2. ADDITIONAL TERMS. By using the Site, you further agree that you will comply with any additional terms that we may provide to govern certain products or services that we offer from time to time (“Additional Terms”); we will present any such Additional Terms in conjunction with the applicable products and services. We may also require your agreement to rules of participation (“Rules”) for activities and services such as (by way of example only) award programs, promotions, contests or sweepstakes. Any Additional Terms or Rules that we promulgate are hereby incorporated in these Terms by this reference. In addition, we reserve the right to modify or terminate any award programs, promotions, contests or sweepstakes at any time in our sole discretion and without notice.
5.2 ACCURACY OF INFORMATION. Some services on the Site permit or require you to create an account to participate in services offered, to access additional content, or to secure additional benefits. You must provide, maintain and update accurate, complete, truthful and current information in response to all questions asked and requests made by our registration processes, and you will only use your own account to access the Site and any services it offers. You will not under any circumstances use the account, username, or password of someone else at any time.
6. ACCOUNT SECURITY. You are entirely responsible for maintaining the confidentiality of any password and other account information that you create in order to access or use the Site. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
7. USE OF SOFTWARE. Use of the Site may require you to use software provided by or operated from the Site, and on occasion we may make certain software available to you from the Site. To the extent you use such software or download such software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) will be deemed to be licensed to you by us, for your personal, noncommercial use only. We do not transfer either the title or the intellectual property rights to the Software, and we (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
8. TRADEMARK INFORMATION. The PostGame logo and red period punctuation, the SportsFanLive “FAN MAN” logo, THEPOSTGAME, THE HIGH FIVE, SPORTS FAN LIVE, SPORTSFANLIVE, SFL, SPORTS MEDIA VENTURES, and SMV trademarks and service marks, together with other Company logos and product and service names, are trademarks of Company, and you may not copy, use or display them in any manner without our prior written consent, which we may withhold in our sole discretion.
9. USER MATERIALS. Many areas of the Site welcome and even invite comments, “takes,” and other content from its users, and may allow interaction by and among Site users by permitting those users to participate in forums, submit comments, provide posts and other content to web logs (or “blogs”) provided by Company and by third parties. In addition, on or in connection with certain of the Site, users can register or otherwise be selected to be blog authors, guest writers, editors, publishers or contributors (in all cases, “Company Contributors”) and undertake to provide Company and/or its business partners who operate blogs that include content provided by Company or its users (such business partners being referred to herein as “Content Partners”) with exclusive blog content on a range of subjects. As a result, you may from time to time have the opportunity to provide Company with content that you generate in connection with your participation in the aforementioned services, and certain, important terms and conditions apply to any such content that you elect to provide, as follows:
9.3 LICENSE GRANT. By submitting, posting, uploading, transmitting, displaying, communicating, or otherwise distributing User Content to or through the Site, you are granting us and our licensees, distributors, partner websites, advertisers, agents, representatives and other authorized users a worldwide, perpetual, nonexclusive (except with respect to the Exclusive Content, as set forth below), irrevocable, fully-paid, royalty-free, sub-licensable and transferable license in any and all media under all copyrights, patents, trademarks, trade secrets, privacy and publicity rights and other proprietary rights that you own or control in the User Content as follows:
(a) We may use, reproduce, transmit, display, publicly perform, distribute, comment on, modify, create derivative works of and otherwise exploit your User Content, in whole or in part, in all tangible and electronic formats whether now known or hereafter developed, and we may do so on the Site, on Content Partner websites and other third-party websites, through books, magazines, newspapers, film, television, wireless and mobile platforms, in products that we or others develop (including products developed after the date of your contributions), and on physical media.
(b) We can use your User Content both internally and externally and for any and all purposes as we may determine in our sole discretion, including, without limitation, for marketing and promotion, for advertising, for entertainment, for news and information, and for development and improvement of the Site and Content Partner websites, and we can do so without further notice to you, and without obtaining your permission or making any payment to you or to any other person or entity for such use.
(c) If you have provided us or any of our Content Partners with Exclusive Content, then the license grant set forth in this Section 10.3 is exclusive and you may make no further use of any Exclusive Content after such Exclusive Content has been submitted. You must get Company’s prior written consent before making any use (whether for personal, professional, promotional or other use) of Exclusive Content in any way other than as agreed upon by you and Company. If you have a question at any time as to whether any of your User Content constitutes Exclusive Content, then you must contact Company before you make any use of that User Content after it has been submitted to Company or its Content Partner.
(d) Under no circumstances will we have any obligation to compensate you for any use we may make of your User Content. if you have provided us with your name or otherwise used your name to identify your User Content, we may elect to publish or otherwise disclose your name in connection with your User Content, but we will have no obligation to do so.
