TERMS AND CONDITIONS OF USEWelcome to SportsKids.com! We provide our service to you, subject to the following "Terms and Conditions of Use" (the "Terms"), which may be updated by us from time to time without notice to you. You can always review the most current version of the Terms at any time at www.sportskids.com/InfoPages/terms.htm.
1. Services Provided.SportsKids.com currently provides users with access to a rich collection of on-line resources, including various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SportsKids properties, shall be subject to the Terms. You understand and agree that the Service is provides "AS-IS" and that SportsKids assumes no responsibility for the timeliness, accuracy, deletion, mis-delivery or failure to store any user communications or personalization settings. < BR>
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. < BR>
2. Registration.In consideration of your use of the Service that may require registration, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SportsKids has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SportsKids has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any portion thereof.
SportsKids is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a SportsKids Family Account. When you create a SportsKids Family Account and add you child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the SportsKids Family Account. By adding a child to your SportsKids Family Account, you also give your child permission to access all of the Services, including the SportsKids.com News Writers Desk, e-mail, message boards, clubs, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined below) is appropriate for your child.
3. Member Account, Password and Security.You and your family will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and or account. You agree to (a) immediately notify SportsKids of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SportsKids cannot and will not be liable for any loss or damage arising from your failure to comply with this section. < BR>
4. Restrictions on use of materials. This site is owned and operated by SportsKids.com (referred to herein individually or collectively as "SportsKids," "we," "us," or "our"). No material from SportsKids.com or any Web site owned, operated, licensed, or controlled by SportsKids may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to SportsKids.
5. Submissions.Any and all material submitted by you to SportsKids.com, our affiliates, web sites and other properties belongs exclusively to SportsKids. If at our request you send certain specific submissions (e.g., articles for SportsKids.com News, postings to chats, message boards, comments, photos, pictures, graphics or contests) or, if at your own volition, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of SportsKids. None of the Submissions shall be subject to any obligation of confidence on the part of SportsKids, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, SportsKids shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
6. Forums and Public Communication."Forum" means a chat area, bulletin board, comment section, the SportsKids.com News, or e-mail function offered as part of SportsKids.com. You shall not upload to, distribute through, or otherwise publish through SportsKids.com any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violates any law. < BR>
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other SportsKids.com guests to join or become members of any commercial online service or other organization is expressly prohibited. You must also follow the House Rules whenever you are using SportsKids.com. < BR>
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those materials have been waived. < BR>
SportsKids.com sends out periodic communications and newsletters to our customers. Purchasing goods at SportsKids.com is considered an "opt-in" to receive these communications. If at any time you no longer wish to receive information from SportsKids.com, each correspondence will provide options to "opt-out" of future mailings. < BR>
7. Indemnification.You agree to indemnify and hold SportsKids, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any right of another. < BR>
8. Use and Storage LimitationsYou acknowledge that SportsKids may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings, photos, submissions to the SportsKids.com News or other uploaded Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on SportsKids' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SportsKids has no responsibility or liability for deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SportsKids reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SportsKids reserves the right to change these practices and limits at any time, in its sole discretion, with or without notice. < BR>
9. AdvertisersYour correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SportsKids shall not be responsible or liable for any loss or damage or any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. < BR>
10. Links.The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SportsKids has no control over such sites and resources, you acknowledge and agree that SportsKids is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SportsKids shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. Jurisdictional Issues.Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting SportsKids, our services other products available in the United States and its territories, possessions, and protectorates. This site is controlled and operated by SportsKids from its offices within the State of West Virginia, United States of America. SportsKids makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. Nothing from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using SportsKids, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. < BR>
12. Termination.These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all SportsKids site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from SportsKids if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other SPORTSKIDS site(s) and all copies thereof, whether made under the terms of these terms or otherwise. < BR>
13. DisclaimerTHE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPORTSKIDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPORTSKIDS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPORTSKIDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SPORTSKIDS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. < BR>
Further, SportsKids.com explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from SportsKids.com from third parties not associated with SportsKids. SportsKids.com encourages discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, SportsKids cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
SportsKids.com cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from SportsKids.com, since other shop channels are owned and operated by independent retailers. SportsKids.com does not endorse any of the merchandise, nor has SportsKids.com taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. SportsKids.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. < BR>
LIMITATION OF LIABILITYUNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SPORTSKIDS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF SPORTSKIDS OR A SPORTSKIDS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SPORTSKIDS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTPursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement. < BR>
OTHERThese terms shall be governed by and construed in accordance with the laws of the State of West Virginia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Parkersburg, West Virginia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.