated Agent.
You acknowledge that
failure to comply with all requirements of this section of the Agreement
may invalidate your counter notification.
If our Designated Agent
receives a counter notification, our policy is to send a copy of it
to the original complaining party, informing such party that we will
restore the removed Content or cease blocking access to it, 10 business
days from our receipt of the counter notification. Unless we receive
notice from the original complaining party that it has filed an action
seeking a court order against the Content provider or Uploading Member
(to restrain them from engaging in infringing activity relating to the
Content on the Service), the removed Content may be replaced or access
to it restored within 10 to 14 business days after our receipt of the
counter notification, at our discretion. For more details, see the DMCA,
17 U.S.C. 512(g)(2) and (3).
5. Code of Conduct
You agree that you will
not, and it shall be a violation of this Agreement to:
A.
Upload, copy, distribute, share, sell, create derivative works of, or
otherwise alter or use any Content, in whole or in part, for any purpose
whatsoever except as expressly authorized in this Agreement; and to
do so in any manner exceeding the scope of your rights to use such Content
(e.g., license rights associated with premium content or subscription-based
materials), without permission from the Content owner, or otherwise
in violation of another person's rights to such Content.
B.
Upload, copy, distribute, share, or otherwise use Content that is unlawful,
obscene, defamatory, libelous, harmful, offensive or hateful on the
basis of religion, gender, sexual orientation, race, ethnicity, age,
or disability, harassing, degrading, pornographic, threatening, intimidating,
abusive, that would violate another person's rights, constitute or encourage
a criminal offense, give rise to civil liability, or violate any local,
state, national, or international law or regulation, or that is otherwise
inappropriate.
C.
Upload, copy, distribute, share, or otherwise use content that constitutes
advertising or promotional material, if posted in areas of sportsmackoff.com
which are not designated for such purposes (e.g., not in the classified
ads), or if "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of unsolicited or unauthorized
commercial communication, or that constitutes or generates unauthorized
banner ads, pop-ups, pop-unders, and interstitials. To protect our Members
from such advertising or solicitation, sportsmackoff.com reserves the
right to (among other things) restrict the number of e-mails that a
Member may send to other Members in any 24-hour period, to a number
that sportsmackoff.com deems appropriate in its sole discretion. If
you violate this Agreement and transmit unsolicited bulk e-mail, instant
messages, or any other unsolicited communications through the Service,
you acknowledge that you will have caused sportsmackoff.com.com substantial
harm, but that the amount of the harm would be extremely difficult to
determine. Accordingly, as a reasonable estimation of such harm, you
agree to pay sportsmackoff.com.com fifty dollars (US$50.00) for each
such unsolicited e-mail or other communication that you transmit through
the Service.
D.
Upload, copy, distribute, share, or otherwise use Content that contains
or embodies software viruses, worms, Trojan horses, bugs, or any other
malicious computer code that is designed to interrupt, undermine, destroy,
or limit the functionality of any computer software, hardware, or telecommunications
equipment, or that is designed to perform functions on any software,
hardware, or equipment without the owner's express consent.
E.
Upload, copy, distribute, share, or otherwise use Content that violates
the Fair Housing Act by stating, in any ad or notice for the sale or
rental of any dwelling, a discriminatory preference based on race, color,
national origin, religion, sex, familial status, or handicap (or violates
any state or local law prohibiting discrimination on the basis of these
or other characteristics).
F.
Upload, copy, distributes, share, or otherwise use Content that is false,
deceptive, misleading, deceitful, misinformative, or constitutes "bait
and switch".
G.
Upload, copy, distribute, share, or otherwise use Content that advertises
any illegal service or the sale of any items the sale of which is prohibited
or restricted by any applicable law, including without limitation items
the sale of which is prohibited or regulated by California law. Many
laws, policies, and regulations in various jurisdictions regulate the
purchase and sale of goods and services. You are encouraged to research
the applicable laws and regulations that may apply to your transaction.
