1. THE SERVICE
The services available on this proprietary web site are
designed to provide your coach and your entire community with a broad array of
communication tools designed to facilitate the entry and transmission of information
among the users of the website. (the “Service or Section 1 Senior Bowl Service”) THE
SERVICE IS OWNED BY VARSITY NETWORKS, INC. (“VN”), A PROVIDER OF SPORT’S
NETWORKS. VN IS PROVIDING SECTION 1 SENIOR BOWL WITH A FREE LICENSE TO ALLOW COACHES,
PLAYERS, PARENTS, BOOSTERS AND ALUMNI OF SECTION 1 SENIOR BOWL TO USE THE SERVICE. IN
RETURN FOR PROVIDING THE SECTION 1 SENIOR BOWL SERVICE WITHOUT CHARGE VN RETAINS THE RIGHT TO
SELL OR PERMIT THIRD PARTIES TO SELL ON OR THROUGH THE WEBSITE MERCHANDISE,
PHOTOS (INCLUDING PHOTOS POSTED BY USERS OF THE WEBSITE), SERVICES AND ADVERTISING
SPACE FOR VN’S OWN ACCOUNT AND FOR THE ACCOUNT OF THIRD PARTIES. VN MAY IN ITS
DISCRETION SHARE A PORTION OF THE REVENUES GENERATED FROM SUCH SALES WITH THE
TEAM. Although the Section 1 Senior Bowl Service is designed to make it easier for coaches to
communicate with players and parents the coaches and other persons designated
to participate in the management of the Section 1 Senior Bowl website ( jointly referred to as
the “Representatives”) may not have posted or reviewed any portion of the
Content (as defined below). The benefits to users of the Section 1 Senior Bowl Service will
depend in large part upon coach and player registrations and the use of the Section 1 Senior Bowl
Service by coaches and other Representatives. VN offers to sell annual licenses
for upgrade packages which are described on the Section 1 Senior Bowl website and in emails which
may be sent to the Representatives parents and players. The Service is offered
subject to the terms and conditions of the TOS. The Service may be modified or
upgraded from time to time during the term of this agreement in the discretion
of VN.
2. RISKS ASSOCIATED WITH USE
Use of the Section 1 Senior Bowl Service is at the user's sole risk. Neither the
Section 1 Senior Bowl Service nor the service providers claim or warrant that the Section 1 Senior Bowl Service or
any of the other services offered through or on the Service will be uninterrupted
or error free; nor do they make any warranty as to the accuracy, completeness,
usefulness, quality, reliability, appropriateness or suitability of any
information, messages, listings, advertisements, services or merchandise
provided on the web site through the Section 1 Senior Bowl Service, or as to the results that may
be obtained from use of the Section 1 Senior Bowl Service or other services offered through or on
the website. The Section 1 Senior Bowl Service and the service providers make no representations
concerning any effort to review the content provided on the web site and are
not responsible for the accuracy or reliability of the content provided by
users, representatives of Section 1 Senior Bowl or other persons. Your successful use of the
Service will depend upon the timeliness, clarity and accuracy of the information
posted by users, representatives of Section 1 Senior Bowl and other persons and your accessing
and understanding the information. Neither Section 1 Senior Bowl nor the service providers offer
any representations or assurances that the communications even if originated by
them will be timely, free of errors or omissions, suitable or appropriate or
that you will be able to realize the anticipated benefits from the use of the
Service. Even though they are not a part of the Service and may not prove to be
useful in a particular case, you must include phone and cell phone numbers when
imputing your contact information as a backup to support the Service because
users will not always have access to the Internet when they need to send or
access a communication or there is a need for a representative of the team to
contact a user. VN’s Assist Platform provide local sport’s teams and their
communities with the ability to create, collect, organize, communicate and
distribute their information and other content and funds electronically.
