(Effective Date: February 22, 2010)
About This Agreement
TABLE OF CONTENTS
- Ownership and Rights to Site Content
- Notice and Procedure for Making Complaints Regarding Content
- User Conduct
- Site Content and Performance
- Contests, Sweepstakes and Other Promotions
- Disclaimer of Warranties
- Limitation of Liability
- Governing law and jurisdiction
- Location of the Site
- Modifications of This Agreement
The Site consists of various types of intellectual property, including copyrighted material, such as text, articles, opinions, graphics, photographs, illustrations, images, video and audio clips, advertising and promotional materials, data, software, compilations, and the Site's overall "look and feel," and trademarks, trade names, service marks, logos, trade dress, trade identities, and other forms of intellectual property (all of the foregoing collectively and individually are referred to as "Content").
Ownership. This Site (including past, present and future versions) and its Content are owned by 1World Sports. All right, title, and interest in and to the Content is the property of 1World Sports or its licensors, and is protected by U.S. and international copyright, trademark, patent, and/or other proprietary rights and laws. Except to the minimum extent otherwise expressly permitted under applicable law or this Agreement, no copying or other exploitation of Content is permitted without the express prior written permission of 1World Sports or the applicable owner. This applies to Content regardless of whether it is registered with a governmental authority and regardless of whether a copyright or trademark notice is displayed. You acknowledge that you do not acquire any ownership rights in any Content by using the Site or by virtue of downloading, printing, modifying or using Content. All rights not expressly granted in this Agreement are expressly reserved to 1World Sports and its licensors.
License. We grant you a nonexclusive, nontransferable, revocable, limited license to view, download, copy, and print a single copy of the Content only for your personal, non-commercial use. You may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. Except to the minimum extent otherwise expressly permitted under applicable law, you may not use any Content in any other manner or for any other purpose without the prior express written permission of 1World Sports or its licensor, as applicable.
We respect the intellectual property of others and we require that our users do the same. We have a policy of terminating the access of users, Members, and Accounts (in our reasonable discretion) who infringe the rights of others. In accordance with the Digital Millennium Copyright Act, we have designated a Copyright Agent to receive notice of claims of copyright infringement with respect to Content. To notify us of any Content that you believe infringes your rights or the rights of others, please provide the following information to the 1World Sports Copyright Agent listed below:
(a) Your name, address, telephone number, and e-mail address;
(b) A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
(c) Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 1World Sports to locate the material, such as the URL or a reasonable description of where the alleged infringing material is located on the Site;
(d) A 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;
(e) A statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
(f) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
1World Sports' Copyright Agent for notice of claims of copyright or other intellectual property infringement, can be contacted at firstname.lastname@example.org or by postal mail at:
Attn: Sean Park
233 N. Michigan Avenue
Chicago, Illinois 60601
Phone: (847) 282-1331
You may use the Site only for lawful purposes and you agree that you shall at all times comply with all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Site. In addition, while using the Site, you agree that you will not do any of the following:
- Submit via the Site anything that is or may be: (i) harmful, threatening, abusive, harassing, degrading, hateful, or intimidating; (ii) defamatory, libelous, or disparaging of any person or entity; (iii) misleading, false, fraudulent, or tortious; (iv) obscene, indecent, pornographic, vulgar, profane, or sexually explicit; (v) intended to promote (or have the effect of promoting) violence, racial hatred, terrorism or illegal acts; (vi) infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party; (vii) in violation of any other rights of any person or entity; (viii) violative of any law or regulation; or (ix) otherwise objectionable, in our sole discretion.
- Submit any virus, worm, "Trojan Horse," "easter egg," "time bomb," spyware, or any other computer code, file, or program that may or is intended to damage, hijack or otherwise interfere with the operation of the Site or any hardware, software, or telecommunications equipment or with any third party's uninterrupted use and enjoyment of the Site.
- Submit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunities, or any other form of solicitation.
- Collect, transmit or harvest personally identifiable information about other users of the Site or "stalk" or otherwise harass other persons.
- Impersonate any person or entity; falsely state or otherwise misrepresent your name or contact information or affiliation with any person or entity, including 1World Sports; forge headers or otherwise manipulate identifiers in order to disguise the origin of any submissions to us or through the Site; or expressly state or imply that we endorse any statement you make.
- Violate or attempt to violate the security of any portion of the Site, including but not limited to: (i) access Content that you are not authorized to access; (ii) log into a server or Account that you are not authorized to access; (iii)attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempt to interfere with or disrupt the Site or the servers or networks that support the Site, including, without limitation, via means of submitting a virus to the Site or overloading, "flooding," "mailbombing" or "crashing" the Site; or (v) restrict or inhibit any other user from accessing or using the Site, including, without limitation, by means of hacking or defacing any portion of the Site.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
- Except for search engines presenting links to users searching for the Site or related content, use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," scrape, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, unless otherwise permitted by 1World Sports in writing in advance.
- Use the Site for commercial or business purposes without our express, written, prior permission, including, without limitation, for advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation, or through linking with or artificially generating traffic to any other web site or web page.
- Use the Site in any way that would adversely affect 1World Sports or reflect negatively on 1World Sports or the our goodwill, name or reputation.
1World Sports reserves the right to monitor the Site for conduct in violation of this Agreement or applicable law or regulation. However, 1World Sports specifically disclaims all responsibility or liability for its acts or omissions in doing so.
Accuracy of Content. While we strive to keep the Content that we post on the Site accurate, complete, and current, we cannot and do not guarantee, represent or warrant that any of the Content on this Site (whether posted by us, a User, or any other third party) is accurate, complete, timely or applicable to you, nor do we have any obligation or undertaking to update the Site.
