Effective Date: NOVEMBER 21, 2011
1. Intellectual Property. All information, content, services and software displayed on, transmitted through, or used in connection with the Site, including for example and without limitation text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by the Company, and/or its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use. If you operate a website and wish to link to the Site, you may do so upon written notice to the Company, provided you agree to immediately cease such link upon request from the Company. No other use of the Site is permitted without prior written permission of the Company. The permitted use described in this paragraph is contingent on your compliance at all times with this Agreement.
Subject to any applicable end-user license agreement(s) which may or may not accompany any downloads from the Site, you may not (i) republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache, (ii) distribute any Content to others, whether or not for payment or other consideration, (iii) modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content, or (iv) scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
Requests to use Content for any purpose other than as permitted in this Agreement should be directed to the address(es) listed in Section 15 below.
2. Copyright Complaints. The Site respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Site, please contact us at the address(es) listed in Section 15 below.
3. User-Provided Information and Content. By providing information to, communicating with, and/or placing material or Messages (as defined below) on the Site, you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Agreement; (2) all information you provide is true, accurate, current and complete, and does not violate this Agreement; and, (3) the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited.
For all such information and material, you grant the Company, its affiliates and related entities, including the Site, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. You also grant the Company the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. You acknowledge and agree that all rights in this paragraph are granted without the need for additional compensation of any sort to you and that you are waiving any claim against the Company, the Site, and the affiliates of the foregoing, regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
4. Communications with Third Parties Through The Site. Your dealings or communications through the Site with any party other than the Company and the Site are solely between you and that third party. For example, certain areas of the Site may allow you to conduct transactions or purchase goods or services. In certain cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will the Company or the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials and/or services provided by third parties should be forwarded directly to the third party.
During your visit to the Site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. The Company and the Site are not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
5. Message Features. The Site may offer opportunities for you to send or post messages, postings, information and/or other submissions in connection with various features of the Site, including without limitation chat rooms, message boards and fan forums (collectively, "Message Features").
Registration may be required to participate in any Message Feature. Your registration shall not impose any duty on the Company to provide any particular service to you. Please do not disseminate any user names and passwords that are generated from your registration with the Site.
You must use Message Features in a responsible manner. You must not transmit any message ("Message") in connection with any Message Feature that: (i) imposes an unreasonable or disproportionately large load on the Site’s infrastructure, or otherwise inhibits any user from enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, defamatory, obscene, offensive, profane, or sexually explicit; (iii) constitutes, or encourages conduct that violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotion or commercial solicitation of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature.
The Company shall have the right, but not the obligation, in its sole discretion to review, edit or delete any Message transmitted in any Message Feature that: (i) violates any term of this Agreement; or (ii) is otherwise illegal or inappropriate. Depending on the nature of the violation, the Company shall have the sole discretion to terminate your access to the Site. The Company will cooperate fully with any law enforcement authorities or court order requesting or directing it to disclose personal information of anyone who submits a Message that violates the foregoing terms.
Although the Company may from time to time monitor or review Messages, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any Message or for any error, defamation, omission, falsehood, obscenity, pornography, profanity, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement of same by Company.
Any and all Messages submitted to the Site will be treated as, non-confidential. By submitting a Message to the Site, you acknowledge that any information disclosed therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Company; and (iv) is subject to the grant of rights to the Company described elsewhere in this Agreement.
6. Votes, Contests and Sweepstakes. The Site may from time to time offer you opportunities to vote in connection with certain events and also to enter various contests and sweepstakes. By casting a vote or entering contests or sweepstakes, you signify your agreement to all special terms set forth on the Site or elsewhere applicable to the balloting, contest or sweepstakes, as well as to the terms and conditions set forth in this Agreement.
7. Transactions and e-commerce on our site. During your visit to the Site you may elect to engage in a transaction involving the purchase of a product or service. To serve you most efficiently, payments (e.g. PayPal, Credit Cards, etc.) and order fulfillment may be handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you're concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. The Company cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
On occasion, a product or service may not be available at the time or the price as it appears or is promoted. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree that the Company is not responsible for such errors or discrepancies.
8. Online Store. The North American Lacrosse League online store (the "Store") allows you to order various North American Lacrosse League products and apparel (the "Merchandise"). By placing an order in the Store, you agree to pay the Company all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by the Company or your credit card issuer. The Company may bill your credit card at the time Merchandise is ordered. The Company reserves the right, in its sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. You may have the option to personalize certain Merchandise ordered on the Store (e.g., jerseys). The Company reserves the right, in its sole discretion, without prior notice, to refuse to fulfill any order for Merchandise containing personalized content which the Operator deems to be illegal, offensive or inappropriate. Questions relating to the Store, Merchandise and its fulfillment should be directed to the Company at the address(es) listed in Section 15 below.
9. Online Auction Feature. The North American Lacrosse League online auction feature (the "Auction") allows you to place bids upon, and possibly win, unique North American Lacrosse League products (e.g., game worn apparel, autographs, etc.). By placing a bid on the Auction, you agree to pay the Company all amounts accrued in your account, including sales tax and shipping and handling charges, if you are ultimately the winner of a particular auction. The Company reserves the right, in its sole discretion, to refuse service to any customer. Due to the nature of the items that are available on the Auction, all sales are final and all items are delivered “as is”. Questions relating to the Auction should be directed to the Company at the address(es) listed in Section 15 below.
10. Generally Prohibited Uses. Without limiting the other provisions of this Agreement in any way, you agree to not use the Site to:
You acknowledge, consent and agree that the Company may access, preserve and disclose your account information and/or Messages if required to do so by law, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of your Messages violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Company, the Site, Site users and the public.
11. General Disclaimer and Limitation of Liability. While the Company uses commercially reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. The Company does not represent or warrant that use of any Content will not inadvertently infringe rights of third parties. The Company has no responsibility for actions of third parties or for content provided or posted by others.
USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER THE COMPANY, THE SITE, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE PAST, PRESENT OR FUTURE EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. THE COMPANY, THE SITE, AND THE AFFILIATES OF THE FOREGOING ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
THE COMPANY RESERVES THE RIGHT TO ALTER THE CONTENT OF THE SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
IN NO EVENT SHALL THE COMPANY OR THE SITE, INCLUDING THEIR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS AND LICENSORS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OF THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY, THE SITE, OR THEIR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS OR LICENSORS COLLECTIVELY BE LIABLE FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT IN EXCESS OF ONE HUNDRED DOLLARS ($100.00).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQENTIAL DAMAGES, THE LIABILITY OF THE COMPANY AND THE SITE, INCLUDING THEIR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS AND LICENSORS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
12. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE COMPANY AND THE SITE, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL LIABILITIES, CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE SITE; (2) THE COMPANY OR THE SITE'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
13. International Users. The Site is controlled, operated and administered from within the United States. The Company makes no representation that materials, Content, or Messages available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
14. Miscellaneous: The Company reserves the right to change this Agreement at any time in its sole discretion and to notify users of any such changes solely by posting such changes. Your continued use of the Site after the posting of any amended agreement shall constitute your agreement to be bound by any such changes.
The Company may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. The Company may deny access to any person or user at any time for any reason. In addition, The Company may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company or any of its assets.
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