3. USE SUBJECT TO TERMS OF TOS
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SECTION 1 SENIOR BOWL SERVICE IS
SUBJECT TO THE TERMS AND CONDITIONS OF THE TOS WHICH MAY BE MODIFIED BY VN AT
ANY TIME, THAT THE SECTION 1 SENIOR BOWL SERVICE IS PROVIDED ON AN "AS IS" BASIS AND
THAT THE SERVICE PROVIDERS AND SECTION 1 SENIOR BOWL IF IT USES THE SERVICE EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT.
4. NO LIABILITY
IN NO EVENT WILL THE SECTION 1 SENIOR BOWL SERVICE, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SECTION 1 SENIOR BOWL SERVICE OR THE CONTENT
INCLUDED THEREIN, BE LIABLE TO YOU OR ANY OTHER PERSON IN CONTRACT, IN TORT
(INCLUDING FOR THEIR OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR
ECONOMIC LOSS, OR PERSONAL INJURY, STRESS OR INCONVENIENCE ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SECTION 1 SENIOR BOWL SERVICE OR ANY OTHER SERVICE OFFERED THROUGH
OR ON THE WEB SITE.
5. FURTHER DISCLAIMER
The provisions of the above section shall apply to all use
of and Content on the Section 1 Senior Bowl Service. This disclaimer of liability applies to any
damages or injury caused by any failure of performance, error, display of
erroneous or inappropriate information, omission, inaccuracy, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, loss or damage to any photograph or other content
you may provide for inclusion in the Service, theft or destruction or
unauthorized access to, alteration of, or use of the Section 1 Senior Bowl Service, whether for
breach of contract, tortuous behavior (including strict liability), negligence,
or under any other cause of action.
6. TRADEMARKS
Certain of the names, logos, and other materials displayed
in the Service constitute trademarks or intellectual property of the service
providers or other entities. You are not authorized to use any such marks
except in connection with the use of the Service and you acknowledge that
ownership of such trademarks and other intellectual property remains with the
service providers or those other entities.
7. RESPONSIBILITY OF USER
You are responsible for gaining access to the Service and
imputing or modifying information with respect to yourself and your children or
children for whom you have responsibilities. You are also responsible for your
understanding and determining the accuracy, reliability, ownership or right to
use, suitability and authenticity of all content and information imputed by
you. Children under the age of 18 must obtain permission from a parent or person
with whom they reside before they are authorized to enter or supply contact
information or any other information which may appear on the website or
otherwise use the service. However, we have no obligation to enforce this
policy and have no responsibility for unauthorized use. The service providers
call your attention to the privacy policy. All persons using the Service agree
not to violate such privacy policy. You agree that Section 1 Senior Bowl and the service
providers may use your, your children’s and the children’s for whom you have
responsibility contact information in connection with the providing services to
you or in connection with a league or organization with which you are
affiliated. You also agree that the service providers may use any content
supplied by you and publicly displayed on the Section 1 Senior Bowl Service in connection with
the sale of products or services or their marketing efforts.
8. RESPONSIBILITY FOR CONTENT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages, advertisements, contact
information or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from which
such Content originated. This means that you and other users and third parties,
and not Section 1 Senior Bowl or the service providers, are entirely responsible for all Content
that you or such other users or third parties upload, post, email, transmit or
otherwise make available via the Service whether or not Representatives of Section 1 Senior Bowl,
the Section 1 Senior Bowl Service, its representatives or the service providers assist you or
other users in making such Content available on the Section 1 Senior Bowl Service or if The Section 1 Senior Bowl
Service or the service providers permit the display of or fail to remove any
Content which is inappropriate or inaccurate or which otherwise violates the
TOS. Representatives of Section 1 Senior Bowl, the Section 1 Senior Bowl Service, its representatives and the
service providers do not control the Content posted via the Service by you,
other users and third parties and, as such, do not guarantee the accuracy,
integrity, quality or appropriateness of such Content. You understand that by
using the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will the Section 1 Senior Bowl Service or the service
providers be liable in any way for any Content whether of not it was created or
posted by Section 1 Senior Bowl or the service providers, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of or inability to use any Content posted,
emailed, transmitted or otherwise made available via the Service. Your sole
remedy shall be against the persons other than the Section 1 Senior Bowl Service or the service
providers, who originated, submitted or modified the Content.
