OSportsNet.com is a social networking service that allows Members
to create unique personal profiles online in order to find and
communicate with old and new friends. The services offered by
OSportsNet.com ("OSportsNet.com" or "we") include the OSportsNet.com
website (the "OSportsNet Website"), the OSportsNet.com Internet
messaging service, and any other features, content, or applications
offered from time to time by OSportsNet.com in connection with the
OSportsNet Website (collectively, the "OSportsNet.com Services").
The OSportsNet.com Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the OSportsNet.com Services. By using
the OSportsNet.com Services, you agree to be bound by this
Agreement, whether you are a "Visitor" (which means that you simply
browse the OSportsNet.com Website) or you are a "Member" (which
means that you have registered with OSportsNet.com). The term "User"
refers to a Visitor or a Member. You are only authorized to use the
OSportsNet.com Services (regardless of whether your access or use is
intended) if you agree to abide by all applicable laws and to this
Agreement. Please read this Agreement carefully and save it. If you
do not agree with it, you should leave the OSportsNet.com Website
and discontinue use of the OSportsNet.com Services immediately. If
you wish to become a Member, communicate with other Members and make
use of the OSportsNet.com Services, you must read this Agreement and
indicate your acceptance during the Registration process.
This Agreement includes OSportsNet.com's policy for acceptable
use of the OSportsNet.com Services and Content posted on the
OSportsNet.com Website, your rights, obligations and restrictions
regarding your use of the OSportsNet.com Services and
OSportsNet.com's Privacy Policy. In order to participate in certain
OSportsNet.com Services, you may be notified that you are required
to download software or content and/or agree to additional terms and
conditions. Unless otherwise provided by the additional terms and
conditions applicable to the OSportsNet.com Services in which you
choose to participate, those additional terms are hereby
incorporated into this Agreement. You may receive a copy of this
Agreement by emailing us at:
privacy@osportsnet.com, Subject: Terms of Use Agreement.
OSportsNet.com may modify this Agreement from time to time and
such modification shall be effective upon posting by OSportsNet.com
on the OSportsNet.com Website. You agree to be bound to any changes
to this Agreement when you use the OSportsNet.com Services after any
such modification is posted. It is therefore important that you
review this Agreement regularly to ensure you are updated as to any
changes.
Please choose carefully the information you post on
OSportsNet.com and that you provide to other Users. Your
OSportsNet.com profile may not include the following items:
telephone numbers, street addresses, last names, and any photographs
containing nudity, or obscene, lewd, excessively violent, harassing,
sexually explicit or otherwise objectionable subject matter. Despite
this prohibition, information provided by other OSportsNet.com
Members (for instance, in their Profile) may contain inaccurate,
inappropriate, offensive or sexually explicit material, products or
services, and OSportsNet.com assumes no responsibility or liability
for this material. If you become aware of misuse of the
OSportsNet.com Services by any person, please contact
OSportsNet.com or click on the "Report Inappropriate Content"
link at the bottom of any OSportsNet.com page.
OSportsNet.com reserves the right, in its sole discretion, to
reject, refuse to post or remove any posting (including private
messages) by you, or to restrict, suspend, or terminate your access
to all or any part of the OSportsNet.com Services at any time, for
any or no reason, with or without prior notice, and without
liability.
Eligibility. Use of and Membership in the
OSportsNet.com Services is void where prohibited. By using the
OSportsNet.com Services, you represent and warrant that (a) all
registration information you submit is truthful and accurate; (b)
you will maintain the accuracy of such information; (c) you are 14
years of age or older; and (d) your use of the OSportsNet.com
Services does not violate any applicable law or regulation. Your
profile may be deleted and your Membership may be terminated
without warning, if we believe that you are under 14 years of age.
Term. This Agreement shall remain in full
force and effect while you use the OSportsNet.com Services or are
a Member. You may terminate your Membership at any time, for any
reason, by following the instructions on the Member's Account
Settings page. OSportsNet.com may terminate your Membership at any
time, without warning. Even after Membership is terminated, this
Agreement will remain in effect, including sections 5-17.
Fees. You acknowledge that OSportsNet.com
reserves the right to charge for the OSportsNet.com Services and
to change its fees from time to time in its discretion. If
OSportsNet.com terminates your Membership because you have
breached the Agreement, you shall not be entitled to the refund of
any unused portion of subscription fees.
