Terms of Use
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE WEBSITES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Welcome to the U. S. Sports Media, inc owner of many Sports News Websites. This Website is operated by U. S. Sports Media, Inc a subsidiary of Duza, LLC. Materials on the Site are owned or licensed by Duza, LLC or U. S. Sports Media, inc. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Duza, LLC or U. S. Sports Media, inc.
Duza, LLC or U. S. Sports Media, inc has created this website for your personal use, and entertainment. The Terms and Conditions of Use constitute a legal agreement ("Agreement") between you and Duza, LLC or U. S. Sports Media, inc.
Use of the Site is also governed by the Privacy Policy [insert hyper link], which is incorporated into this Agreement by this reference. By using the Site, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means that you have registered with ussports.com). The term "User" refers to a Visitor or a Member. You are only authorized to access this Site or to use the materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.
Duza, LLC or U. S. Sports Media, inc ("Company" or "we," "our," or "us") owns or controls, and provides access to, several interactive web sites (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features that are accessible or downloadable through the web sites owned or controlled by Company and that link to these Terms of Use (collectively, "Web Sites"). THESE Terms of Use GOVERN YOUR USE OF THE WEB SITES. These Terms of Use only apply to the Websites owned by Duza, LLC or U. S. Sports Media, inc, and not to any other web site or any offline activities by Company (unless specifically stated). You agree to these Terms of Use by accessing or using the Websites, registering for services offered on the Web Sites, or by accepting, uploading, submitting or downloading any information or content from or to the Web Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, DO NOT USE THE WEB SITES.
1. Acceptance of Terms
Your use of the Websites is subject to these Terms of Use, which may be updated by us from time to time without notice to you. It is important for you to refer to these Terms of Use from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms of Use. Your use of the Websites constitutes your acceptance of these Terms of Use.
2. ACCESS AND USE
All materials contained in all the websites owned by Duza, LLC or U. S. Sports Media, inc are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from these Websites for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Website. The use of materials from this Website on any other website or networked computer environment is prohibited.
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Website including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise.
3. CONTENT ON THIS WEBSITE
Web Sites content, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Sites, including without limitation, the "look and feel" of the Web Sites (collectively, "Content") are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the property of Company, its parent, subsidiaries, affiliates, or its licensors. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by Company, no rights are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Websites. Copying, archiving or storing any part of the Websites for a purpose that is not permitted by these Terms of Use is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the Web Sites.
Subject to your strict compliance with these Terms of Use, Duza, LLC or U. S. Sports Media, inc grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download - view, use and/or play a single copy of the Content (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Web Sites' software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Web Sites create to generate its web pages; or any software or other products or processes accessible through the Web Sites; and (iii) do not insert any code or product to manipulate the Content in any way that affects any user's experience.
You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials, "blogging," or engaging in any form of communication in connection with this Site) (collectively "Content") to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively "Forums"). You are solely responsible for such Content. Duza, LLC or U. S. Sports Media, inc accepts no responsibility whatsoever in connection with or arising from such Content.
Duza, LLC or U. S. Sports Media, inc does not endorse and has no control over the Content submitted by others to Forums. Content submitted to Forums is not necessarily reviewed by Duza, LLC or U. S. Sports Media, inc prior to posting and does not necessarily reflect the opinions or policies of Duza, LLC or U. S. Sports Media, inc. Duza, LLC or U. S. Sports Media, inc makes no warranties, express or implied, as to such Content or its accuracy and reliability. Nonetheless, Duza, LLC or U. S. Sports Media, inc reserves the right to prevent you from submitting Content to Forums and to edit, restrict or remove such Content for any reason at any time. Duza, LLC or U. S. Sports Media, inc may remove any form of cursing contained in the Content.
Duza, LLC or U. S. Sports Media, inc assumes no responsibility for actively monitoring Forums for inappropriate Content. If, at any time Duza, LLC or U. S. Sports Media, inc chooses, in its sole discretion, to monitor the Forums, Duza, LLC or U. S. Sports Media, inc 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 Content. In submitting Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Duza, LLC or U. S. Sports Media, inc accepts no liability whatsoever if it determines to prevent your Content from being submitted or if it edits, restricts or removes your Content. You also agree to permit any other user of this Website to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Website by any other person.
You agree to release Duza, LLC or U. S. Sports Media, inc, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
Please refer to the "Rules of Discussion" for additional explanation regarding the posting of Content to Forums.
4. Links To Other Websites
The Websites owned by Duza, LLC or U. S. Sports Media, inc may contain hyperlinks to other web sites. Use of the hyperlinks to access these Other Websites, you will leave the Web Sites and your browser will be re-directed to the Other Websites. The Other Websites may have their own terms of service and privacy policy. The Other Websites may have different practices and requirements than the Web Sites owned by Duza, LLC or U. S. Sports Media, inc. Company may not have knowledge of, and is not responsible for, the content presented by any Other Website. As such, Company does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Websites. The hyperlinks to Other Websites do not constitute an endorsement by Duza, LLC or U. S. Sports Media, inc of any Other Website(s) or resources, or their content. The Websites that are owned by Duza, LLC or U. S. Sports Media, inc are only providing these links to you as a convenience.
