ACCEPTANCE OF TERMS
Find Sports Now, Corp. (referred to hereafter as "FindSportsNow")
provides a collection of online resources, including listings,
advertisements, and sports descriptions (referred to hereafter as "the
Technology") subject to the following Terms of Use ("Terms of Use"). By
using the Technology in any way, you are agreeing to comply with these
Terms of Use. Also, whenever using any of FindSportsNow's services, you
agree to follow any applicable posted guidelines for all FindSportsNow
services, which may change. Should you object to any term or condition
of the Terms of Use, any guidelines, or any subsequent modifications
thereto or become dissatisfied with FindSportsNow in any way, your only
recourse is to immediately discontinue use of FindSportsNow.com.
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or
otherwise alter these terms and conditions at any point in time. Such
modifications shall become effective immediately upon the posting
thereof. You must review this agreement on a regular basis to keep
yourself aware of any changes. You can find the most recent version of
these Terms of Use at:
http://findsportsnow.com/terms
CONTENT
You understand that all postings, text, files, images, photos, video,
sounds, or other materials ("Content") posted on, transmitted through,
or linked from the Technology, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that
you post, email or otherwise make available via the Technology. You
understand that FindSportsNow does not control, and is not responsible
for Content made available through the Technology, and that by using
the Technology, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the FindSportsNow.com site and Content available through
the Technology may contain links to other websites, which are
completely independent of FindSportsNow. FindSportsNow makes no
representation or warranty as to the accuracy, completeness or
authenticity of the information contained in any such site. Your
linking to any other webites is at your own risk. You agree that you
must evaluate, and bear all risks associated with, the use of any
Content, that you may not rely on said Content, and that under no
circumstances will FindSportsNow be liable in any way for any Content
or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed or otherwise made available via the
Technology. You acknowledge that FindSportsNow does not pre-screen or
approve Content, but that FindSportsNow shall have the right (but not
the obligation) in its sole discretion to refuse, delete or move any
Content that is available via the Technology, for violating the letter
or spirit of the Terms of Use or for any other reason.
THIRD PARTY CONTENT, SITES, AND SERVICES
The FindSportsNow.com site and Content available through the Technology
may contain features and functionalities that may link you or provide
you with access to third party content which is completely independent
of FindSportsNow, including web sites, directories, servers, networks,
systems, information and databases, applications, software, programs,
products or services, and the Internet as a whole.
Your
interactions with organizations and/or individuals found on or through
the Technology, including payment and delivery of goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
organizations and/or individuals.
You agree that
FindSportsNow shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings. If there is a
dispute between participants on this site, or between users and any
third party, you understand and agree that FindSportsNow is under no
obligation to become involved. In the event that you have a dispute
with one or more other users, you hereby release FindSportsNow, its
officers, employees, agents and successors in rights from claims,
demands and damages (actual and consequential) of every kind or nature,
known or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and / or our
service. If you are a California resident, you waive California Civil
Code Section 1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor."
NOTIFICATION OF CLAIMS OF INFRINGEMENT
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 notify FindSportsNow's agent for notice of
claims of copyright or other intellectual property infringement
("Agent"), at:
Please
provide our Agent with the following Notice:
- Identify the material on the FindSportsNow.com site that you claim
is infringing, with enough detail so that we may locate it on the
website;
- A statement by you having a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (1) the
above information in your Notice is accurate, and (2) that you are
the owner of the copyright interest involved or that you are
authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
FindSportsNow will remove the infringing posting(s), subject to the the
procedures outlined in the Digital Millenium Copyright Act (DMCA).
PRIVACY AND INFORMATION DISCLOSURE
FindSportsNow has established a Privacy Policy to explain to users how
their information is collected and used, which is located at the
following web address:
http://findsportsnow.com/privacy
Your use of the FindSportsNow.com website or the
Technology signifies acknowledgement of and agreement to our Privacy
Policy. You further acknowledge and agree that FindSportsNow may, in
its sole discretion, preserve or disclose your Content, as well as your
information, such as email addresses, IP addresses, timestamps, and
other user information, if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably
necessary to: comply with legal process; enforce the Terms of Use;
respond to claims that any Content violates the rights of
third-parties; respond to claims that contact information (e.g. phone
number, street address) of a third-party has been posted or transmitted
without their consent or as a form of harassment; protect the rights,
property, or personal safety of FindSportsNow, its users or the general
public.
