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Disclaimers


Sports Court Media TM

Description of Sports Court Media Sports and Acceptance of Terms of Use, Submissions to Sports Court Media,  Disclaimers and Privacy Policy

Sports Court Media (“SCM”) has developed this Terms of Use to describe the terms that govern your use of the SCM Sites (defined below). This Terms of Use applies to the sports-related websites, mobile sites, applications (“apps”), widgets, and other content and services that are linked to this Terms of Use (collectively, the “SCM Sites”).

Your access to and use of certain SCM Sites, like premium subscription services, fantasy games and sweepstakes or other features or activities, may require you to accept additional terms and conditions applicable to such SCM Sites, including an future modifications (collectively, “Additional Terms”), in addition to the terms and conditions provided in this Terms of Use, and may require you to download Software or Content (each as defined below). The Additional Terms are made a part of this Terms of Use by this reference. These Additional Terms are posted in connection with the applicable SCM Site. In the event of a conflict, the additional prevail over this Terms of Use with respect to your use of that specific SCM Service.

Use of the SCM Sites is limited to users aged 18 years and above.

By using any SCM Site (whether or not you have an SCM account or subscription) or by clicking a box that states that you accept and agree to this Terms of Use, you signify your agreement to be bound by this Terms of Use, including any future modifications, and any Additional Terms and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read through this Terms of Use carefully. If you do not agree to be bound by this Terms of Use and to abide by all Applicable Law, you may not use the SCM Sites and must discontinue use of the SCM Sites immediately. SCM may modify the Terms of Use at any time, and each such modification will be effective upon posting on or to the SCM Service. All material modifications will apply prospectively only. Your continued use of the SCM Site following any such modification constitutes your acceptance and agreement to be bound by the Terms of Use as so modified. It is therefore important that you review the Terms of Use regularly. SCM may also use third-party service providers, such as vendors, contractors, agents or sponsors, to operate, develop or help us manage and provide the SCM Sites.

SCM Content

The SCM Sites contain information, text, files, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of SCM and its SCM Affiliates (“SCM Content”). SCM Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and SCM, SCM owns and retains all rights in the SCM Content and SCM Sites. SCM hereby grants you a limited, revocable, nonsublicensable license to access and display the SCM Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing and using the SCM Sites. The SCM Sites may also contain Content of users and other SCM licensors. Except as provided in this Terms of Use or as explicitly allowed in the Additional Terms on the applicable SCM Site, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the SCM Sites.

Except as explicitly and expressly permitted by SCM, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the SCM Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the SCM Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the SCM Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by SCM. You may not build a business utilizing the Content, whether or not for profit.

Your Use of the SCM Site(s)

The SCM Sites are offered for your entertainment and personal use only and may not be used for commercial purposes unless specifically endorsed or authorized in writing by SCM. SCM reserves the right to remove commercial content in its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the SCM Sites (collectively, “User Content”). Accordingly, please choose carefully the information that you post on, through or in connection with the SCM Sites. You understand that SCM does not control the User Content posted by users via the SCM Sites and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable User Content. SCM assumes no responsibility or liability for this type of User Content. If you become aware of misuse of SCM Sites, please report this immediately to the applicable SCM Site.

SCM assumes no responsibility for monitoring the SCM Sites for inappropriate Content or conduct. If at any time, SCM chooses in its sole discretion to monitor the SCM Sites, SCM nonetheless assumes no responsibility for Content other than SCM Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user or visitor.

You agree not to use the SCM Sites to:

  • Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
  • Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
  • Harass or harm another person;
  • Exploit or endanger a minor;
  • Impersonate or attempt to impersonate any person or entity;
  • Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the SCM Sites, including SCM’s servers, networks or accounts;
  • Cover, remove, disable, block or obscure advertisements or other portions of the SCM Sites;
  • Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the SCM Sites, or to circumvent or modify any security technology or software that is part of the SCM Sites;
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the SCM Sites. If you do so, you acknowledge you will have caused substantial harm to SCM, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay SCM $50 for each actual or intended recipient of such communication;
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Post, upload or otherwise transmit an image or video of another person without that person’s consent;
  • Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without SCM’s prior written consent;
  • Use the SCM Sites to advertise or promote competing services;
  • Use the SCM Sites in a manner inconsistent with any and all Applicable Law;
  • Attempt, facilitate or encourage others to do any of the foregoing.