For your convenience, here is a partial list, for illustrative purposes
only, of some categories of prohibited and restricted items, the purchase
and sale of which are forbidden on sportsmackoff.com:
(1)
Child pornography or obscene material;
(2)
Alcohol or tobacco products;
(3)
Controlled substances or illegal drugs, substances and items used to
manufacture controlled substances and drug paraphernalia;
(4)
Prescription drugs and medical devices, such as prescription or contact
lenses, hearing aids, defibrillators, or hypodermic needles;
(5)
Nonprescription drugs that make false or misleading treatment claims
or treatment claims that require FDA approval;
(6)
Weapons and related items, including firearms, ammunition, silencers,
sniper scopes, large capacity magazines, disguised, undetectable or
switchblade knives, martial arts weapons, BB guns, stun guns, or tear
gas;
(7)
Fireworks, including "safe and sane" fireworks or any destructive
explosives or devices;
(8)
Blood, bodily fluids, or body parts;
(9)
Animals and animal parts, including the retail sales of dogs and cats;
(10)
Restricted or regulated plants and insects, such as noxious weeds, endangered
plant species, or live insects or pests;
(11)
Pesticides or hazardous substances, or items containing hazardous substances
such as contaminated toys, or arts or crafts materials containing toxic
substances without a warning label;
(12)
Illegal telecommunications equipment, such as cable or satellite descramblers,
password sniffers, access cards, access card programmers and unloopers;
(13)
Stolen property or personal property with the serial number altered
or removed;
(14)
Burglary tools, such as lock-picks or motor vehicle master keys;
(15)
False identification cards, citizenship documents, birth certificates,
or items with police insignia;
(16)
Counterfeit currency, stamps, and coins, and equipment designed to produce
them;
(17)
Counterfeit or "knock-off" brand name goods;
(18)
Material that infringes copyright, such as "warez" or bootlegs
(without artist consent);
(19)
Airline tickets that restrict transfer;
(20)
Gambling items, such as lottery tickets, raffle tickets, sweepstakes
entries, slot machines, or sports trading card 'grab bags';
(21)
Used or rebuilt batteries, or batteries containing mercury;
(22)
Used bedding and clothing, unless sanitized as required by law;
(23)
Non-packaged food items or adulterated food;
(24)
Bulk e-mail or mailing lists that contain names, e-mails, phone numbers,
addresses, or other personal identifying information.
H.
Include in your Member profile any telephone number, street address,
last name, URL, or e-mail address.
I.
Disclose your password or transfer your account to any third party,
or allow any third party to access your account.
J.
Impersonate any person or entity, including without limitation sportsmackoff.com.com
officials, staff, and/or Members.
K.
Upload, copy, distribute, share, or otherwise use Content that includes
personal or identifying information about another person without that
person's explicit consent.
L.
Access the Service by any means other than through the interface provided
by sportsmackoff.com for use in accessing the Service. This includes
not using or launching any automated system, including without limitation
any spider, robot (or "bot"), scraper, or offline reader,
that accesses the Service in a way that sends more request messages
to the sportsmackoff.com servers in a given time period than a human
reasonably can produce in the same time period using a conventional
online Web browser; and not using or launching any unauthorized script
to add friends. Notwithstanding this, sportsmackoff.com grants the operators
of general purpose Internet search engines permission to use spiders
to copy Content from the Sites for the sole purpose of creating publicly
available, searchable indices of such Content, but not caches or archives
of such Content. ("General purpose Internet search engine"
does not include a web site or search engine or other service that specializes
in classified listings or in any subset thereof, such as jobs, housing,
for sale, services, or personals, or that is in the business of providing
classified ad listing services.) Sportsmackoff.com reserves the right
to revoke these exceptions, in general or specific instances.
M.
Interfere with or disrupt the Service or servers or networks connected
to the Service, make the Service available over a network (other than
sportsmackoff.com network) where it could be used by others, or disobey
any requirements, procedures, policies, or regulations of networks connected
to the Service.
N.