Password. When you sign up to become a
Member, you will also be asked to choose a password. You are
entirely responsible for maintaining the confidentiality of your
password. You agree not to use the account, username, or password
of another Member at any time or to disclose your password to any
third party. You agree to notify OSportsNet.com immediately if you
suspect any unauthorized use of your account or access to your
password. You are solely responsible for any and all use of your
account.
Non-commercial Use by Members. The
OSportsNet.com Services are for the personal use of Members only
and may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by
OSportsNet.com. Illegal and/or unauthorized use of the
OSportsNet.com Services, including collecting usernames and/or
email addresses of Members by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing of or
linking to the OSportsNet.com Website is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation
may be removed from Member profiles without notice and may result
in termination of Membership privileges. Appropriate legal action
will be taken for any illegal or unauthorized use of the
OSportsNet.com Services.
Proprietary Rights in Content on OSportsNet.com.
OSportsNet.com does not claim any ownership rights in the
text, files, images, photos, video, sounds, musical works, works
of authorship, or any other materials (collectively, "Content")
that you post to the OSportsNet.com Services. After posting your
Content to the OSportsNet.com Services, you continue to retain
all ownership rights in such Content, and you continue to have
the right to use your Content in any way you choose. By
displaying or publishing ("posting") any Content on or through
the OSportsNet.com Services, you hereby grant to OSportsNet.com
a limited license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content solely on and
through the OSportsNet.com Services.
Without this license, OSportsNet.com would be unable to
provide the OSportsNet.com Services. For example, without the
right to modify Member Content, OSportsNet.com would not be able
to digitally compress music files that Members submit or
otherwise format Content to satisfy technical requirements, and
without the right to publicly perform Member Content,
OSportsNet.com could not allow Users to listen to music posted
by Members. The license you grant to OSportsNet.com is
non-exclusive (meaning you are free to license your Content to
anyone else in addition to OSportsNet.com), fully-paid and
royalty-free (meaning that OSportsNet.com is not required to pay
you for the use on the OSportsNet.com Services of the Content
that you post), sublicensable (so that OSportsNet.com is able to
use its affiliates and subcontractors such as Internet content
delivery networks to provide the OSportsNet.com Services), and
worldwide (because the Internet and the OSportsNet.com Services
are global in reach). This license will terminate at the time
you remove your Content from the OSportsNet.com Services. The
license does not grant OSportsNet.com the right to sell your
Content, nor does the license grant OSportsNet.com the right to
distribute your Content outside of the OSportsNet.com Services.
You represent and warrant that: (i) you own the Content
posted by you on or through the OSportsNet.com Services or
otherwise have the right to grant the license set forth in this
section, and (ii) the posting of your Content on or through the
OSportsNet.com Services does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other
rights of any person. You agree to pay for all royalties, fees,
and any other monies owing any person by reason of any Content
posted by you to or through the OSportsNet.com Services.
The OSportsNet.com Services contain Content of
OSportsNet.com ("OSportsNet.com Content"). OSportsNet.com
Content is protected by copyright, trademark, patent, trade
secret and other laws, and OSportsNet.com owns and retains all
rights in the OSportsNet.com Content and the OSportsNet.com
Services. OSportsNet.com hereby grants you a limited, revocable,
nonsublicensable license to reproduce and display the
OSportsNet.com Content (excluding any software code) solely for
your personal use in connection with viewing the OSportsNet.com
Website and using the OSportsNet.com Services.
The OSportsNet.com Services contain Content of Users and
other OSportsNet.com licensors. Except for Content posted by
you, you may not copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, or sell any Content
appearing on or through the OSportsNet.com Services.
Content Posted.
OSportsNet.com may delete any Content that in the sole
judgment of OSportsNet.com violates this Agreement or which may
be offensive, illegal or violate the rights, harm, or threaten
the safety of any person. OSportsNet.com assumes no
responsibility for monitoring the OSportsNet.com Services for
inappropriate Content or conduct. If at any time OSportsNet.com
chooses, in its sole discretion, to monitor the OSportsNet.com
Services, OSportsNet.com nonetheless assumes no responsibility
for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of
the User submitting any such Content.
