SportsPage - Terms of Use

Eligibility: Use of the Sportspage Services is void where prohibited. By using the Sportspage Services, you represent and warrant that you are at least 13 years of age and that your use of the Sportspage Services does not violate any applicable law or regulation. Your profile may be deleted and your account may be terminated without warning if we believe that you are under 13 years of age.
Term: These Terms of Use shall remain in full force and effect so long as you continue to use the Sportspage Services. You may terminate your account at any time, for any reason or no reason, by following the instructions on the Account Settings page. Even after your account is terminated, these Terms of Use will remain in effect, including sections 5-19 hereof.
Fees: You acknowledge that Sportspage reserves the right to charge for the Sportspage Services or any portion of the Sportspage Services and to change its fees from time to time in its discretion. If Sportspage terminates your account because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of subscription fees.
Registration Data and Account Security: In consideration of your use of the Sportspage Services, you agree to (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sportspage Services ("Registration Data"), (ii) maintain the security of your password and identification, (iii) maintain and promptly update the Registration Data, and any other information you provide to Sportspage, to keep it accurate, current and complete, (iv) be fully responsible for all use of your account and for any actions that take place using your account, (v) not use the account, username, or password of any other User at any time or to disclose your password to any third party, and (vi) notify Sportspage immediately if you suspect any unauthorized use of your account or access to your password.
Non-commercial Use: The Sportspage Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically approved by Sportspage. Illegal and/or unauthorized use of the Sportspage Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Sportspage Services is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from User profiles without notice and may result in termination of account privileges and User access to the Sportspage Services.
Proprietary Rights in Content on Sportspage/Limited License:

Sportspage does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you, or any other User, post to the Sportspage Services (collectively, "Content"). After posting your Content to the Sportspage Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose (subject to these Terms of Use). By posting any Content on or through the Sportspage Services, you authorize and direct Sportspage to make such copies and distributions as we deem necessary in order to facilitate the posting, storage and access to the Content.
By posting Content on or through the Sportspage Services, you hereby automatically grant to Sportspage an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose whether commercial or otherwise, on or in connection with the Sportspage Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, to compile any such Content with other Content (including the preparation of databases consisting of aggregated information from multiple Users of the Sportspage Services), and to grant and authorize sublicenses of the foregoing. You may remove your Content from the Site at any time. If you choose to remove your Content, the license granted above will survive the removal of such Content to the extent any such Content has been compiled with other Content. In addition, you acknowledge that Sportspage may retain archived copies of your Content.
You represent and warrant that (i) you own the Content posted by you on or through the Sportspage Services or otherwise have the right to grant the license set forth in this section and (ii) the posting of your Content on or through the Sportspage Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Sportspage Services.
The Sportspage Services contain Content of Sportspage ("Sportspage Content"). Sportspage Content is protected by copyright, trademark, patent, trade secret and other laws, and Sportspage owns, or has otherwise obtained a license to use, and retains all rights in the Sportspage Content and the Sportspage Services. Except for your personal use in connection with using the Sportspage Services, you may not reproduce, store, distribute or display any of the Sportspage Content.
The Sportspage Services provide access to Content of Users and other Sportspage licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Sportspage Services.

Content Posted: Please choose carefully the information you post on Sportspage and that you provide to other Users.

Sportspage may, but is not obligated to, review or monitor the Sportspage Services and delete or remove, without notice, any Content that in its sole discretion, for any reason or no reason, including without limitation Content that violates these Terms of Use or that may be offensive, illegal or violate the rights (including intellectual property rights), harm, or threaten the safety of any person. If at any time Sportspage chooses, in its sole discretion, to review or monitor the Sportspage Services, Sportspage nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Sportspage Services, and any material or information that you transmit to, and for your interactions with other Users. Sportspage does not endorse and has no control over the Content. Content is not necessarily reviewed by Sportspage prior to posting and does not necessarily reflect the opinions or policies of Sportspage. Sportspage makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users.

Prohibited Content: The following is a partial list of Content that is illegal or prohibited to post on or through the Sportspage Services. Sportspage reserves the right to investigate and take appropriate legal action against anyone who, in Sportspage's sole discretion, violates this provision, including without limitation, removing the offending communication from the Sportspage Services and terminating the account of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Sportspage:

is harmful, threatening, unlawful, infringing, abusive, inflammatory, harassing or advocates the harassment of another person, vulgar, obscene, lewd or otherwise patently offensive, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
solicits personal information from anyone under 18 years of age;
solicits passwords or personally identifying information for commercial or unlawful purposes;
provides any telephone numbers, street addresses, last names, URLs or email addresses;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated video or music or links to pirated video or music files;
involves the transmission of any unsolicited or unauthorized advertising, solicitations, promotional materials, commercial email, "spam," "chain letters" or any other form of solicitation;
contains restricted or password only access pages or hidden pages or images;
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
includes a photograph of another person that you have posted without that person's consent.

