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NHSCA Sports Network, LLC ("SN," "we," "us") provides, among other things, an
on-line community for amateur athletes, coaches and fans to interact, view
photos and videos of athletic events, purchase photos, and read newsletters. The
services offered by SN include the website located at www.nhscasportsnetwork.com
("SN Website"). The SN Website is hosted in the United State of America.
This Logon and User Agreement ("Agreement") sets forth the legally binding
terms for your use of the SN Website. By using the SN Website, you agree to be bound by this Agreement. You are
only authorized to use the SN Website (regardless of whether your access or use
is intended) if you agree to abide by all applicable laws and regulations, and
the terms of this Agreement. Please read this Agreement carefully and either
save it or print it out. If you do not agree with it, you should leave the SN
Website immediately. If you wish to become a User, communicate with other Users
and use the SN Website, you must read this Agreement and indicate your
acceptance during the registration process and/or each time you login. This Agreement includes, among other
things, SN's policy for acceptable use of, and content posted on, the SN
Website.
SN reserves the right to modify this Agreement from time to time without
notice and such modification shall be effective upon posting by SN on the SN
Website. You agree to be bound by any changes to this Agreement when you use the
SN Website after any such modification is made. It is therefore important that
you review this Agreement regularly to ensure you are updated as to any changes.
To become a User and access the SN Website, you must provide SN will your
first and last name, a valid e-mail address, a username (which you may create)
and a password (which you may also create). You may opt to provide other
personal information but are not obligated to do so. Any persons using any
names, e-mail addresses, usernames, or passwords containing any subject matter
that is obscene, lewd, violent, harassing, prejudicial, sexually explicit or
otherwise objectionable will be denied registration to the SN Website.
SN reserves the right, in its sole discretion, to reject, refuse to post or
remove any posted content (including private messages) by you, or to restrict,
suspend, or terminate your access to all or any part of the SN Website at any
time, for any or no reason, with or without prior notice, and without liability.
Your use of the SN Website is subject to the following specific terms:
- Eligibility. Use of and registration for the SN Website is void
where prohibited. By becoming a User, you represent and warrant that (a) all
registration information you submit is truthful and accurate; (b) all
information you post on the SN Website is truthful and accurate; (c) you will
maintain the accuracy of all such information; (d) you are 13 years of age or
older; and (e) your use of the SN Website does not violate any applicable law
or regulation. Your registration may be terminated without warning, if we
believe or receive information that you are under 13 years of age.
- Term. This Agreement shall remain in full force and effect while
you are a User. You may terminate your registration at any time, for any
reason, by notifying SN in writing. SN may terminate your registration at any time,
and for any reason, without warning. Even after registration is terminated,
this Agreement shall remain in effect, including sections 5-16.
- Fees. You acknowledge that SN reserves the right to charge fees
for, among other things, the use of the SN Website and to change its fees from
time to time in its sole discretion. If SN terminates your registration
because you have breached this Agreement, you shall not be entitled to the
refund of any fee(s) paid by you.
- Username and Password. When you register to become a User, you will
also be asked to choose a username and password. You are entirely responsible
for maintaining the confidentiality of your username and password. You agree
not to use the username or password of another User at any time or to disclose
the same to any third party. You agree to notify SN immediately if you suspect
any unauthorized use of your username and password.
- Proprietary Rights in Content on the SN Website. Except as
otherwise expressly authorized by a User, SN does not claim any ownership
rights in the text, information, files, images, photos, videos, sounds,
musical works, works of authorship, or any other materials (collectively,
"Content") that is uploaded, displayed or published ("posted") to the SN
Website. The Content on the SN Website may be protected by copyright,
trademark, patent, trade secret and other laws. Therefore, you may not copy,
modify, translate, publish, broadcast, transmit, distribute, perform, display,
or sell any Content appearing on the SN Website.