You are solely responsible for the Content that you post on
or through any of the OSportsNet.com Services, and any material
or information that you transmit to other Members and for your
interactions with other Users. OSportsNet.com does not endorse
and has no control over the Content. Content is not necessarily
reviewed by OSportsNet.com prior to posting and does not
necessarily reflect the opinions or policies of OSportsNet.com.
OSportsNet.com makes no warranties, express or implied, as to
the Content or to the accuracy and reliability of the Content or
any material or information that you transmit to other Members.
Content/Activity Prohibited. The following is
a partial list of the kind of Content that is illegal or
prohibited to post on or through the OSportsNet.com Services.
OSportsNet.com reserves the right to investigate and take
appropriate legal action against anyone who, in OSportsNet.com's
sole discretion, violates this provision, including without
limitation, removing the offending communication from the
OSportsNet.com Services and terminating the Membership of such
violators. Prohibited Content includes, but is not limited to
Content that, in the sole discretion of OSportsNet.com:
is patently offensive and promotes racism, bigotry, hatred
or physical harm of any kind against any group or individual;
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;
provides any telephone numbers, street addresses, last
names, URLs or email addresses;
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, such as providing pirated computer programs or
links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
involves the transmission 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 illegal activities
including, but not limited to making or buying illegal weapons,
violating someone's privacy, or providing or creating computer
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, or pyramid schemes;
includes a photograph of another person that you have posted
without that person's consent; or
for band and filmmaker profiles, uses sexually suggestive
imagery or any other unfair, misleading or deceptive Content
intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is
illegal or prohibited on the OSportsNet.com Website and through
your use of the OSportsNet.com Services. OSportsNet.com reserves
the right to investigate and take appropriate legal action against
anyone who, in OSportsNet.com's sole discretion, violates this
provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is not
limited to:
criminal or tortious activity, including child pornography,
fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, sending of viruses or
other harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or
sell any products or services through the OSportsNet.com
Services. You may not transmit any chain letters or junk email
to other Members. It is also a violation of these rules to use
any information obtained from the OSportsNet.com Services in
order to contact, advertise to, solicit, or sell to any Member
without their prior explicit consent. In order to protect our
Members from such advertising or solicitation, OSportsNet.com
reserves the right to restrict the number of emails which a
Member may send to other Members in any 24-hour period to a
number which OSportsNet.com deems appropriate in its sole
discretion. If you breach this Agreement and send unsolicited
bulk email, instant messages or other unsolicited communications
of any kind through the OSportsNet.com Services, you acknowledge
that you will have caused substantial harm to OSportsNet.com,
but that the amount of such harm would be extremely difficult to
ascertain. As a reasonable estimation of such harm, you agree to
pay OSportsNet.com $50 for each such unsolicited email or other
unsolicited communication you send through the OSportsNet.com
Services;
covering or obscuring the banner advertisements on your
personal profile page, or any OSportsNet.com page via HTML/CSS
or any other means;
any automated use of the system, such as using scripts to
add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on
the OSportsNet.com Services or the networks or services
connected to the OSportsNet.com Services;
attempting to impersonate another Member or person;
for band profiles, copying the code for your OSportsNet.com
Player and embedding it into other profiles or asking other
Members to embed it into their profiles;
using the account, username, or password of another Member
at any time or disclosing your password to any third party or
permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the OSportsNet.com
Services in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting
payment or anything of value from a third person in exchange for
your performing any commercial activity on or through the
OSportsNet.com Services on behalf of that person, such as
placing commercial content on your profile, posting blogs or
bulletins with a commercial purpose, selecting a profile with a
commercial purpose as one of your "Top 8" friends, or sending
private messages with a commercial purpose; or
using the OSportsNet.com Services in a manner inconsistent
with any and all applicable laws and regulations.
Copyright Policy. You may not post, modify,
distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others
without obtaining the prior written consent of the owner of such
proprietary rights. It is the policy of OSportsNet.com to
terminate Membership privileges of any Member who repeatedly
infringes the copyright rights of others upon receipt of proper
notification to OSportsNet.com 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
OSportsNet.com Services in a way that constitutes copyright
infringement, please provide our Copyright Agent 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
OSportsNet.com Services; (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.
OSportsNet.com's Copyright Agent for notice of claims of copyright
infringement can be reached as follows: Copyright Agent,
OSportsNet.com, Inc., 1240 E. Evans St., San Jacinto, CA 92583;
Attn: Copyright Agent; and email:
privacy@osportsnet.com.