9.4 PUBLIC FORUMS. The Site may contain areas or features that offer users the opportunity to provide User Content in a way that makes it available for viewing by other Site users. These areas or features may include, by way of example only, chat rooms, message boards, instant or mobile messaging services, user blogs, comments and user email accounts. You understand and agree that any such areas and features are intended for public communications only, and you that have no expectation of privacy with regard to any User Content that you provide using any such areas or features. Disclosures made using these areas or features are at your own risk, and we make no guarantee regarding the privacy or security of any information you disclose through any of these areas or features. You are and shall remain solely responsible for the User Content provided using your account on or through the Site, and we will have no duty to monitor any of the areas or features described in this paragraph.
10. USER CONDUCT.
10.1 COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the services it offers, and when providing any User Content to or through the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to submit, post, upload, transmit, display, communicate, or otherwise distribute User Content in violation of any third party’s copyrights, patents, trademarks, trade secrets or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your user account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
10.3 PROHIBITED USES. In addition to the foregoing, we impose certain restrictions on your permissible use of the Site and the services it offers. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site or any associated services, system or network, or to breach security or authentication measures without proper authorization; (c) using any automated process or service (such as, by way of example only, any spider, robot, or automated searching or “scraping” tool) to monitor, access or copy any content from the Site; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, initiating or facilitating any “denial of service” attack, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using the Site or its servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site or its services. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a loss of your ability to access and use the Site.
11. COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the services we offer. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it in writing to the Company’s designated agent, who may be reached at the following address:
Sports Media Ventures, Inc.
Attn: Copyright Agent
8401 Hillside Avenue
Los Angeles, CA 90069
Phone: (323) 540-4735
12. NO WARRANTIES. WE ARE MAKING THE SITE AND ANY SERVICES IT PROVIDES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES IT OFFERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE OR ANY SERVICES IT OFFERS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
13.1 DISCLAIMER REGARDING THIRD-PARTY CONTENT. THE SITE CONTAINS THE OPINIONS AND VIEWS OF BLOGGERS, JOURNALISTS AND OTHER USERS, ALL OF WHOM ARE BEYOND THE CONTROL OF COMPANY. GIVEN THE INTERACTIVE NATURE OF THE SITE, WE DO NOT AND CAN NOT BE RESPONSIBLE FOR, OR OTHERWISE ENDORSE OR GUARANTEE, THE ACCURACY OR TRUTHFULNESS OF ANY SUCH CONTENT GENERATED BY THIRD PARTIES.
13.2 DISCLAIMER REGARDING USER ACTIONS. WE DO NOT PRE-SCREEN, INVESTIGATE OR OTHERWISE REVIEW OR APPROVE USERS, AND WE CANNOT GUARANTEE USER IDENTITIES OR ANY INFORMATION THAT USERS PROVIDE. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS YOU MAY TAKE ON OR IN CONNECTION WITH THE SITE OR THE SERVICE. YOU SHOULD NOT PROVIDE ANY PERSONAL INFORMATION TO ANY OTHER USER UNLESS YOU KNOW WHO THAT USER IS AND KNOW WHAT HE OR SHE INTENDS TO DO WITH YOUR PERSONAL INFORMATION. MUCH OF THE CONTENT WE PROVIDE IS INFORMATION THAT RESIDES ON OUR SERVERS AT THE DIRECTION OF OUR USERS, AND YOU MUST USE YOUR OWN INDEPENDENT JUDGMENT IN USING THE SITE, IN PARTICIPATING IN ANY EVENTS OR OTHER NETWORKING OPPORTUNITIES THAT MAY BE AVAILABLE FROM THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY SUCH EVENTS OR OTHER OPPORTUNITIES THAT MIGHT ARISE IN CONNECTION WITH USE OF A “FANFINDER” SERVICE OR ANY SIMILAR APPLICATION), AND BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS BASED ON INFORMATION YOU MAY OBTAIN FROM THE SITE.
13.3 FURTHER DISCLAIMER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT WE HAVE CREATED THIS SITE FOR THE PURPOSE OF PROVIDING ENTERTAINMENT, NEWS, EDITORIAL CONTENT, INFORMATION, TOOLS AND SERVICES THAT WE BELIEVE OUR USERS WILL USE AND ENJOY, AND WHILE WE EXERCISE REASONABLE EFFORTS TO MONITOR THE INFORMATION ON THIS SITE AND TO UPDATE THE SITE REGULARLY, YOU UNDERSTAND AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL INCLUDED HERE, OR ON ANY SITE ACCESSIBLE FROM HERE.
14. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. WE MAY TERMINATE YOUR ACCESS TO THE SITE OR ALTER OR DELETE THE SITE OR ITS CONTENT OR FEATURES AT ANY TIME, IN ANY WAY, AND FOR ANY REASON OR NO REASON, ALL IN OUR SOLE DISCRETION.
17. COPYRIGHT. All contents of the Site are: Copyright © Sports Media Ventures, Inc. and its licensors. All rights reserved. For more information (including any questions about reusing materials found on the Site), please contact us at the address set forth in Section 2 above.
20. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of our trademarks, service marks, or logos, or the trademarks, service marks, or logos owned by any third party.
21. CALIFORNIA USE ONLY. The Site is controlled and operated by the Company from its offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.