Linking to the Site. If you link to the Site, you must link to the Site's homepage, unless permission has otherwise been granted in writing by 1World Sports, which otherwise reserves the right to reject approval of any link. Further, if you link to this Site, you must adhere to these guidelines: (1) the link to this Site must not damage, dilute or tarnish the goodwill associated with any 1World Sports names or Trademarks; (2) the link to this Site must not create the false appearance that your web site and/or organization is sponsored by, endorsed by, affiliated with, or associated with 1World Sports; (3) you may not "frame" this Site or alter its Content in any other way; and (4) you may not link to this Site from a web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by 1World Sports in its sole discretion. LINKS ON THE SITE ARE FOR YOUR CONVENIENCE ONLY. USE THE LINKS AT YOUR OWN DISCRETION AND RISK.
From time to time, 1World Sports may conduct promotions on or through the Site, including without limitation, contests, sweepstakes and other promotions ("Promotions"). Each Promotion may have additional terms and/or rules of participation ("Rules"), which will be posted or otherwise made available to you. The Rules for each Promotion in which you participate will be deemed incorporated into and form a part of this Agreement. It is your responsibility to read the Rules to determine whether or not your participation, registration, or entry will be valid or restricted and to determine participation requirements.
By use of the Site, you represent, warrant, and covenant to 1World Sports that: (a) all of the information you provide to 1World Sports through the Site is correct, complete, and current; (b) you hold and will continue to hold all the ownership, license, proprietary, and other rights necessary to enter into, authorize, grant rights, and perform your obligations under this Agreement; and (c) your use of the Site does not violate any applicable law or regulation.
THE SITE (INCLUDING, WITHOUT LIMITATION, ALL SITE CONTENT, TRAINING, GOODS, SERVICES AND OTHER MATERIALS CONTAINED ON AND/OR OBTAINED THROUGH THE SITE) AND INFORMATION ABOUT AND ACCESS TO THE WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 1WORLD SPORTS AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES (COLLECTIVELY THE "1WORLD SPORTS PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, ANY GOODS OR SERVICES OBTAINED THROUGH THE WEB SITE AND YOUR RELIANCE THEREON. NO OPINION, TRAINING, ADVICE, OR STATEMENT OF ANY 1WORLD SPORTS PARTY, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY WHATSOEVER. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE
WITHOUT LIMITING THE FOREGOING, THE 1WORLD SPORTS PARTIES DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE; THAT YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE (OR THE SERVER THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, THE 1WORLD SPORTS PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE 1WORLD SPORTS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE 1WORLD SPORTS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS AND/OR SERVICES OBTAINED THROUGH THE SITE OR OTHERWISE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE 1WORLD SPORTS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE 1WORLD SPORTS PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE CONTENT.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY US OR OUR LICENSORS, OR ANY OTHER EQUITABLE REMEDY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SITE OR OTHER AUDIO/VISUAL CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE 1WORLD SPORTS PARTIES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN TEN DOLLARS ($10) OR THE VALUE OF THE GOODS OR SERVICES GIVING RISE TO THE CLAIMS OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold 1World Sports harmless from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys' fees), resulting from: (i) your use of the Site; (ii) any breach or violation of this Agreement or any law, rule, or regulation; (iii) the posting, submission, display, transmission, exchange, performance, publication, distribution, sharing, dissemination, promotion, broadcast, and/or circulation of any content on or through the Site; (v) the theft or misappropriation of your username or password; (vi) disclosure of your username or password, or (vii) your authorization of anyone else to use your username or password. If you are a Member, you also agree to indemnify, defend, and hold 1World Sports harmless from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys' fees) resulting from your actions, negligence or omissions in connection with your use of the Site, or the goods or services provided by 1World Sports.
1World Sports reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action brought against 1World Sports and all negotiations for settlement or compromise, and you agree to fully cooperate with 1World Sports in the defense of any such claim, action, settlement, or compromise negotiations, as requested by 1World Sports. In no event will you settle any such claim or action without our prior written approval.
This Agreement and the interpretation of this Agreement will be governed by and construed under the laws of the State of Illinois, without regard to conflict of law principles. You agree and submit to the exclusive and mandatory jurisdiction and venue of the State and Federal Courts situated in Cook County, Illinois and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise; however, 1World Sports may, at its sole discretion, institute or convert any action (no matter what party initiates it) to an arbitration under the applicable rules of the American Arbitration Association. This arbitration shall apply Illinois law and take place in Cook County, Illinois. Any cause of action or claim arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, must be brought within one (1) year after the cause of action arose or, if multiple causes, from the date the first such cause of action arose.
1World Sports controls and operates the Site from offices located in the Untied States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on his own initiative and is responsible for compliance with United States laws, if and to the extent applicable. 1World Sports reserves the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in its sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
This Agreement constitutes the entire understanding and agreement between you and 1World Sports and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site and services provided by the Site.
This Agreement cannot be changed or terminated orally. Any failure of 1World Sports to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. No waiver by 1World Sports of any provision of this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of 1World Sports.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable, then the provision will be deemed severable from the Agreement and will not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these terms will not be construed against 1World Sports by virtue of having drafted them.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You understand and agree that 1World Sports will determine your compliance with this Agreement in its sole discretion. 1World Sports reserves the right to deny access to all or part of the Site to you or any person in its sole discretion without notice or liability of any kind. Any violation of this Agreement may be referred to law enforcement authorities.
1World Sports reserves the right, at any time and from time to time, for any reason in our sole discretion and without prior notice or liability, to change, modify, amend and/or update the terms of this Agreement. Therefore, you should review this Agreement before using the Site. Once the new terms are posted on the Site, they become effective immediately. Your use of the Site after the new terms are posted will signify your agreement to be bound by the new terms.
If you have questions about this Agreement or any comments, feel free to e-mail 1World Sports at email@example.com.