You agree not to and will not permit your children or the
children for whom you have responsibility to use the Service to:
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a.
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upload, post, email, transmit or otherwise make available
or modify any Content that is unlawful, harmful, inappropriate, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
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b.
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harm minors in any way;
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c.
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impersonate any person or entity, including, but not limited
to, a the Section 1 Senior Bowl Service or service provider official, coach, player, teacher,
parent, student, leader, user, employee, guide or host, or falsely state or
otherwise misrepresent the affiliation with a person or entity;
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d.
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forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the Service;
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e.
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upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
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f.
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upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
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g.
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upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except to
offer products or services generally associated with the intended use of the
web site to promote the interests of the organization .
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h.
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upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
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i.
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disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to type,
or otherwise act in a manner that negatively affects other users' ability to
engage in real time exchanges;
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j.
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interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
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k.
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intentionally or unintentionally violate any applicable
local, state, national or international law and any regulations having the
force of law;
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l.
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"stalk" or otherwise harass another; or
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m.
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collect or store personal data about other users except to
offer products or services generally associated with the intended use of the
web site to promote the interests of the organization.
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You acknowledge that the Section 1 Senior Bowl Service, the Representatives and
the service providers have no responsibility for pre-screening Content. Section 1 Senior Bowl and
the Representatives and the service providers shall have the right (but not the
obligation) in their sole discretion to refuse or remove any Content that is
available via the Service. You agree to use reasonable efforts to remove from the
web site any Content which violates the TOS. Without limiting the foregoing, the
Section 1 Senior Bowl Service, the Representatives and the service providers shall have the right
to remove any Content that violates the TOS or is otherwise objectionable. You
agree that the Section 1 Senior Bowl Service requires you to agree to bear all risks associated
with the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on the accuracy or completeness of any Content created by
the Section 1 Senior Bowl Service or the service providers or submitted to the Section 1 Senior Bowl Service or any
service provider by any users or a third party
Users are required to input telephone and cell phone numbers
when entering their contact information to facilitate an alternative means of
communication which will act as a back-up system in the event of a
non-communication or miscommunication resulting from the use of or
unavailability of the Service. Imputing such information will not ensure that
you will receive or be able to obtain the correct information when desired.
You acknowledge and agree that the Section 1 Senior Bowl Service or the
service providers may (i)preserve Content,(ii) make the Content available for
use by an affiliated team, league, organization or other affiliated entity,(iii)
offer any Content, including but not limited to photographs, for sale for the
account of Section 1 Senior Bowl or for the account of a service provider, (iv)permit use of the
Content in connection with the marketing efforts of the service providers and (v)
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of the Section 1 Senior Bowl Service, the service providers, users and the
public.
All of the provisions hereof relating to Content shall apply
with respect to any advertisement which you or any other person submits for
inclusion on the website. The service providers’ compensation for providing the
website includes retention of the advertising revenues from ads placed on the
website, but they do not control the Content of and are not responsible for
such ads. Users are advised that they should not click on and should ignore
inappropriate ads which appear on the website and should monitor the use of the
website by children for whom they are responsible.
You understand and acknowledge that the technical processing
and transmission of the Service, including the Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
The Section 1 Senior Bowl Service does not claim ownership of Content you
submit or make available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly accessible areas
of the Service, you grant the Section 1 Senior Bowl Service and the service providers the
following world-wide, royalty free and non-exclusive license(s), as applicable,
to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service (i) for the purposes of providing and
promoting the Section 1 Senior Bowl Service and the Services of the leagues and organizations
with which the Section 1 Senior Bowl Service or the service providers are affiliated (ii) for
the use, duplication and sale of such Content, including photos, by the Section 1 Senior Bowl
Service and the service providers, and (iii) promoting the business of the
service providers. The Representatives, if any, using the Service or the
service providers will remove any Content you submitted and which you at a later
date request that the Representatives or the service providers remove from the
site.
