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Terms Of Use

TERMS OF USE

INTRODUCTION

These Terms of Use set forth the rules and conditions that apply to use of SportsNATION by any individual visiting SportsNATION.

DEFINITIONS

"Terms of Use" means the rules and conditions set forth in this document.

"SportsNATION" means the Internet Web site currently hosted at http://www.SportsNATION.me; any other Web sites hosted on the SportsNATION domain; the computing hardware and local network(s) on which the SportsNATION domain resides; and the owners, operators, moderators and other staff who maintain the Web site and its computing environment.

"Visitor" means any individual accessing SportsNATION content.

"User" means any Visitor who has registered a User Account within SportsNATION. Additional capabilities may be conveyed to Users, such as the ability to post messages in SportsNATION Forums or send Private Messages to other SportsNATION Users.

"User Account" means a registration within SportsNATION for the purpose of becoming a User, that is associated with an individual person, entity or e-mail address.

"Guest" means any Visitor who accesses SportsNATION content without becoming a User.

"Forum" means any of the discussion groups within SportsNATION. These are often informally described as "chat rooms" or "message boards."

"Private Message" means SportsNATION's facility for sending messages to individual Users, and to messages sent using this facility.

"Personal Information" includes the name, e-mail address, IP addresses, User Account name, dates and times of access to SportsNATION, and the identification of any content that is accessed within SportsNATION by an individual Visitor.

AGREEMENT WITH TERMS OF USE

By accessing SportsNATION, you signify your assent to these Terms of Use. If you do not assent to these Terms of Use, you have no right or license to access SportsNATION and you should not do so.

COPPA COMPLIANCE

In compliance with the Children’s Online Privacy Protection Act of 1998 (COPPA), SportsNATION does not knowingly allow access to children under the age of 13 without prior verifiable consent from a parent or guardian. SportsNATION also does not knowingly collect, use or distribute personally identifiable information from children under the age of 13 without prior verifiable consent from a parent or guardian.

The User Account registered to a child under the age of 13 is inactive, and remains in that state until verifiable consent from a parent or guardian is received by SportsNATION. The form of such consent will be provided to the Visitor upon registration, along with instructions for submitting such consent to SportsNATION management. The User Account will not be activated until such verifiable consent is received. UNDER NO CIRCUMSTANCES WILL A CHILD UNDER THE AGE OF 13 BE AUTHORIZED TO ACCESS SportsNATION WITHOUT VERIFIABLE CONSENT FROM A PARENT OR GUARDIAN.

Information regarding COPPA may be located online at http://www.coppa.org.

CHANGES TO TERMS OF USE

SportsNATION has the right to change or discontinue any aspect or feature of SportsNATION, including, without limitation, content, hours of availability, and equipment needed for access or use, at any time.

SportsNATION has the right to change or modify these Terms of Use, or any part thereof, or to impose new Terms of Use, including, without limitation, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including posting on SportsNATION Forums. Any use of SportsNATION by Visitor subsequent to such notice shall be deemed to constitute acceptance by Visitor of such changes, modifications or additions.

RIGHT TO TERMINATE

In its sole, exclusive and unlimited discretion, SportsNATION may terminate and/or restrict any User's account, and/or ban the IP address, e-mail address or Internet domain of any Visitor, for any reason, including any violation of these Terms of Use, or for no reason at all.

Once banned, the prohibition against the future use of SportsNATION shall extend to any computer, e-mail address, Internet Service Provider, IP address, or Internet domain with which the individual is associated, either currently or in the future.

In its sole, exclusive and unlimited discretion, SportsNATION may prohibit the registration of any User Account on the basis of its associated e-mail address, Internet domain, IP address, use of any proxy or anonymizer, or the inability of SportsNATION to unambiguously associate a User Account with an individual or entity.

CONDUCT OF VISITOR AND LAWFUL USE

Visitor shall use SportsNATION for lawful purposes only. Visitor shall not post or transmit through SportsNATION.me any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services (including other Web sites), unless SportsNATION has expressly approved such material in advance of its transmission. Any conduct by a Visitor that in SportsNATION's discretion restricts or inhibits SportsNATION's operations, or restricts or inhibits any other Visitor from using or enjoying SportsNATION is expressly prohibited. All of the content appearing on SportsNATION is solely and exclusively for entertainment purposes and shall not be used for any other purpose whatsoever, including any commercial purpose of any kind, and whether or not the copied parts are otherwise protected by intellectual property law.

An individual User shall not create multiple, simultaneous User Accounts without the express consent of SportsNATION.

DOWNLOADING OF INTELLECTUAL PROPERTY

SportsNATION contains copyrighted material, trademarks and other proprietary information. The entire contents of SportsNATION are copyrighted as a collective work/compilation. SportsNATION owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in all of the content original to it. No Visitor may modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the content, in whole or in part. Visitor may download one (1) single copy of the copyrighted material for Visitor's personal, non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of SportsNATION (or the copyright owner(s) if other than SportsNATION). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes, in or deletion of, author attribution, trademark legend, copyright or other proprietary notice shall be made. Visitor acknowledges that Visitor does not acquire any ownership rights by downloading copyrighted material. By using SportsNATION, the Visitor hereby agrees that he or she shall not use SportsNATION for any commercial purpose (whether by copying or any other means) and shall restrict his or her use to entertainment purposes only, such that no part of SportsNATION may be used or copied for any purpose that would promote commercial gain or advantage of the Visitor or any other third party (whether directly or indirectly). Such improper commercial usage of SportsNATION shall constitute a breach of these contractual Terms of Use and actionable misappropriation, entitling SportsNATION to monetary and punitive damages. Impermissible usage of SportsNATION will result in damages to SportsNATION as a violation of this separate and enforceable contract under contract laws, regardless of whether the Visitor’s usage would otherwise be actionable under intellectual property laws.