CONDUCT
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's privacy, or is harmful to
minors in any way;
- that is pornographic or depicts a human being engaged in actual
sexual conduct including but not limited to (i) sexual intercourse,
including genital-genital, oral-genital, anal-genital, or oral-anal,
whether between persons of the same or opposite sex, or (ii)
bestiality, or (iii) masturbation, or (iv) sadistic or masochistic
abuse, or (v) lascivious exhibition of the genitals or pubic area of
any person;
- that harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;
- that is a discriminatory preference based on race, color, national
origin, religion, sex, familial status or handicap (or violates any
state or local law prohibiting discrimination on the basis of these
or other characteristics);
- that impersonates any person or entity, including, but not limited
to, a FindSportsNow employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity (this
provision does not apply to Content that constitutes lawful
non-deceptive parody of public figures.);
- that includes personal or identifying information about another
person without that person's explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative,
or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party, or Content that you do not
have a right to make available under any law or under contractual or
fiduciary relationships;
- that constitutes or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or
solicitation if: posted in areas of the FindSportsNow sites which are
not designated for such purposes; or emailed to FindSportsNow users
who have not indicated in writing that it is ok to contact them about
other services, products or commercial interests.
- that includes links to commercial services or web sites, except as
allowed in "services";
- that advertises any illegal service or the sale of any items the
sale of which is prohibited or restricted by any applicable law,
including without limitation items the sale of which is prohibited or
regulated by California law.
- 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;
- that disrupts the normal flow of dialogue with an excessive amount
of Content (flooding attack) to the Technology, or that otherwise
negatively affects other users' ability to use the Technology; or
- that employs misleading email addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin of
Content transmitted through the Technology.
Additionally, you
agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful
purposes;
- use automated means, including spiders, robots, crawlers, data
mining tools, or the like to download data from the Technology -
unless expressly permitted by FindSportsNow;
- post non-local or otherwise irrelevant Content, repeatedly post
the same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to FindSportsNow's computer
systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the
functionality of, the Technology or the FindSportsNow.com website; or
- use any form of automated device or computer program that enables
the submission of postings on FindSportsNow.com without each posting
being manually entered by the author thereof (an "automated posting
device"), including without limitation, the use of any such automated
posting device to submit postings in bulk, or for automatic
submission of postings at regular intervals.
POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that
offers to post Content to the Technology on behalf of others. To
moderate demands on FindSportsNow's resources, you may not use a
Posting Agent to post Content to the Technology without express
permission or license from FindSportsNow. Correspondingly, Posting
Agents are not permitted to post Content on behalf of others, to cause
Content to be so posted, or otherwise access the Technology to
facilitate posting Content on behalf of others, except with express
permission or license from FindSportsNow.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements
to FindSportsNow email addresses or through FindSportsNow computer
systems, which is expressly prohibited by these Terms of Use, will use
or cause to be used servers located in California. Any unauthorized use
of FindSportsNow computer systems is a violation of the Terms of Use
and certain federal and state laws, including without limitation the
Computer Fraud and Abuse Act (18 U.S.C. - 1030 et seq.), Section 502 of
the California Penal Code and Section 17538.45 of the California
Business and Professions Code. Such violations may subject the sender
and his or her agents to civil and criminal penalties.
PAID ADVERTISEMENTS
We may charge a fee to post Content in some areas of the Technology.
The fee is an access fee permitting Content to be posted in a
designated area. Each party posting Content to the Technology is
responsible for said Content and compliance with the Terms of Use. All
fees paid will be non-refundable in the event that Content is removed
from the Technology for violating the Terms of Use. You are solely
responsible for all:
- ad targeting options (if available) and all ad content, ad
information, and ad URLs ("Creative"), whether generated by or for
you; and
- web sites, services and landing pages which Creative links or
directs viewers to, and advertised services and products.