Use the Service to artificially generate traffic or page links to a
Web site or for any other purpose not intended for personal, noncommercial
use of the Service.
O.
Cover or obscure any banner or other advertisements on any sportsmackoff.com
page via HTML/CSS or other means.
P.
Collect, harvest, or store any personally identifiable information,
including Member account information, from the Service.
Q.
Translate, reverse engineer, decompile, disassemble, modify, or create
derivative works based on the Service, in whole or in part.
R.
Circumvent, disable, violate, or otherwise interfere with any security
related feature of the Service, or any technology or feature that restricts
or prevents copying or use of Content or that enforces limitations on
use of the Service or Content.
S.
Rent, lease, sublicense, transfer, sell, trade, resell, or exploit for
any commercial purposes, any portion of the Service (including without
limitation your account information), use of the Service, or access
to the Service.
T.
Use the Service to harass or "stalk" anyone.
U.
Upload Content that exploits anyone under the age of 18 in a sexual
or violent manner, or that solicits personally identifiable information
from anyone under the age of 18.
V.
Use the Service in any way to provide material support or resources
(or to conceal or disguise the source, location, nature, or ownership
of material support or resources) to any organization designated by
the U.S. government as a foreign terrorist organization under section
219 of the Immigration and Nationality Act, 8 U.S.C. 1189.
W.
Use the Service in any way that violates the terms of this Agreement,
or that aids, encourages, or purports to authorize anyone else to violate
the terms of this Agreement.
X.
Use the Service in any way that intentionally or unintentionally violates
any applicable local, state, national, or international law or regulation.
6. Proprietary rights in content
on sportsmackoff.com.com
You acknowledge and agree
that the Service uses and contains proprietary and confidential technology
and information owned by or licensed to sportsmackoff.com, and protected
by applicable intellectual property and other laws and international
treaties. You are not granted any right or license with respect to the
trademarks of sportsmackoff.com or any third party. You further acknowledge
and agree that Content contained in sponsor advertisements or displayed,
streamed, or otherwise made available through the Service may be protected
by applicable intellectual property and other laws and international
treaties, as well as terms and conditions imposed by third-party licensors
in connection with their Content made available on or through the Service.
7. Member disputes
You are solely responsible
for your interaction with other sportsmackoff.com members or users,
whether online or offline. Sportsmackoff.com reserves the right, but
has no obligation, to monitor or become involved in disputes between
you and other Members or users. If you have a dispute with one or more
Members or users, you release sportsmackoff.com (and our officers, directors,
agents, employees, subsidiaries, and affiliates) 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 dispute.
If you are a California resident, you waive California Civil Code Section
1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him must have materially
affected his settlement with the debtor."
8. Privacy
As
explained herein, use of the Sites and Service is also governed by our Privacy Policy.
9. Disclaimers
A.
The Service (including any software contained therein) is provided "AS-IS."
Any use of the Service is at your own risk. To the maximum extent permitted
by applicable law, sportsmackoff.com expressly disclaims all warranties,
whether express or implied, including without limitation implied warranties
of merchantability, fitness for a particular purpose, non-infringement,
and title. Sportsmackoff.com makes no representation or guarantee that
the service will be free from loss, damage, destruction, corruption,
interference, viruses, worms, bugs, Trojan horses, attacks, hacking,
or other security breaches; and sportsmackoff.com disclaims any liability
relating thereto. Sportsmackoff.com cannot guarantee and does not promise
any specific results from use of the Service or Internet. You are solely
responsible for creating and maintaining your own personal backup of
any of your Content Uploaded to sportsmackoff.com.
B.