5. PROHIBITED CONTENT AND/OR ACTIVITY
You must use the Site in a manner consistent with any and all applicable laws and regulations. Content that is illegal or prohibited on the Website. Duza, LLC or U. S. Sports Media, inc reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Websites and terminating the membership of such violators. Prohibited Content includes Content that:
1. is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. contains nudity, violence, or offensive subject matter;
4. involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing;
5. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. exploits people in a sexual or violent manner;
7. solicits personal information from anyone under 18;
8. provides any telephone numbers, street addresses, last names, URLs or email addresses, including in your Member profile;
9. violates the copyright, trademark or other intellectual property rights of any other person;
10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.
The following is a partial list of the kind of activity that is illegal or prohibited on the Duza, LLC or U. S. Sports Media, inc Websites. Duza, LLC or U. S. Sports Media, inc reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. advertising to, or solicitation of, any Member to buy or sell any products or services through the Duza, LLC or U. S. Sports Media, inc Websites. You may not transmit any chain letters or junk email to other Members. Although Duza, LLC or U. S. Sports Media, inc cannot monitor the conduct of its Members off the Duza, LLC or U. S. Sports Media, inc Websites, it is also a violation of these rules to use any information obtained from the Websites in order to harass, abuse, or harm another person, or 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, Duza, LLC or U. S. Sports Media, inc 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 Duza, LLC or U. S. Sports Media, inc deems appropriate in its sole discretion;
2. any automated use of the system;
3. attempting to impersonate another User or person;
4. 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;
5. selling or otherwise transferring your profile;
6. covering or obscuring the banner advertisements on Forums, or any Duza, LLC owned website web pages via HTML/CSS or any other means; or
7. interfering with, disrupting, or creating an undue burden on the site or the networks or services connected to the Websites.
8. Upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, disparaging (including disparaging of Duza, LLC, subsidiaries or affiliates), anything that adversely affects Duza, LLC business such as discouraging any person or entity from advertising with, linking to or supplying Duza, LLC, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company's(Duza, LLC) sole discretion; (ii) information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right; (iii) material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user's uninhibited use and enjoyment of the Websites, interferes with or disrupts the Web Sites or servers or networks connected to the Websites, or disobeys any requirements, procedures, policies or regulations of networks connected to the Web Sites; (iv) information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Websites, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Web Sites; or (v) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," requests for money, petitions for signature, or any other form of solicitation; Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or otherwise make available any material that exploits or harms any individual, corporation or other entity;
9. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
10. Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
11. Use or attempt to use another's information, account, password, service or system except as expressly permitted;
12. Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.
You represent, warrant and agree that you will comply with the above acceptable use policy.
6. DISCLAIMER OF LIABILITY AND WARRANTIES
Duza, LLC or U. S. Sports Media, inc does its best to ensure the optimal performance of the Websites, you agree that you use this Websites and rely on material contained in these Websites at your own risk.
The Websites owned by Duza, LLC, or U. S. Sports Media, inc, and all materials in these Websites, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that Duza, LLC or U. S. Sports Media, inc DOES NOT WARRANT that the Websites is/are fit for any particular purpose; that the functions contained in the materials in the Websites will be uninterrupted; that defects will be corrected; that the websites is/are free of viruses and other harmful components or that the Websites is/are accurate, error free or reliable.
You acknowledge that Duza, LLC, or U. S. Sports Media, inc, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that Duza, LLC or U. S. Sports Media, inc is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Website, including such conduct or material transmitted by any means by any other person.
You acknowledge that Duza, LLC or U. S. Sports Media, inc is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
7. Third Party Content and Information
Third parties provide some of the Content of the Websites owned by Duza, LLC or U. S. Sports Media, inc. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Web Sites or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. . Third party advertisers may offer goods, services and other materials to you on the Web Sites. Your correspondence and business dealings with others found on or through the Web Sites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that Duza, LLC or U. S. Sports Media, inc will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Websites. Under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content.
Descriptions of, or references to, products, services or publications within the Web Sites do not imply endorsement of that product, service or publication.
8. INDEMNITY
You agree to defend, indemnify and hold harmless Duza, LLC or U. S. Sports Media, inc, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your use of this Website; your failure to use the Website; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
9. TERMINATION
Duza, LLC or U. S. Sports Media, inc reserves the right to immediately terminate your use of, or access to, this Site at any time if Duza, LLC or U. S. Sports Media, inc decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Duza, LLC or U. S. Sports Media, inc considers to be inappropriate or unacceptable.
10. Governing Law
THESE TERMS OF USE AND THE INTERPRETATION OF THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
11. Jurisdiction and Venue
You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of Use and/or the Web Sites. Any controversy or claim arising out of or relating to these Terms of Use and/or the Web Sites shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Florida, in the City of Miami, County of Miami Dade, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You waive the defense of forum non conveniens.
12. Miscellaneous
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Sites and the Content, including, without limitation, those governing your transmission or use of any software or data. These Terms of Use and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Web Sites, the Content and Your Upload Information and supersedes any and all other prior written or oral agreements between them. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect. You agree that these Terms of Use will not be construed against Duza, LLC or U. S. Sports Media by virtue of having drafted these Terms of Use. If any provision of these Terms of Use shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms of Use. No waiver on the part of Duza, LLC or U. S. Sports Media of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized officer of Duza, LLC or U. S. Sports Media.
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