You agree that ads may be placed on any content or property provided by
FindSportsNow and any other content or property provided by a third
party ("Partner") upon which FindSportsNow places ads ("Partner
Property"). You authorize and consent to all such placements. You agree
that all placements of your ads shall conclusively be deemed to have
been approved by you unless you produce contemporaneous documentary
evidence showing that you disapproved such placements in the manner
specified by FindSportsNow. You grant FindSportsNow permission to
utilize an automated software program to retrieve and analyze websites
associated with the Technology for ad quality and serving purposes,
unless you specifically opt out of the evaluation in a manner specified
by FindSportsNow. FindSportsNow or FindSportsNow partners may reject or
remove any ad for any or no reason.
You may cancel advertising online through your account if online
cancellation functionality is available, or, if not available, with
prior written notice to FindSportsNow, including without limitation
electronic mail. Cancelled ads may be published despite cancellation if
cancellation of those ads occurs after any applicable commitment date
as set forth in advance by the Partner or FindSportsNow, in which case
you must pay for those ads.
You shall not, and shall not authorize any party to:
- generate automated, fraudulent or otherwise invalid impressions,
inquiries, conversions, clicks or other actions;
- use any automated means or form of scraping or data extraction to
access, query or otherwise collect FindSportsNow advertising related
information from any FindSportsNow website, any Parnter website, or
property except as expressly permitted by FindSportsNow; or
- advertise anything illegal or engage in any illegal or fraudulent
business practice.
You represent and warrant that it holds and hereby grants FindSportsNow
and FindSportsNow partners all rights (including without limitation any
copyright, trademark, patent, publicity or other rights) in Creative
and services needed for FindSportsNow and Partner to operate (including
without limitation any rights needed to host, cache, route, transmit,
store, copy, modify, distribute, perform, display, reformat, excerpt,
analyze, and create algorithms from and derivative works of Creative)
in connection with this Terms of Use. You represent and warrant that
all your information is complete, correct and current; and any use
hereunder and your Creative and services will not violate or encourage
violation of any applicable laws, regulations, code of conduct, or
third party rights (including without limitation intellectual property
rights). Violation of the foregoing may result in immediate termination
of this Terms of Use or customer's account without notice and may
subject you to legal penalties and consequences.
To the fullest extent permitted by law, FINDSPORTSNOW DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR
NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR
ANY PURPOSE. To the fullest extent permitted by law, FindSportsNow
disclaims all guarantees regarding positioning, levels, quality, or
timing of: (i) costs per click; (ii) click through rates; (iii)
availability and delivery of any impressions, Creative, on any Partner
Property, FindSportsNow Property, or section thereof; (iv) clicks; (v)
conversions or other results for any ads; (vi) the accuracy of Partner
data (e.g. reach, size of audience, demographics or other purported
characteristics of audience); and (vii) the adjacency or placement of
ads. You understand that third parties may generate impressions or
clicks on your ads for prohibited or improper purposes, and you accept
the risk of any such impressions and clicks. Your exclusive remedy, and
FindSportsNow's exclusive liability, for suspected invalid impressions
or clicks is for you to make a claim for a refund in the form of
advertising credits within the time period required. Any refunds for
suspected invalid impressions or clicks are within FindSportsNow's sole
discretion. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES
HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY
WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR
PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS,
REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS
OR INTERRUPTION TO CUSTOMER'S BUSINESS) WHETHER IN CONTRACT, TORT
(INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH
PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR
PAYABLE TO FINDSPORTSNOW BY CUSTOMER FOR THE AD GIVING RISE TO THE
CLAIM. Except for payment obligations, neither party is liable for
failure or delay resulting from a condition beyond the reasonable
control of the party, including without limitation to acts of God,
government, terrorism, natural disaster, labor conditions and power
failures.