The Service may be unavailable from time to time for maintenance or
other reasons. Under no circumstances shall sportsmackoff.com be held
liable for any error, omission, interruption, deletion, loss, corruption,
defect, delay, theft, destruction, unauthorized access to, or alteration
of communications, or any other delay or failure in performance. Without
limiting the foregoing, sportsmackoff.com shall not be held liable for
any problem, technical malfunction, or failure of the Internet or any
telecommunications equipment, network, or line, computer online system,
server or provider, computer or other equipment, e-mail, media player,
or other software or hardware - whether resulting from technical problems,
traffic congestion on the Internet or at any Web site or combination
thereof, or any other reason. Sportsmackoff.com shall not be held liable
for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond sportsmackoff.com reasonable
control, including without limitation other equipment failures, electrical
power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms,
explosions, acts of God, war, governmental actions, orders of domestic
or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heating, lighting, or air conditioning. Sportsmackoff.com
shall not be held liable for any loss, damage, injury, or death of any
person, or any loss or damage to any computer or other equipment, resulting
directly or indirectly from participation in the Service, from accessing
or using Content or other materials in connection with the Service,
and/or from any other reason set forth herein. Without prior notice,
sportsmackoff.com.com may modify, suspend, or discontinue any part of
the Service (including any Content) or your use of them; and in the
event sportsmackoff.com does so, it will not be liable to you or any
third party.
C.
You acknowledge that your Uploading of any Content to sportsmackoff.com.com
is done at your own risk. Sportsmackoff.com shall not be held liable
for any loss, damage, or injury relating to such Content in any way.
Sportsmackoff.com shall not be held liable for any incorrect or inaccurate
Content posted on the Sites or in connection with the Service, whether
caused by users, Members, or any equipment or programming associated
with or used in the Service. Any financial Content displayed on or available
through the Service is for your own personal, non-professional use.
It should not be considered investment advice. Always seek the advice
of a professional financial advisor when making decisions about your
investment strategy. Sportsmackoff.com shall not be held liable for
the conduct of any Member or user. Your interactions with Members, other
individuals, and/or organizations found on or through the Service, including
payment and delivery of goods or services, and any other terms, conditions,
warranties, or representations associated with such dealings, are solely
between you and such Members, individuals, and/or organizations. You
should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of
these third parties. Under no circumstances shall sportsmackoff.com
be held liable for any loss, damage, or injury, including without limitation
personal injury or death, resulting from any use of the Service, any
Content posted on the Service or transmitted to Members, or any interaction
or dealings between Members or users, whether online or offline.
D.
Some of the Content, products, and services available through the Service
may include materials belonging to third parties. Sportsmackoff.com
or its partners may present advertisements or promotional content on
or through the Service. Sportsmackoff.com has no control over and does
not warrant, endorse, guarantee, or assume liability for any Content,
product, or service that is advertised, promoted, or offered by a third
party through the Service or any hyperlinked Web site, or featured in
any banner or other advertising. Your dealings with, or participation
in promotions of, any third-party advertiser on or through the Service
are solely between you and the third party. You agree that sportsmackoff.com
shall not be held liable, directly or indirectly, for any loss, damage,
or injury of any kind incurred as a result of any such dealings or the
presence of such third parties on the Service. As when dealing with
any product or service provider, you should use your best judgment and
exercise caution as appropriate.
E.
The Service may present links to third-party Web sites that are not
owned or operated by sportsmackoff.com. Sportsmackoff.com shall not
be held liable for the availability of such third-party Web sites or
their contents. You agree that sportsmackoff.com.com shall not be held
liable in any way for any loss, damage, or injury caused by or in connection
with your use or reliance on contents, goods, or services available
through any such third-party Web site.
F.
Sportsmackoff.com reserves the right, in its sole discretion, to modify,
delete, or otherwise change a Member's username and URL address, with
or without notice, at any time, and without liability. Sportsmackoff.com
reserves the right to use profile pictures, user names, and/or URL addresses
of Members on the Sites, including without limitation our Sign-Up page,
and in connection with advertisements and promotions.