- Content Posted. SN shall not be responsible for the Content posted
in the SN Website by its officers, members, employees, agents,
representatives, independent contractors, photographers or Users. SN reserves
the right in its sole discretion to (a) delete, move or edit Prohibited
Content (as described below) that we deem abusive, defamatory, obscene,
inappropriate, or in violation of copyright or trademark laws, or otherwise
unacceptable; or (b) take any other action that we deem necessary relating to
the use or misuse of the SN Website. SN assumes no responsibility for
monitoring the SN Services for inappropriate Content or conduct. If at any
time SN chooses, in its sole discretion, to monitor the SN Services, SN
nonetheless assumes no responsibility for Prohibited Content, no obligation to
modify or remove any Prohibited Content, and no responsibility for the conduct
of the user submitting any such Content.
- Content/Activity Prohibited. The following is a partial list of the
kind of Content that is prohibited on the SN Website (collectively,
"Prohibited Content"). SN reserves the right to investigate and take
appropriate legal action against anyone who, in SN’s sole discretion, violates
this provision including, without limitation, removing the Prohibited Content
from the SN Website and terminating the registration of such violators.
Prohibited Content includes, but is not limited to, Content that, in the sole
discretion of SN:
- is patently offensive or promotes racism, bigotry, hatred or physical
harm of any kind against any group or person;
- harasses or advocates harassment of another person;
- 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;
- disseminates the names, telephone numbers, street addresses or e-mail
addresses of Users without such Users’ consent;
- 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;
- involves the transmission and/or dissemination of "junk mail," "chain
letters," or unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
- contains restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides
instructional information about any illegal activity or enterprise;
- involves the transmission and/or dissemination of malicious software
including, but not limited to, ad-ware, spy-ware, Trojan worms, browser
hijackers, and/or viruses;
- solicits passwords or personal identifying information for commercial or
unlawful purposes from other users;
- involves commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, solicitations or
pyramid schemes;
- includes a photograph of another person that you have posted without
that person's consent; and/or
- impersonates another person.
The following is a partial list of the kind of activity that is prohibited
on the SN Website ("Prohibited Activity"). SN reserves the right to
investigate and take appropriate legal action against anyone who, in SN's sole
discretion, violates this provision including, without limitation, terminating
the registration of such violators and reporting such violators to law
enforcement authorities. Prohibited Activity includes, but is not limited to,
activity in the sole discretion of SN that is:
- 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 SN Website;
- criminal or tortious including, but not limited to, child pornography,
fraud, trafficking in obscene material, drug dealing, gambling, harassment,
stalking, spamming, spimming, sending of malicious software, copyright
infringement, patent infringement, or theft of trade secrets;
- transmitting any chain letters or junk email to other users;
- using any information obtained from the SN Website in order to contact,
advertise to, solicit, or sell to any User without their prior explicit
consent;
- covering or obscuring the banner advertisements on the SN Website by
means of HTML/CSS or any other means;
- using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the SN
Website or the networks or services connected to the SN Website;
- attempting to impersonate another user or person;
- using the account, 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;
- using any information obtained from the SN Website in order to harass,
abuse, or harm another person;
- using the SN Website for any commercial purpose except if specifically
endorsed or approved by SN;
- using the SN Services in a manner inconsistent with any and all
applicable laws and regulations; and/or
- using Prohibited Content in connection with the SN Website.
- Copyright Policy. You may not post, modify, distribute, or
reproduce in any way any copyrighted material, trademarks, or other
confidential or proprietary information belonging to others without obtaining
the prior written consent of the owner of such materials or rights. It is the
policy of SN to terminate the registration of any User who repeatedly
infringes the copyright rights of others upon receipt of proper notification
to SN by the copyright owner or the copyright owner's legal agent. Without
limiting the foregoing, if you believe that your work has been copied and
posted on the SN Website in a way that constitutes copyright infringement,
please provide us via e-mail with the following information: (i) an electronic
or physical signature of the person authorized to act on behalf of the owner
of the copyright interest; (ii) a description of the copyrighted work that you
claim has been infringed; (iii) a description of where the material that you
claim is infringing is located on the SN Website; (iv) your address, telephone
number, and email address; (v) 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; (vi) 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. Such
information should be emailed to
info@nhscasportsnetwork.com.