Prohibited Activity: The following is a partial list of the kind of activity that is illegal or prohibited through your use of the Sportspage Services. Sportspage reserves the right to investigate and take appropriate legal action against anyone who, in Sportspage's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

criminal or tortious activity, including trafficking in obscene material, child pornography, fraud, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any User to buy or sell any products or services through the Sportspage Services. You may not transmit any unsolicited commercial email to other Users. It is also a violation of these rules to use any information obtained from the Sportspage Services in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent;
covering or obscuring the banner advertisements on your personal profile page, or any Sportspage page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add contacts or send comments or messages;
interfering with, disrupting, or using the Sportspage Services or the networks or services connected to the Sportspage Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sportspage Services or the networks or services connected to the Sportspage Services;
attempting to impersonate another User, person or entity, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the Sportspage Services in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Sportspage Services on behalf of that person; or
using the Sportspage Services in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy: You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information ("Intellectual Property") belonging to others without obtaining the prior written consent of the owner of such Intellectual Property. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Sportspage has adopted a policy of terminating, in appropriate circumstances and at Sportspage's sole discretion, Users who are deemed to be repeat infringers. Sportspage may also, at its sole discretion, limit access to the Sportspage Services and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that your work has been copied and posted on the Sportspage Services in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with written communication as set forth in DMCA 17 U.S.C. § 512(c)(3) that contains substantially the following information:

a description of the copyrighted material or Intellectual Property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Sportspage Services;
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
your address, telephone number, and email address.

You may submit your notice of claims of copyright infringement to our Designated Copyright Agent by fax, mail or email as set forth below:

Sportspage Designated Copyright Agent

Sportspage, Inc.,

113A Melbourne Park Circle, Charlottesville, VA 22901

contactus@sportspageinc.com

Fax: (617)977-8403

Submissions: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sportspage Services ("Submissions"), provided by you to Sportspage are non-confidential and shall become the sole property of Sportspage. Sportspage shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
User Disputes: You are solely responsible for your interactions with other Sportspage Users. Sportspage reserves the right, but has no obligation, to monitor disputes between you and other Users.
Privacy: We care about the privacy of our Users. Use of the Sportspage Services is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. By using the Sportspage Services, you are consenting to have your personal data transferred to and processed in the United States.
Disclaimers: THE SPORTSPAGE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND SPORTSPAGE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPORTSPAGE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SPORTSPAGE SERVICES.

Sportspage is not responsible or liable in any manner for any Content posted on or through the Sportspage Services, whether caused by the Sportspage Services, by Sportspage, by third parties or by any of the equipment or programming associated with or utilized in the Sportspage Services.
Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on or through the Sportspage Services and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on or through the Sportspage Services. The Sportspage Services contain (or you may be sent through the Sportspage Services) links to other web sites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Sportspage, and we are not responsible for any Third Party Websites accessed through the Sportspage Services or any Third Party Content posted on, available through or installed from the Sportspage Services, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in such Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by Sportspage. If you decide to leave the Sportspage Services and access any Third Party Websites or to use and Third Party Content or install any third-party applications or software, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Websites to which you navigate from the Sportspage Services or relating to any applications you use or install from the Sportspage Services.
Sportspage takes no responsibility for third party advertisements that are posted on or through the Sportspage Services, nor does it take any responsibility for the goods or services provided by its advertisers.
Sportspage assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication.
Sportspage is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Sportspage Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Sportspage Services.
Under no circumstances shall Sportspage be responsible for any loss or damage, including personal injury or death, resulting from use of the Sportspage Services, from any Content posted on or through the Sportspage Services, or from the conduct of any Users of the Sportspage Services, whether online or offline.

Limitation on Liability: IN NO EVENT SHALL SPORTSPAGE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SPORTSPAGE SERVICES, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SPORTSPAGE SERVICES, EVEN IF SPORTSPAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPORTSPAGE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPORTSPAGE FOR THE SPORTSPAGE SERVICES DURING THE TERM. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO SPORTSPAGE FOR THE SPORTSPAGE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SPORTSPAGE, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law, Venue and Jurisdiction: By using the Sportspage Services, you agree that the laws of the [State of Delaware], USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Sportspage or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Massachusetts, USA, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Massachusetts.
Arbitration: YOU AND SPORTSPAGE AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES IN CONNECTION WITH THE SPORTSPAGE SERVICES AND ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND/OR THE SPORTSPAGE SERVICES (INCLUDING YOUR VISIT TO OR USE OF THE SPORTSPAGE SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, except that: to the extent that either of the parties have in any manner infringed upon or violated or threatened to infringe upon or violate the other party's Intellectual Property, or you have otherwise violated any of the User conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under these Terms of Use shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Sportspage will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SPORTSPAGE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Sportspage Services (including your visit to or use of the Sportspage Services) be instituted more than three (3) years after the applicable cause of action first arises.
Indemnity: You agree to indemnify and hold Sportspage, its subsidiaries, and affiliates, and each of their respective directors, officers, agents, contractors, partners and employees, harmless from any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees (collectively "Claims"), made by any third party arising out of or in connection with (i) your use of the Sportspage Services in violation of these Terms of Use, (ii) a breach of these Terms of Use, (iii) any breach of your representations and warranties set forth above, and/or (iv) any Content that you post on or through the Sportspage Services. In addition, you shall indemnify and hold Sportspage, its subsidiaries, and affiliates, and each of their respective directors, officers, agents, contractors, partners and employees, harmless from and against any and all Claims made by any third party arising out of or in connection with infringement or violation of any intellectual property, rights of privacy or publicity, or other property or personal rights of any person or entity, and Claims based upon violation of any applicable law.
Other: These Terms of Use are accepted upon your first use of any of the Sportspage Services and are further affirmed by your registering with Sportspage. These Terms of Use are thereafter ratified and reaffirmed on each occasion on which you access or use the Sportspage Services. These Terms of Use constitute the entire agreement between you and Sportspage regarding the use of the Sportspage Services. The failure of Sportspage to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

BEFORE REGISTERING AS A USER OF SPORTSPAGE, YOU MUST HAVE READ AND AGREED TO ALL OF THE PROVISIONS CONTAINED ABOVE