10. Limitation on liability
IN NO EVENT SHALL SPORTSMACKOFF.COM
BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, GENERAL, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE OR INCOME, BUSINESS INTERRUPTION,
CORRUPTION OF DATA, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS ARISING FROM YOUR
USE OF THE SITES OR SERVICE, EVEN IF SPORTSMACKOFF.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM SPORTSMACKOFF.COM OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT; AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH
ADVICE OR INFORMATION. YOU SPECIFICALLY ACKNOWLEDGE THAT sportsmackoff.com.COM
SHALL NOT BE LIABLE FOR CONTENT UPLOADED BY MEMBERS OR USERS, OR FOR
THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER, USER, OR
OTHER THIRD PARTY, AND YOU BEAR THE ENTIRE RISK OF DAMAGE OR HARM FROM
THE FOREGOING. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH SPORTSMACKOFF.COM THE SERVICE OR ANY LINKS
THEREON, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH SPORTSMACKOFF.COM, OR THE SERVICE
OR ANY LINKS THEREON. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO LIMITATIONS AND EXCLUSIONS HEREIN MAY OR MAY
NOT BE APPLICABLE TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, SPORTSMACKOFF.COM ENTIRE LIABILITY TO YOU FOR ANY CAUSE OR ACTION
WHATSOEVER, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT, SHALL AT
ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPORTSMACKOFF.COM
FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
11. Indemnity
YOU AGREE TO INDEMNIFY
AND HOLD HARMLESS SPORTSMACKOFF.COM, ITS OFFICERS, DIRECTORS, AGENTS,
EMPLOYEES, SUBSIDIARIES, AND AFFILIATES FROM ANY CLAIM, SUIT, ACTION,
DEMAND, LOSS, AND DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES,
COSTS, AND EXPENSES, MADE OR INCURRED BY ANY THIRD PARTY ARISING OUT
OF OR RELATING TO YOUR USE OF THE SERVICE, ANY CONTENT THAT YOU UPLOAD,
YOUR USE OF CONTENT ACCESSED FROM THE SITES OR SERVICE, YOUR VIOLATION
OF THIS AGREEMENT, AND/OR YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS.
12. Disputes
By using the Service,
you agree that the Service shall be deemed solely based in California,
and the Sites shall be deemed a passive Web site that does not give
rise to personal jurisdiction over sportsmackoff.com, either specific
or general, in jurisdictions beyond California. In the event there is
any dispute about or involving the Service, such dispute will be governed
by the laws of the State of California without regard to its conflict
of law principles. You agree to personal jurisdiction by and venue in
the state and federal courts of the State of California, City of Los
Angeles. The parties intend the forum choice of Los Angeles, California
to be mandatory and not permissive in nature.
13. Notices
Sportsmackoff.com may
provide you with notices, including without limitation notices regarding
changes to the Agreement, by e-mail, regular mail, or postings on the
Service. Unless the notice states otherwise, it will become effective
immediately.
14. United States export controls
To the extent that software
used in connection with the Service ("Software") is subject
to U.S. export controls, it may not be downloaded from the Service or
otherwise exported or re-exported: (A) into, or to a national
or resident of, Cuba, Libya, North Korea, Iran, Syria, or any other
country to which the U.S. has embargoed goods; or (B) to anyone
on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using the Software, you represent and warrant that you are not located
in, under the control of, or a national or resident of, any such country
or on any such list.
15. Miscellaneous
This Agreement (including
all sportsmackoff.com policies, guidelines, rules, and notices incorporated
by reference herein) represents the complete and exclusive statement
of the agreement between sportsmackoff.com and you regarding the use
of the Sites or Service; and it supersedes any prior proposal, oral
or written agreement, and any other communications between sportsmackoff.com
and you relating to the subject matter of this Agreement. Any failure
of sportsmackoff.com to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held invalid by a court of competent
jurisdiction, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the remainder of the Agreement shall continue in full force and
effect. No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
Except as otherwise expressly provided in this Agreement, there shall
be no third-party beneficiaries to this Agreement. The section titles
in this Agreement are for convenience only and have no legal or contractual
effect. Sportsmackoff.com is a trademark of sportsmackoff.com, Inc.
Contact us.
If you have any questions about this Terms of Service Agreement, please
contact us at sportsmackoff.com.
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