UPLOADING OF INTELLECTUAL PROPERTY

Visitor shall not upload, post or otherwise make available on SportsNATION any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, respectively, and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of SportsNATION, Visitor automatically grants or warrants that the owner of such material has expressly granted SportsNATION the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology, now known or hereafter developed, for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor's personal use. Visitor hereby grants SportsNATION the right to edit, copy, publish and distribute any material made available on SportsNATION by Visitor.

NO RESPONSIBILITY OR LIABILITY FOR POSTINGS

To the extent that portions of SportsNATION (such as Forums) provide Users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT SportsNATION DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON SportsNATION. SportsNATION neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on SportsNATION by anyone other than owners, operators, moderators and Web site staff of SportsNATION acting in their official capacities. SportsNATION shall in no event have any liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on SportsNATION.

MONITORING OF POSTINGS

SportsNATION reserves the right to monitor all Postings and to edit or remove any which it considers in its sole discretion to be offensive or otherwise in breach of these Terms of Use.

Visitor hereby represents and warrants that (i) Visitor has all necessary rights in and to all Postings Visitor provides and all material they contain; (ii) Visitor's Postings shall not infringe any proprietary or other rights of third parties; (iii) Visitor's Postings shall not contain any viruses or other contaminating or destructive devices or features; (iv) Visitor's Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and (v) Visitor's Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

Visitor hereby authorizes SportsNATION to use, and/or authorizes others to use, all or part of Visitor's Postings in any manner, format, or medium that SportsNATION or such other parties see fit. Visitor shall have no claim or other recourse against SportsNATION for infringement of any proprietary right in Postings.

PRIVACY AND COOPERATION

Visitor acknowledges that Visitor's Personal Information and Private Messages are not private, and may be used by SportsNATION for any internal purpose, including but not limited to systems administration, auditing the use of SportsNATION, and enforcing these Terms of Use.

SportsNATION will cooperate with any government or law enforcement agency, and may release Personal Information or Private Messages to any such agency upon request. SportsNATION will also cooperate with any Internet Service Provider (ISP), and other Web sites, on investigatory matters, and may release Personal Information to these entities on request.

SportsNATION uses third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.networkadvertising.org/managing/opt_out.asp

Except for the foregoing, SportsNATION will not release Personal Information or Private Messages to SportsNATION Visitors, marketers, advertisers, unaffiliated entities or agencies, or to the general public.

SportsNATION may terminate and/or restrict any User's account, and/or ban the IP address, e-mail address or Internet domain of any Visitor, based on Personal Information received from any government or law enforcement agency, ISP, or Web site.

Users shall be responsible for protecting the confidentiality of their passwords, and agree not to allow other persons to access SportsNATION using their User Account.

SportsNATION may maintain private Forums, including but not limited to Forums exclusive to SportsNATION staff. SportsNATION reserves the right to determine who may and may not access such forums, and it shall be a violation of these Terms of Use for any such forums to be accessed by unauthorized persons.

NON-AFFILIATION

SportsNATION is a private entity separate and apart from the National Basketball Association (NBA), Major League Baseball (MLB) and the National Football League (NFL), and is not affiliated with any league, its member teams, or any of its affiliated entities, including any players association.

NO WARRANTIES AND WAIVER OF DAMAGES

Visitor expressly agrees that the use of SportsNATION is at Visitor's own risk. SportsNATION does not warrant that SportsNATION's service will be uninterrupted or error-free; nor does SportsNATION make any warranty as to the results that may be obtained from the use of SportsNATION. SportsNATION is provided on an "as is" basis without warranties of any kind, either expressed or implied. Visitor specifically acknowledges that SportsNATION is not liable for the defamatory, offensive or illegal conduct of other Visitors or third parties, and that the risk of injury or damages from the foregoing rests entirely with Visitor. In no event will SportsNATION be liable for any damages, whether direct, indirect, special, consequential or punitive, arising out of the use of, or inability to use, SportsNATION.

SportsNATION shall not be liable for any third-party claims or losses of any nature, including, without limitation, lost profits, punitive or consequential damages.

THIRD-PARTY ADVERTISING

SportsNATION may contain third-party advertisements linking and/or referencing Web sites and information located worldwide throughout the Internet. SportsNATION has no control over such Web sites and information, and any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of SportsNATION. Neither SportsNATION nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. SportsNATION makes no claims that such Web sites will not contain unintended, adult oriented, or otherwise objectionable content.

Visitors shall not in any way interfere with or in any way inquire about the business relationship between SportsNATION and its third-party advertisers.

ENTIRE AGREEMENT

These Terms of Use, and any operating rules for SportsNATION established by SportsNATION, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.