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TERMS AND CONDITIONS OF USE
Welcome to SportsKids.com! We provide our service to you, subject to
the following "Terms and Conditions of Use" (the "Terms"),
which may be updated by us from time to time without
notice to you. You can always review the most current
version of the Terms at any time at www.sportskids.com/InfoPages/terms.htm.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. By using this
site, you are accepting the Terms. If you do not agree to these terms of use,
please do not use the site. We reserve the right, at our discretion, to change,
modify, add, or remove portions of these terms at any time. Please check these
terms periodically for changes. Your continued use of SportsKids.COM following
the posting of changes to these terms (including the SportsKids.com Privacy
Policy and SportsKids.com Rules) will mean you accept those changes.
1. Services Provided.
SportsKids.com currently provides users with
access to a rich collection of on-line resources, including various communications
tools, online forums, shopping services, personalized content and branded
programming through its network of properties (the "Service"). Unless explicitly
stated otherwise, any new features that augment or enhance the current Service,
including the release of new SportsKids properties, shall be subject to the
Terms. You understand and agree that the Service is provides "AS-IS" and that
SportsKids assumes no responsibility for the timeliness, accuracy, deletion,
mis-delivery or failure to store any user communications or personalization
settings.
In order to use the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World Wide Web, including
a computer and modem or other access device.
2. Registration.
In consideration of your use of the Service that may
require registration, you agree to (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration
form (the "Registration Data") and (b) 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 SportsKids has reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, SportsKids has the right to suspend or terminate your account
and refuse any and all current or future use of the Service, or any portion
thereof.
SportsKids is concerned about the safety and privacy of all its users, particularly
children. For this reason, parents of children under the age of 13 who wish
to allow their children access to the Service must create a SportsKids Family
Account. When you create a SportsKids Family Account and add you child to
the account, you certify that you are at least 18 years old and that you are
the legal guardian of the child/children listed on the SportsKids Family Account.
By adding a child to your SportsKids Family Account, you also give your child
permission to access all of the Services, including the SportsKids.com News
Writers Desk, e-mail, message boards, clubs, instant messages and chat (among
others). Please remember that the Service is designed to appeal to a broad
audience. Accordingly, as the legal guardian, it is your responsibility to
determine whether any of the Services and/or Content (as defined below) is
appropriate for your child.
3. Member Account, Password and Security.
You and your family will
receive a password and account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur under
your password and or account. You agree to (a) immediately notify SportsKids
of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. SportsKids cannot and will not be liable for any loss or damage arising
from your failure to comply with this section.
4. Restrictions on use of materials. This site is owned and operated
by SportsKids.com (referred to herein individually or collectively as "SportsKids,"
"we," "us," or "our"). No material from SportsKids.com or any Web site owned,
operated, licensed, or controlled by SportsKids may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way, except
that you may download one copy of the materials on any single computer for
your personal, noncommercial home use only, provided you keep intact all copyright
and other proprietary notices. Modification of the materials or use of the
materials for any other purpose is a violation of our copyright and other
proprietary rights. For purposes of these terms, the use of any such material
on any other Web site or networked computer environment is prohibited. All
trademarks, service marks, and trade names are proprietary to SportsKids.
5. Submissions.
Any and all material submitted by you to SportsKids.com,
our affiliates, web sites and other properties belongs exclusively to SportsKids.
If at our request you send certain specific submissions (e.g., articles for
SportsKids.com News, postings to chats, message boards, comments, photos,
pictures, graphics or contests) or, if at your own volition, you send us creative
suggestions, ideas, notes, drawings, concepts, or other information (collectively,
the "Submissions"), the Submissions shall be deemed, and shall remain, the
property of SportsKids. None of the Submissions shall be subject to any obligation
of confidence on the part of SportsKids, and we shall not be liable for any
use or disclosure of any Submissions. Without limitation of the foregoing,
SportsKids shall exclusively own all now known or hereafter existing rights
to the Submissions of every kind and nature throughout the universe and shall
be entitled to unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the Submissions.
6. Forums and Public Communication.
"Forum" means a chat area, bulletin
board, comment section, the SportsKids.com News, or e-mail function offered
as part of SportsKids.com. You shall not upload to, distribute through, or
otherwise publish through SportsKids.com any content that is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity rights,
abusive, illegal, or otherwise objectionable that would constitute or encourage
a criminal offense, violate the rights of any party, or otherwise give rise
to liability or violates any law.
The Forums shall be used only in a noncommercial manner. You shall not, without
our express approval, distribute or otherwise publish any material containing
any solicitation of funds, promotion, advertising, or solicitation for goods
or services. You specifically acknowledge that soliciting other SportsKids.com
guests to join or become members of any commercial online service or other
organization is expressly prohibited. You must also follow the House Rules
whenever you are using SportsKids.com.
It is our policy to respect the privacy of all guests. Therefore, in addition
to the privacy of Registration data (see our Privacy Policy), we will
not monitor, edit, or disclose the contents of a guest's e-mail unless required
in the course of normal maintenance of SportsKids.com and its systems or unless
required to do so by law or in the good-faith belief that such action is necessary
to: (1) comply with the law or comply with legal process served on SportsKids;
(2) protect and defend the rights or property of SportsKids; or (3) act in
an emergency to protect the personal safety of our guests or the public. Guests
shall remain solely responsible for the content of their messages.
