(a) Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on this Site or in commercially produced information presented to you through the Site by SlamBall or SlamBall’s third party licensors (“Content”) is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized herein or in writing by SlamBall. These Terms do not transfer any right, title, or interest in the Site or the Content to you, and SlamBall and its third party licensors retain all of its and their respective right, title and interest to the Site and Content.(b) Except as provided in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of SlamBall. Requests for such permission should be made to email@example.com. You may without our permission: (a) Download, view and print Content, but only if:
1) the Content is used solely for personal, informational, or internal business purposes;
2) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
3) all copyright, trademark and other proprietary rights notices included in the Content as presented at the Site appear on all copies;
4) the Content is not modified or altered in any way; and
5) no graphics are used separately from accompanying text.(b) Link or hyper-link to the home page of the Site from any Qualified Site, but only if:
1) you notify us by email at firstname.lastname@example.org specifying the URL of each page from which you will be linking to our home page;
2) you do not frame the Site or any portion of the Site;
3) you do not deep link into the Site (i.e., you do not link into any page other than the home page);
4) the link or hyper-link to the Site is not used in a way that suggests that SlamBall endorses you or your web site;
5) the link is identified using a plain text rendering of the SlamBall name and not any trademark or logo of SlamBall;
6) the link or hyper-link to the Site is not used or presented in any way that disparages SlamBall or tarnishes, blurs, or dilutes the quality of its or their names or trademarks or any associated goodwill;
7) the link or hyper-link to the Site is not displayed on any web page that displays Objectionable content or links; and
8) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.“Qualified Site” means a web site that displays no Objectionable content, is not owned or controlled by a competitor to SlamBall and the content of which is not competitive to the Site.“Objectionable” means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that: (a) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (b) a reasonable person would consider harassing, abusive, threatening, obscene or excessively violent, or (c) constitutes a breach of any person’s privacy or publicity rights, hate speech or an infringement of any third party’s intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (d) violates or encourages other to violate any applicable law.
3. You may not under any circumstance:
• Send unsolicited commercial email to the email addresses provided on the Site (spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited);
• Delete, modify or attempt to change or alter any of the Content on the Site;
• Use any device, software or routine that interferes with the proper functioning of the Site or take any other action that interferes with other parties’ use of the Site;
• Use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations;
• Use any “robot”, “spider” or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
• Use any SlamBall names or trademarks as metatags or hidden text.
4. Use of Interactive Components of Site
The Site may contain message boards, blogs, forums, chat rooms, and/or other interactive functions (collectively, “Site Forums“). The functionality of the Site may allow you to provide content (including, without limitation, text or photographs, video or other graphics), e-mail communications or other information that is to be posted on or through the Site (collectively, as provided by any user “Forum Information”). You acknowledge that (i) SlamBall does not necessarily pre-screen Forum Information; (ii) SlamBall does not endorse or adopt (and has not necessarily reviewed) any Forum Information nor assumes any responsibility for any material therein; and (iii) SlamBall shall have the right (but not the obligation) in its sole discretion to refuse or remove any Forum Information on the Site and to edit or delete any Objectionable material. If you believe that SlamBall has acted mistakenly with respect to certain Forum Information or other content, you may contact us at email@example.com, in which case we may investigate the matter further. We reserve the right, however, to take no further action.
In the event that you post or make accessible communications or other materials that infringe the copyrights of a third party, SlamBall shall terminate your access to the Site in accordance with SlamBall’s copyright infringement policy as set forth below. If you believe that Forum Information remains on the Site that violates your rights, your sole remedy shall be against the person responsible for posting or storing it, not against us.
Please note that SlamBall does not accept unsolicited ideas, proposals or similar materials (“Unsolicited Materials“). SlamBall is not responsible for the similarity of any of our content or any other materials to any Unsolicited Materials transmitted to us. Should you send any Unsolicited Materials, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against SlamBall or its affiliates regarding the use of such Unsolicited Materials. The purpose of this policy is to avoid potential misunderstandings or disputes when SlamBall’s materials might seem similar to ideas submitted to it.
Certain product, service, or company designations for companies other than SlamBall may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where SlamBall is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.
7. Modifications To Terms
SlamBall may change these Terms from time to time. Your continued use of this Site following the posting of any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.
8. Termination of Site/Modifications To Site
SlamBall reserves the right to modify or terminate these Terms or your access to the Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Sections 1, and 3-18 of these Terms shall survive any termination of these Terms or your right to access to the Site. You acknowledge and agree that SlamBall will not be liable to you or any third party in the event that SlamBall exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms.
9. Privacy; Passwords
10. Other Sites, Content, Products and Services
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SLAMBALL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SLAMBALL MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
12. Limitation of Liability
IN NO EVENT SHALL SLAMBALL OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF SUCH PARTY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless SlamBall, its affiliates, shareholders, directors, officers, employees, contractors and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with (a) your use of or access to the Site or the Content or your linking to or emailing the Site, (b) the violation of these Terms by you, (c) the infringement by you, or any other person using your passwords or account, of any intellectual property or other right of any person or entity, or (d) your submission of any material to SlamBall or the Site or from any person’s use of any account or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.
In the event that you have a dispute with one or more users, you release SlamBall (and our officers, directors, agents, contractors, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
14. Dispute Resolution
Any dispute arising out of or in connection with these Terms or your use of any Content or this Site or your access to or links to this Site, shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in New York City, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent (a) to the non-exclusive jurisdiction of the State and Federal Courts located within New York City for any action (i) to compel arbitration, (ii) to enforce the award of the arbitrators or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies and (b) to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing 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 the complaining party;
(e) A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
18. Contact Information
If you have any questions regarding these Terms or the Site, please contact SlamBall at firstname.lastname@example.org.
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