You shall be responsible for all charges set in your online
account, and shall pay all charges in U.S. Dollars or in such other
currency as agreed to in writing by the parties. Unless agreed to by
the parties in writing, you shall pay all charges online in accordance
with the Technology. Late payments bear interest at the rate of 1.5%
per month (or the highest rate permitted by law, if less). Charges are
exclusive of taxes. Your are responsible for paying all taxes,
government charges, and reasonable expenses and attorneys fees
FindSportsNow incurs collecting late amounts. To the fullest extent
permitted by law, you waive all claims relating to charges (including
without limitation any claims for charges based on suspected invalid
clicks) unless claimed within 60 days after the click. To the fullest
extent permitted by law, refunds (if any) are at the discretion of
FindSportsNow and only in the form of FindSportsNow advertising credit.
Nothing in these Terms of Use may obligate FindSportsNow to extend
credit to any party. You acknowledge and agree that any credit card and
related billing and payment information that you provide to
FindSportsNow may be shared by FindSportsNow with companies who work on
FindSportsNow's behalf, such as payment processors and/or credit
agencies, solely for the purposes of checking credit, effecting payment
to FindSportsNow and servicing your account. FindSportsNow may also
provide information in response to valid legal process, such as
subpoenas, search warrants and court orders, or to establish or
exercise its legal rights or defend against legal claims. FindSportsNow
shall not be liable for any use or disclosure of such information by
such third parties.
LIMITATIONS ON SERVICE
You acknowledge that FindSportsNow may establish limits concerning use
of the Technology, including the maximum number of days that Content
will be retained by the Technology, the maximum number and size of
postings, email messages, or other Content that may be transmitted or
stored by the Technology, and the frequency with which you may access
the Technology. You agree that FindSportsNow has no responsibility or
liability for the deletion or failure to store any Content maintained
or transmitted by the Technology. You acknowledge that FindSportsNow
reserves the right at any time to modify or discontinue the Technology
(or any part thereof) with or without notice, and that FindSportsNow
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Technology.
ACCESS TO THE TECHNOLOGY
FindSportsNow grants you a limited, revocable, nonexclusive license to
access the Technology for your own personal use. This license does not
include: (a) access to the Technology by Posting Agents; or (b) any
collection, aggregation, copying, duplication, display or derivative
use of the Technology nor any use of data mining, robots, spiders, or
similar data gathering and extraction tools for any purpose unless
expressly permitted by FindSportsNow. A limited exception to (b) is
provided to general purpose internet search engines and non-commercial
public archives that use such tools to gather information for the sole
purpose of displaying hyperlinks to the Technology, provided they each
do so from a stable IP address or range of IP addresses using an easily
identifiable agent and comply with our robots.txt file. "General
purpose internet search engine" does not include a website or search
engine or other service that specializes in classified listings or in
any subset of classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of providing
classified ad listing services.
FindSportsNow permits you
to display on your website, or create a hyperlink on your website to,
individual listings on the Technology so long as such use is for
commercial, noncommercial and/or news reporting purposes only (e.g.,
for use in personal web blogs or personal online media). If the total
number of such postings displayed or linked to on your website exceeds
one hundred (100) postings, your use will be presumed to be in
violation of the Terms of Use, absent express permission granted by
FindSportsNow to do so. You may also create a hyperlink to the home
page of FindSportsNow.com so long as the link does not portray
FindSportsNow, its employees, or its affiliates in a false, misleading,
derogatory, or otherwise offensive matter.
FindSportsNow
offers various parts of the Technology in RSS format so that users can
embed individual feeds into a personal website or blog, or view
postings through third party software news aggregators. FindSportsNow
permits you to display, excerpt from, and link to the RSS feeds on your
personal website or personal web blog, provided that (a) your use of
the RSS feed is for personal, non-commercial purposes only, (b) each
title is correctly linked back to the original post on the Technology
and redirects the user to the post when the user clicks on it, (c) you
provide, adjacent to the RSS feed, proper attribution to
'FindSportsNow' as the source, (d) your use or display does not suggest
that FindSportsNow promotes or endorses any third party causes, ideas,
web sites, products or services, (e) you do not redistribute the RSS
feed, and (f) your use does not overburden FindSportsNow's systems.