Member Disputes. You are solely responsible
for your interactions with other OSportsNet.com Members.
OSportsNet.com reserves the right, but has no obligation, to
monitor disputes between you and other Members.
Privacy. Use of the OSportsNet.com Services
is also governed by our Privacy Policy, which is incorporated into
this Agreement by this reference.
Disclaimers. OSportsNet.com is not
responsible for any incorrect or inaccurate Content posted on the
OSportsNet.com Website or in connection with the OSportsNet.com
Services, whether caused by Users of the OSportsNet.com Services
or by any of the equipment or programming associated with or
utilized in the OSportsNet.com Services. Profiles created and
posted by Members on the OSportsNet.com Website may contain links
to other websites. OSportsNet.com is not responsible for the
Content, accuracy or opinions expressed on such websites, and such
websites are in no way investigated, monitored or checked for
accuracy or completeness by OSportsNet.com. Inclusion of any
linked website on the OSportsNet.com Services does not imply
approval or endorsement of the linked website by OSportsNet.com.
When you access these third-party sites, you do so at your own
risk. OSportsNet.com takes no responsibility for third party
advertisements which are posted on this OSportsNet.com Website or
through the OSportsNet.com Services, nor does it take any
responsibility for the goods or services provided by its
advertisers. OSportsNet.com is not responsible for the conduct,
whether online or offline, of any User of the OSportsNet.com
Services. OSportsNet.com 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, any User or Member
communication. OSportsNet.com is not responsible for any problems
or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment,
software, failure of any email or players due to technical
problems or traffic congestion on the Internet or on any of the
OSportsNet.com Services or combination thereof, including any
injury or damage to Users or to any person's computer related to
or resulting from participation or downloading materials in
connection with the OSportsNet.com Services. Under no
circumstances shall OSportsNet.com be responsible for any loss or
damage, including personal injury or death, resulting from use of
the OSportsNet.com Services, attendance at a OSportsNet.com event,
from any Content posted on or through the OSportsNet.com Services,
or from the conduct of any Users of the OSportsNet.com Services,
whether online or offline. The OSportsNet.com Services are
provided "AS-IS" and as available and OSportsNet.com expressly
disclaims any warranty of fitness for a particular purpose or
non-infringement. OSportsNet.com cannot guarantee and does not
promise any specific results from use of the OSportsNet.com
Services.
Limitation on Liability. IN NO EVENT SHALL
OSportsNet.com BE LIABLE 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 SERVICES, EVEN IF OSportsNet.com HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OSportsNet.com'S LIABILITY 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
OSportsNet.com FOR THE OSportsNet.com SERVICES DURING THE TERM OF
MEMBERSHIP.
U.S. Export Controls. Software available in
connection with the OSportsNet.com Services (the "Software") is
further subject to United States export controls. No Software may
be downloaded from the OSportsNet.com Services or otherwise
exported or re-exported in violation of U.S. export laws.
Downloading or using the Software is at your sole risk.
Disputes. If there is any dispute about or
involving the OSportsNet.com Services, you agree that the dispute
shall be governed by the laws of the State of California, USA,
without regard to conflict of law provisions and you agree to
exclusive personal jurisdiction and venue in the state and federal
courts of the United States located in the State of California,
City of San Jacinto. Either OSportsNet.com or you may demand that
any dispute between OSportsNet.com and you about or involving the
OSportsNet.com Services must be settled by arbitration utilizing
the dispute resolution procedures of the American Arbitration
Association (AAA) in Los Angeles, California, USA, provided that
the foregoing shall not prevent OSportsNet.com from seeking
injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold
OSportsNet.com, its subsidiaries, and affiliates, and their
respective officers, agents, 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 OSportsNet.com Services 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 OSportsNet.com Website
or through the OSportsNet.com Services causes OSportsNet.com to be
liable to another.
Other. This Agreement is accepted upon your
use of the OSportsNet.com Website or any of the OSportsNet.com
Services and is further affirmed by you becoming a Member. This
Agreement constitutes the entire agreement between you and
OSportsNet.com regarding the use of the OSportsNet.com Services.
The failure of OSportsNet.com 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.
OSportsNet.com is a trademark of OSportsNet.com, Inc. This
Agreement operates to the fullest extent permissible by law. 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.
