Terms of Use
YourSports is a property of A to Z Sports Inc.
Last Revised September 6, 2007
These Terms of Use are a contract between you and A to Z Sports, Inc. ("A to Z", "we" or "us") and apply to your use of the YourSports.com website (the "Site") and the services provided on or through the site (collectively, the "Service"). If you are acting on behalf of another entity that owns or operates a website containing a Share Link (as described below), such entity shall also be bound by these Terms of Use and any reference to "you" shall also include such entity. By accessing or using the Site or including a Share Link on another website (as described below), you agree to be bound by all of the terms and conditions in these Terms of Use, whether or not you are a registered member of the Site.
We reserve the right to change these Terms of Use at any time. If we do this, we will post the revised Terms of Use on this webpage and will indicate at the top of this webpage the date these Terms of Use were last revised. Your continued use of the Site after revised Terms of Use are posted constitutes your acceptance of such revised Terms of Use. In addition, if you are a registered member of the Site, the next time you log into the Site after revised Terms of Use become effective, you may be required to agree to the updated Terms of Use to continue using features of the Service available to registered members. If you do not agree to these Terms of Use, do not use or access this Site.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A REQUIREMENT THAT DISPUTES BE SETTLED BY ARBITRATION (NOT BY LAWSUIT), A WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION, AND A TIME LIMIT TO BRING CLAIMS.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older. Any registration for, use of or access to the Site by anyone under 13 years of age, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 years of age or older.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to A to Z, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. A to Z will not be liable for any loss that you may incur as a result of someone else using your password, account or information in your account, either with or without your knowledge. As between you and A to Z, you agree to be solely responsible for losses incurred by A to Z or another user due to any third party's use of your password or account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (collectively, "Site Content"), are the proprietary property of A to Z, its users or its licensors with all rights reserved. No Site Content may be modified, distributed, framed, reproduced, republished, publicly displayed, publicly performed, posted, transmitted, used commercially or sold in any form or by any means, in whole or in part, without A to Z's prior written permission, except that the foregoing restrictions do not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Such license is subject to these Terms of Use and does not include use of any data mining or use of robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of A to Z, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Trademarks
YourSports.com, A to Z Sports, Inc. and other A to Z graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of A to Z in the U.S. and/or other countries. A to Z's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of A to Z.
User Conduct
You understand that the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no User Content or other materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other intellectual property or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to:
- Use the Service or the Site to violate any applicable laws or regulations
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means;
- damage, disable, overburden or impair the Service or the Site or hinder any other user's access to or use of the Service or Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available to or through the Site any User Content that is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, discriminatory, hateful, or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available to or through the Site any images, videos, or other recordings other than those that meet the requirements listed herein and are of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, (iii) are original art or animation created by you or your friends, or (iv) you have been explicitly authorized by the copyright owner to use such content;
- register for a membership account on behalf of an individual other than yourself;
- impersonate any person or entity, or falsely identify or otherwise misrepresent yourself, your age or other characteristics, or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available to or through the Site any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any personal or sensitive information of any third party without explicit consent of such third party or personal or sensitive information about any minors, including, without limitation, addresses, phone numbers, and email addresses.
- post Social Security numbers and credit card numbers;
- links to web sites that contain adult content;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available to or through the Site 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;
- upload, post, transmit, share, store or otherwise make available on or through the Site any User Content that would constitute, encourage, glorify or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise cause harm or create liability of any type;
- use or attempt to use another user's account, service or system without authorization from A to Z, or create a false identity on the Service or the Site.
User Content Posted on the Site
You are solely responsible for the images, text, videos, sounds, information, contents of user profile pages, and other content that you upload, transmit, publish or display (collectively, "post") on or through the Service or the Site, or transmit to or share with other users (collectively, "User Content"). You may not post User Content on the Site or Service that you do not fully own, including any materials that contain or incorporate content created by a third party. You understand and agree that A to Z may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content (including any of your User Content) in its sole discretion, for any reason or no reason, including without limitation User Content that violates this Agreement. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to A to Z. A to Z is not responsible for retrieving any user content that you post to the Service or the Site as a part of your using the Service or the Site.
By posting User Content to any part of the Site, you grant, and you represent and warrant that you have the right to grant, to A to Z an irrevocable, perpetual, non-exclusive, royalty-free, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, translate, make derivative works of, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof. If you choose to remove your User Content from the Site, you acknowledge that A to Z may retain archived copies of your User Content.