FindSportsNow reserves all rights in the content of the RSS feeds and
may terminate any RSS feed at any time.
Use of the
Technology beyond the scope of authorized access granted to you by
FindSportsNow immediately terminates said permission or license. In
order to collect, aggregate, copy, duplicate, display or make
derivative use of the the Technology or any Content made available via
the Technology for other purposes (including commercial purposes) not
stated herein, you must first obtain a license from FindSportsNow.
TERMINATION OF SERVICE
You agree that FindSportsNow, in its sole discretion, has the right
(but not the obligation) to delete or deactivate your account, block
your email or IP address, or otherwise terminate your access to or use
of the Technology (or any part thereof), immediately and without
notice, and remove and discard any Content within the Technology, for
any reason, including, without limitation, if FindSportsNow believes
that you have acted inconsistently with the letter or spirit of the
Terms of Use. Further, you agree that FindSportsNow shall not be liable
to you or any third-party for any termination of your access to the
Technology. Further, you agree not to attempt to use the Technology
after said termination. Sections 2, 4, 6 and 12-18 shall survive
termination of the Terms of Use.
PROPRIETARY RIGHTS
The Technology is protected to the maximum extent permitted by
copyright laws and international treaties. Content displayed on or
through the Technology is protected by copyright as a collective work
and/or compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative
works from or redistribution of the site or the collective work, and/or
copying or reproducing the sites or any portion thereof to any other
server or location for further reproduction or redistribution is
prohibited without the express written consent of FindSportsNow. You
further agree not to reproduce, duplicate or copy Content from the
Technology without the express written consent of FindSportsNow, and
agree to abide by any and all copyright notices displayed on the
Technology. You may not decompile or disassemble, reverse engineer or
otherwise attempt to discover any source code contained in the
Technology. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any aspect of the Technology. FindSportsNow is a registered mark in the
U.S. Patent and Trademark Office.
Although FindSportsNow
does not claim ownership of content that its users post, by posting
Content to any public area of the Technology, you automatically grant,
and you represent and warrant that you have the right to grant, to
FindSportsNow an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, and distribute said
Content and to prepare derivative works of, or incorporate into other
works, said Content, and to grant and authorize sublicenses (through
multiple tiers) of the foregoing. Furthermore, by posting Content to
any public area of the Technology, you automatically grant
FindSportsNow all rights necessary to prohibit any subsequent
aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Technology by any party for any
purpose.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE FINDSPORTSNOW SITE AND THE TECHNOLOGY IS
ENTIRELY AT YOUR OWN RISK. THE FINDSPORTSNOW SITE AND THE TECHNOLOGY
ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE
EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE
FULLEST EXTENT PERMITTED BY LAW, FINDSPORTSNOW DISCLAIMS ANY WARRANTIES
FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF
THE FINDSPORTSNOW SITE AND THE TECHNOLOGY. TO THE FULLEST EXTENT
PERMITTED BY LAW, FINDSPORTSNOW DISCLAIMS ANY WARRANTIES FOR OTHER
SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FINDSPORTSNOW
SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE
FINDSPORTSNOW SITE. TO THE FULLEST EXTENT PERMITTED BY LAW,
FINDSPORTSNOW DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL
COMPONENTS IN CONNECTION WITH THE FINDSPORTSNOW SITE OR THE TECHNOLOGY.
Some jurisdictions do not allow the disclaimer of implied warranties.
In such jurisdictions, some of the foregoing disclaimers may not apply
to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FINDSPORTSNOW BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN
IF FINDSPORTSNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM ANY ASPECT OF YOUR USE OF THE FINDSPORTSNOW SITE OR THE
TECHNOLOGY, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
FINDSPORTSNOW SITE OR THE TECHNOLOGY, FROM INABILITY TO USE THE
FINDSPORTSNOW SITE OR THE TECHNOLOGY, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE FINDSPORTSNOW SITE OR
THE TECHNOLOGY. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH THE FINDSPORTSNOW SITE OR THE
TECHNOLOGY OR ANY LINKS ON THE FINDSPORTSNOW SITE, AS WELL AS BY REASON
OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE FINDSPORTSNOW SITE OR THE TECHNOLOGY OR ANY LINKS
ON THE FINDSPORTSNOW SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of
liability are not permitted. In such jurisdictions, some of the
foregoing limitation may not apply to you.