"Publicly accessible" areas of the Service are
those areas of the Section 1 Senior Bowl Service network of properties that are intended by the
Section 1 Senior Bowl Service to be available to the general public.
All modifications or improvements of the Service proposed or
developed by you and all modifications or improvements of the Service developed
by the Section 1 Senior Bowl Service or the service providers whether or not requested by you
shall when incorporated into the Service become the property of the service
providers.
10. INDEMNITY
You agree to indemnify and hold the Section 1 Senior Bowl Service and the
service providers and their 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 TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the Section 1 Senior Bowl Service or the service
providers may establish general practices and limits concerning use of the
Service, including without limitation the maximum number of days that email
messages, message board postings or other uploaded Content will be retained by
the Service, the maximum number of email messages that may be sent from or
received by a user on the Service, the maximum size of any email message that
may be sent from or received by a user on the Service, the maximum disk space
that will be allotted on the Section 1 Senior Bowl Service's or the service providers’ 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 the
Section 1 Senior Bowl Service and the service providers have no responsibility or liability for
the deletion or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You further acknowledge that the
Section 1 Senior Bowl Service and the service providers reserve the right to change these general
practices and limits at any time, in their sole discretion, with or without
notice whether or not payment has been made to upgrade the Section 1 Senior Bowl Service/
13. MODIFICATIONS OR DISCONTINUATION OF SERVICE
The Section 1 Senior Bowl Service and the service providers reserve the right
at any time and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You
agree that neither The Section 1 Senior Bowl Service nor the service providers shall be liable to
you, or to any third party for any modification, suspension or discontinuance
of the Service.
14. TERMINATION
You agree that the Section 1 Senior Bowl Service or the service providers may,
under certain circumstances and without prior notice, immediately delete any
information posted on the website, and terminate access to the Service. Cause
for such termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines, (b)
requests by law enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), and (e) unexpected technical issues or
problems. Termination of you’re the Section 1 Senior Bowl Service account includes (a) removal
of access to all offerings within the Service. Further, you agree that all deletions
or terminations whether or not for cause shall be made in the Section 1 Senior Bowl Service's or the
service providers’ sole discretion and that neither the Section 1 Senior Bowl Service nor the service
providers shall be liable to you be liable to you or any third-party for any deletion
or termination of and information or access to the Service.
15. DEALINGS WITH PERSONS OFFERING OR ADVERTISING GOODS AND
SERVICES
Your correspondence or business dealings with, or
participation in promotions of, persons offering or advertising goods or
services found on or through the Service, including payment for 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 person
or persons whether or not the service providers or Section 1 Senior Bowl share in the revenues
generated from the sale of such products and services. You agree that neither the
Section 1 Senior Bowl Service nor the service providers shall be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisement on the Service. The Section 1 Senior Bowl
Service and the service providers will use their best efforts to preclude or
remove inappropriate advertisements from the website, but have limited control over
advertisements placed through or with the assistance of the Internet search
engines or other third parties.
16. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because neither the Section 1 Senior Bowl Service nor
the service providers has control over such sites and resources, you
acknowledge and agree that neither the Section 1 Senior Bowl Service nor the service providers
are responsible for the availability of such external sites or resources, and
do not endorse and are 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 neither the Section 1 Senior Bowl Service nor the service
providers shall 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.
17. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by the Section 1 Senior Bowl Service, the service providers or advertisers,
you agree not to and will not permit your children to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
The service providers grant the users of the Service
(including Section 1 Senior Bowl) a personal, non-transferable and non-exclusive right and
license to use the object code of the Software on a single computer; provided
that they do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. Users agree not to modify
the Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. All persons who use the Service agree not
to access the Service by any means other than through the interface that is
provided by the service providers for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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a.
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE
SECTION 1 SENIOR BOWL SERVICE AND THE SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
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b.