By uploading materials to any Forum or submitting any materials to us, you
automatically grant (or warrant that the owner of such rights has expressly
granted) us a perpetual, royalty free, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, and distribute such materials or incorporate such materials into
any form, medium, or technology now known or later developed throughout the
universe. In addition, you warrant that all so-called moral rights in those
materials have been waived.
7. Indemnification.
You agree to indemnify and hold SportsKids, and
its subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit,
post, transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of the Terms, or your violation
of any right of another.
8. Use and Storage Limitations
You acknowledge that SportsKids may
establish general practices and limits concerning use of the Service, including
without limitation the maximum number of days that e-mail messages, message
board postings, photos, submissions to the SportsKids.com News or other uploaded
Content will be retained by the Service, the maximum number of e-mail messages
that may be sent from or received by an account on the Service, the maximum
size of any e-mail message that may be sent from or received by an account
on the Service, the maximum disk space that will be allotted on SportsKids'
servers on your behalf, and the maximum number of times (and the maximum duration
for which) you may access the Service in a given period of time. You agree
that SportsKids has no responsibility or liability for deletion or failure
to store any messages and other communications or other Content maintained
or transmitted by the Service. You acknowledge that SportsKids reserves the
right to log off accounts that are inactive for an extended period of time.
You further acknowledge that SportsKids reserves the right to change these
practices and limits at any time, in its sole discretion, with or without
notice.
9. Advertisers
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such advertiser. You agree that SportsKids shall not be responsible
or liable for any loss or damage or any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on the
Service.
10. Links.
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because
SportsKids has no control over such sites and resources,
you acknowledge and agree that SportsKids 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. You further
acknowledge and agree that SportsKids 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.
11. Jurisdictional Issues.
Unless otherwise specified, the materials
in the site are presented solely for the purpose of promoting SportsKids,
our services other products available in the United States and its territories,
possessions, and protectorates. This site is controlled and operated by SportsKids
from its offices within the State of West Virginia, United States of America.
SportsKids makes no representation that materials in the site are appropriate
or available for use in other locations. Those who choose to access this site
from other locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
Software from this site is further subject to United States export controls.
Nothing from this site may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the U.S. has embargoed goods; or
(ii) 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 SportsKids, 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.
12. Termination. These terms are effective until terminated by either
party. You may terminate these terms at any time by destroying all materials
obtained from any and all SportsKids site(s) and all related documentation
and all copies and installations thereof, whether made under the terms of
these terms or otherwise. These terms will terminate immediately without notice
from SportsKids if in our sole discretion you fail to comply with any term
or provision of these terms. Upon termination, you must destroy all materials
obtained from this site and any and all other SPORTSKIDS site(s) and all copies
thereof, whether made under the terms of these terms or otherwise.
13. Disclaimer
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, SPORTSKIDS DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. SPORTSKIDS DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPORTSKIDS DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT SPORTSKIDS) ASSUME THE ENTIRE COST
OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
Further, SportsKids.com explicitly disclaims any responsibility
for the accuracy, content, or availability of information
found on sites that link to or from SportsKids.com from
third parties not associated with SportsKids. SportsKids.com
encourages discretion when browsing the Internet using
our or anyone else's service. Because some sites employ
automated search results or otherwise link you to sites
containing information that may be deemed inappropriate
or offensive, SportsKids cannot be held responsible
for the accuracy, copyright compliance, legality, or
decency of material contained in third-party sites,
and you hereby irrevocably waive any claim against us
with respect to such sites.
SportsKids.com cannot ensure that you will be satisfied with any products
or services that you purchase from a third-party site that links to or from
SportsKids.com, since other shop channels are owned and operated by independent
retailers. SportsKids.com does not endorse any of the merchandise, nor has
SportsKids.com taken any steps to confirm the accuracy or reliability of,
any of the information contained in such third-party sites. SportsKids.com
does not make any representations or warranties as to the security of any
information (including, without limitation, credit card and other personal
information) you might be requested to give any third party, and you hereby
irrevocably waive any claim against us with respect to such sites. We strongly
encourage you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SPORTSKIDS
BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
MATERIALS IN THIS SITE, EVEN IF SPORTSKIDS OR A SPORTSKIDS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL SPORTSKIDS' TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS SITE.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated Agent.
See Notice and Procedure for Making Claims of Copyright Infringement.
OTHER
These terms shall be governed by and construed in accordance with the laws
of the State of West Virginia, without giving effect to any principles of conflicts
of law. You agree that any action at law or in equity arising out of or relating
to these terms shall be filed only in the state or federal courts located
in Parkersburg, West Virginia and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. If any provision
of these terms shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these terms and shall not affect
the validity and enforceability of any remaining provisions. This is the entire
agreement between us relating to the subject matter herein and shall not be
modified except in writing, signed by both parties.
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