INDEMNITY
You agree to indemnify and hold FindSportsNow, its officers,
subsidiaries, affiliates, successors, assigns, directors, officers,
agents, service providers, suppliers and employees, harmless from any
claim or demand, including reasonable attorney fees and court costs,
made by any third party due to or arising out of Content you submit,
post or make available through the Technology, your use of the
Technology, your violation of the Terms of Use, your breach of any of
the representations and warranties herein, or your violation of any
rights of another.
GENERAL INFORMATION
The Terms of Use constitute the entire agreement between you and
FindSportsNow and govern your use of the Technology, superseding any
prior agreements between you and FindSportsNow. The Terms of Use and
the relationship between you and FindSportsNow shall be governed by the
laws of the State of California without regard to its conflict of law
provisions. You and FindSportsNow agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of San
Diego, California. The failure of FindSportsNow to exercise or enforce
any right or provision of the Terms of Use shall not constitute a
waiver of such right or provision. If any provision of the Terms of Use
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 Terms of Use 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 Technology or the Terms of Use must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms of Use by emailing to:
Our
failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often
difficult to quantify, if it becomes necessary for FindSportsNow to
pursue legal action to enforce the Terms of Use, you will be liable to
pay FindSportsNow the following amounts as liquidated damages, which
you accept as reasonable estimates of FindSportsNows' damages for the
specified breaches of the Terms of Use:
- If you post a message that (1) impersonates any person or entity;
(2) falsely states or otherwise misrepresents your affiliation with a
person or entity; or (3) that includes personal or identifying
information about another person without that person's explicit
consent, you agree to pay FindSportsNow one thousand dollars ($1,000)
for each such message. This provision does not apply to messages that
are lawful non-deceptive parodies of public figures.
- If FindSportsNow establishes limits on the frequency with which
you may access the Technology, or terminates your access to or use of
the Technology, you agree to pay FindSportsNow one hundred dollars
($100) for each message posted in excess of such limits or for each
day on which you access FindSportsNow in excess of such limits,
whichever is higher.
- If you send unsolicited email advertisements to FindSportsNow
email addresses or through FindSportsNow computer systems, you agree
to pay FindSportsNow twenty five dollars ($25) for each such email.
- If you post Content in violation of the Terms of Use, other than
as described above, you agree to pay FindSportsNow one hundred
dollars ($100) for each Item of Content posted. In its sole
discretion, FindSportsNow may elect to issue a warning before
assessing damages.
- If you are a Posting Agent that uses the Technology in violation
of the Terms of Use, in addition to any liquidated damages under
clause (d), you agree to pay FindSportsNow one hundred dollars ($100)
for each and every Item of Conent posted in violation of the Terms of
Use. A Posting Agent will also be deemed an agent of the party
engaging the Posting Agent to access the Technology (the
"Principal"), and the Principal (by engaging the Posting Agent in
violation of the Terms of Use) agrees to pay FindSportsNow an
additional one hundred dollars ($100) for each Item of Conent posted
by the Posting Agent on behalf of the principal in violation of the
Terms of Use.
- If you aggregate, display, copy, duplicate, reproduce, or
otherwise exploit for any purpose any Content (except for your own
Content) in violation of the Terms of Use without FindSportsNow's
express written permission, you agree to pay FindSportsNow three
thousand dollars ($3,000) for each day on which you engage in such
conduct.
Otherwise, you agree to pay FindSportsNow's actual damages, to the
extent such actual damages can be reasonably calculated.
Notwithstanding any other provision of the Terms of Use, FindSportsNow
retains the right to seek the remedy of specific performance of any
term contained in the Terms of Use, or a preliminary or permanent
injunction against the breach of any such term or in aid of the
exercise of any power granted in the Terms of Use, or any combination
thereof.