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THE SECTION 1 SENIOR BOWL SERVICE AND THE SERVICE PROVIDERS MAKE NO WARRANTY
THAT (i) THE SERVICE WILL BE SATISFACTORY TO YOU OR MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY, SUITABILITY OR APPROPRIATENESS OF ANY
PRODUCTS, SERVICES, ADVERTISEMENTS, MESSAGES, INFORMATION, OR OTHER MATERIAL
PURCHASED, DISPLAYED OR OBTAINED BY YOU THROUGH THE SERVICE WILL BE
SATISFACTORY TO YOU OR MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
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c.
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR YOU COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
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d.
e.
f.
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
All of the provisions hereof relating to Content apply to
advertisements placed by any person on the website.
Once an advertisement placed by any person on the website
has been displayed accurately for a period of 72 hours, the fee paid is not
refundable even if you request that the advertisement be removed from the
website or the Section 1 Senior Bowl Service or one of the service providers removes the
advertisement for any reason. Neither the Section 1 Senior Bowl Service nor the service
provider shall be responsible for the omission of contributor’s advertisement
from the website for any reason or for any error, defect or omissions
relating to the Content of any advertisement or the failure to correct any
such error, defect or omission whether or not the Section 1 Senior Bowl Service or the service
providers have been advised of such error defect or omission.
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19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE AND WILL REQUIRE YOU TO
AGREE THAT NEITHER THE SECTION 1 SENIOR BOWL SERVICE NOR THE SERVICE PROVIDERS SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR STRESS, PERSONAL INJURY,
LOSS OF PROFIT, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SECTION 1 SENIOR BOWL
SERVICE OR A SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSMITTED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) ERRONEOUS
OR INNAPPROPRIATE STATEMENTS, CONTENT ON THE SERVICE OR CONDUCT OF ANY THIRD
PARTY; (v) LOSS OR DAMAGE TO OR UNAUTHORIZED MODIFICATION OF ANY OF YOUR PHOTOGRAPHS
OR OTHER CONTENT, (vi) SECTION 1 SENIOR BOWL OR THE SERVICE PROVIDERS FAILURE TO ACCURATELY
INPUT ANY CONTENT SUPPLIED BY YOU OR OTHER USERS INTO THE SERVICE or (vii) ANY
OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
18 AND 19 MAY NOT APPLY TO YOU.
21. NOTICE
Notices to you may be made via email, fax or regular mail. The
Section 1 Senior Bowl Service or the service providers may also provide notices of changes to the
TOS or other matters by displaying notices or links to notices to you generally
on the Service.
22. TRADEMARK INFORMATION
Certain of the trademarks appearing on the Service are owned
by third parties. The service providers’ marks and logos are the trademarks of
the service providers (the Service Providers’ Marks”) without the owners or the
service providers prior permission, you agree not to display or use in any
manner, the trademarks of third parties or the Service Providers Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
The service providers and Section 1 Senior Bowl if it uses the Service respect
the intellectual property of others, and ask the users to do the same. If you
believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide the Section 1 Senior Bowl Service and the service provider the following
information:
- an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
- a description of the copyrighted work or other
intellectual property that you claim has been infringed;
- a description of where the material that you claim is
infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, the 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 or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and the
service providers and governs your use of the Service, superceding any prior
agreements. The service providers may change the terms and conditions of the
TOS at any time without notice and may require you to agree to such changes in
the TOS as a condition of your continued use of the Service. You also may be
subject to additional terms and conditions that may apply when you use the
service provider’s services, third-party content or third-party software. The
TOS and the relationship between you the service providers shall be governed by
the laws of the State of New York without regard to the conflict of law
provisions. If you use the Service you and the service providers agree to
submit to the personal and exclusive jurisdiction of the courts located within
the county of New York, New York. The failure the service providers to exercise
or enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause of action arose or be
forever barred.
The section titles in the TOS are for convenience only and
have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS.