The information, content, and materials that we offer are protected by
copyright and other applicable laws of both the U.S.A. and foreign countries.
You may not copy or distribute such material without the copyright owner’s
prior written consent.
- User Disputes. You are solely responsible for your interactions
with other Users. SN reserves the right, but has no obligation, to monitor
disputes between you and other Users.
- Privacy Policy. The use of the SN Website is also governed by, and
subject to, the SN Privacy Policy, which is incorporated herein by reference.
- Disclaimers.
- The service, Content and/or materials available through the SN Website
are provided on an "As Is" and "As Available" basis. To the fullest extent
permitted by applicable law, SN disclaims all warranties and conditions of
any kind, whether express or implied.
- SN shall not be responsible under any circumstances for any unauthorized
access to, use of, alteration of, or deletion of any User’s username and/or
password.
- SN shall not be responsible under any circumstances for any incorrect or
inaccurate Content posted on the SN Website, whether caused by Users of the
SN Website or by any of the hardware or software utilized by SN.
- The SN Website may contain links to other websites. SN shall not be
responsible under any circumstances for the content, accuracy or opinions
expressed on such other websites; and such other websites are, in no way,
investigated, monitored or checked for accuracy or completeness by SN.
Inclusion of any links on the SN Website does not imply approval or
endorsement of the linked website by SN. When you access these third-party
sites, you do so at your own risk. SN assumes no responsibility whatsoever
for third party advertisements which are posted on the SN Website, nor does
it assume any responsibility for any goods or services provided by its
sponsors, advertisers, strategic partners or affiliates.
- SN shall not be responsible under any circumstances for the conduct,
whether on-line or off-line, for any User.
- SN shall not be responsible under any circumstances for any problems,
errors, interruptions, defects, delays or technical malfunction in
connection with your use of the SN Website, whether due to technical
problems, traffic congestion on the Internet, malicious software, computer
hardware, computer software or otherwise, including any injury or damage to
User’s or to any person's computer related to or resulting from use of the
SN Website.
- SN shall not be responsible under any circumstances for any loss or
damage, including personal injury or death, resulting from the use of the SN
Website, any Content posted thereon or from the conduct of any Users,
whether online or offline.
- Limitation on Liability. SN SHALL NOT BE LIABLE UNDER ANY
CIRCUMSTANCES TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE SN WEBSITE EVEN IF SN HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, SN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO SN DURING THE TERM OF YOUR USE OF THE SN
WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT SN IS NOT LIABLE FOR DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; AND THAT SUCH
INJURY IS AND SHALL BE SOLELY THE RESPONSIBILITY OF THE OTHER USERS OR THIRD
PARTIES ENGAGING IN THE AFOREMENTIONED CONDUCT.
- Disputes. If there is any dispute about or involving the SN
Website, you agree that the dispute shall be governed by the laws of the
Commonwealth of Pennsylvania, U.S.A., without regard to conflict of law
provisions and you agree to exclusive personal jurisdiction and venue in the
state and federal courts located in the Eastern District of Pennsylvania,
U.S.A.
- Indemnity. You agree to indemnify and hold SN, its subsidiaries,
and affiliates, and their respective directors, officers, agents,
representatives, members, independent contractors, sponsors, partners and
employees, harmless from any loss, liability, claim, or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
your use of the SN Website in violation of this Agreement and/or arising from
a breach of this Agreement and/or any breach of your representations and
warranties set forth above and/or if any Content that you post on the SN
Website causes SN to be liable to another.
- Other. This Agreement constitutes the entire agreement between you
and SN regarding the use of the SN Website. The failure of SN to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. If any provision of
this Agreement is unlawful, void or unenforceable, that provision is deemed
severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions.
Please contact us at info@NHSCAsportsnetwork.com with any questions regarding this Agreement.
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