We encourage you to use caution when giving out any personal information about yourself or your family or friends in any public area of the Site or to any other persons through the Site.
Copyright Protection
If you believe that any material on the Site infringes upon any copyright which you own or control, please refer to the YourSports Copyright Policy for information regarding our Designated Agent to receive notification of claimed infringement under the Digital Millennium Copyright Act.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, A to Z has adopted a policy of terminating, in appropriate circumstances and at A to Z's sole discretion (without notice), account registrations of users who are deemed to be repeat infringers. A to Z may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") 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 Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the site.
Use of Share Links by Online Content Providers
Subject to your compliance with these Terms of Use, if you own or operate a Third Party Site or are authorized to act on behalf of the owner or operator of a Third Party Site, you may place a Share Link (as described below), in the form described below and as A to Z may otherwise require, on pages of such Third Party Site to facilitate use of the Share Service (a feature whereby users of the Site can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service). The owner or operator of a Third Party Site that posts a Share Link on its web site is referred to herein as an "Online Content Provider" and by posting such a Share Link to such Third Party Site, you agree on behalf of such Online Content Provider that such Online Content Provider shall abide by and be subject to these Terms of Use, and you represent and warrant that you have authority to bind such Online Content Provider to these Terms of Use. A "Share Link" is a button and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a user, enables us to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content from that page.
In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of A to Z, you (including the Online Content Provider you represent) are granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider's site and solely in the form provided by A to Z and solely to the extent necessary to convey the functionality of the Share Link. In the event that the Share Link is a text link, it must include the word "YourSports" as part of the text representation of the link. The rights granted in this paragraph may be revoked by A to Z at any time with or without cause in its sole discretion, and upon such termination, you agree to immediately remove all Share Links from your site.
In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a Site user on the Site would be a violation of these Terms of Use. Without limiting the forgoing, you (including the Online Content Provider you represent) agree not to post a Share Link on any web site that contains, and you represent and warrant that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, discriminatory, hateful, invasive of privacy or publicity rights, or otherwise objectionable, or that may expose A to Z or its suppliers, licensors or users to any harm or liability of any type. Upon including a Share Link in a Third Party Site, you (including the Online Content Provider you represent) agree to defend, indemnify and hold A to Z, its affiliates, and each of their directors, officers, agents, contractors, partners and employees (collectively, the "A to Z Parties"), harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.
User Disputes
You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Privacy Protection
Please refer to our Privacy Statement for information on how A to Z collects, uses and discloses personally identifiable information from its users. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
Disclaimers
A to Z is not responsible for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted by users of the Site, by A to Z Sports, or by other third parties, regardless of manner or method of posting. A to Z is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. A to Z 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, the Site or any content or information on or transmitted through the Site. Under no circumstances will A to Z be responsible for any loss or damage, including to any User Content or personal injury or death, in connection with the Site or Service, or any users of the same, whether online or offline.
THE SITE (INCLUDING ALL SITE CONTENT) AND THE SERVICE ARE PROVIDED "AS-IS" AND A TO Z 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. A TO Z CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. A TO Z DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, OR ANY SERVERS FOR THE SAME, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE OF THE SITE AND SERVICE, AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES AND OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER EQUIPMENT, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
A to Z reserves the right to change any and all Site Content used or contained in the Site and Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by A to Z.
Limitation on Liability
IN NO EVENT WILL ANY OF THE A TO Z PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, INCLUDING ANY OF THE SITE CONTENT, EVEN IF A TO Z IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE TOTAL CUMULATIVE LIABILITY OF THE A TO Z PARTIES 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 A TO Z FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED ONE UNITED STATES DOLLAR (US$1.00). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO A TO Z FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM A TO Z, 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.
Termination
A to Z may terminate your membership, delete your profile and any User Content that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Washington, 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 any of the A to Z Parties. 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 the State of Washington, 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 the State of Washington.
Arbitration; Time Limit to Bring Claims
YOU AND A TO Z AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN 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, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, 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 this Agreement 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, A to Z 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 SERVICE, 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 Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold harmless the A to Z Parties from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (a) any User Content or any Third Party Applications, Software or Content you post or share on or through the Site; (b) your use of the Service or the Site; (c) your conduct in connection with the Service or the Site or with other users of the Service or the Site; or (d) your violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company 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.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