SCM reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates the Terms of Use, as determined by SCM in its sole discretion. You acknowledge SCM reserves the right to investigate and take appropriate legal action against anyone who, in SCM’s sole discretion, violates the Terms of Use, including but not limited to, terminating their SCM account, subscription and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that SCM may access, preserve or disclose information we have collected about you, including registration information and User Content, when SCM has a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend the legal rights or property of SCM, SCM Affiliates, or their employees, agents and contractors (including enforcement of our Terms of Use); (ii) protect the safety and security of users or visitors of the SCM Sites or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) comply with our internal security policies and practices.

SUBMISSIONS TO SPORTS COURT MEDIA:

We Have All Rights In Our Site(s) and Content; You Grant Us Certain Rights When You Submit Content to Us without any compensation due you:
(a) Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.

(b) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to Sports Court Media we may authorize such content to be distributed or syndicated to or published on other Sports Court Media-branded environments.

(d) All aforementioned content submissions are given without to Sports Court Media and any related sites without any compensation financial or otherwise and none is expected from any submitter.

 

Message Boards and Public Forums

SCM may offer users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all members of SCM Sites, or to a select group of SCM Site members. You acknowledge that messages posted on such Forums are public, and SCM cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. SCM is not responsible for the User Content or accuracy of any User Content or information posted on a Forum, and shall not be responsible for any decisions made based on such User Content. SCM reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time, without any notice to you. We ask you not to disclose, any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the SCM Sites, including the SCM Forums or otherwise.

Third-Party Links and Services

The SCM Sites may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (collectively, “Third-Party Services”). When you engage with a Third-Party Service, you are interacting with the third party, not with SCM. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service’s privacy policy and your privacy settings on such Third-Party Service. In addition, the third party providing the Third-Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. SCM is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the SCM Sites does not imply approval or endorsement of the Third-Party Service. SCM is not responsible for the content or practices of any websites other than the SCM Sites that link to this Terms of Use, even if the website links to the SCM Service and even if it is operated by a SCM Affiliate or a company otherwise connected with SCM. By using the SCM Sites, you acknowledge and agree that SCM is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than SCM Sites. When you access Third-Party Services, you do so at your own risk. SCM encourages you not to provide any personally identifiable information to any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to any SCM Site, you must contact the applicable SCM Site at contact@sportscourtmedia.com before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of SCM, including its respective employees, agents, directors, officers or shareholders.

Member Disputes

You are solely responsible for your interactions with other SCM users and visitors, providers of Third-Party Services or any other parties with whom you interact on, through or in connection with the SCM Sites. SCM reserves the right, but has no obligation, to become involved in any way with these disputes.

Disclaimers

The SCM Sites, including, without limitation, all SCM Site Products, are provided “AS-IS” and “as available” and SCM does not guarantee or promise any specific results from use of the SCM Sites. SCM expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, SCM makes no warranty that your use of the SCM Sites will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the SCM Sites or Third-Party Services (including but not limited to, through User Content or third-party advertisements) will be accurate or reliable. Under no circumstances will SCM be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the SCM Sites, problems or technical malfunction in connection with use of the SCM Sites, attendance at an SCM event, viewing any SCM programming, any material downloaded or otherwise obtained in connection with the SCM Sites, subscriptions, products, any User Content, third-party advertisement or Third-Party Service posted on, through or in connection with the SCM Sites, or the conduct of any visitors to or users of the SCM Sites, whether online or offline. Your use of User Content, third-party advertisements, Third-Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third-party advertisements and Third-Party Services do not necessarily reflect the opinions or policies of SCM or SCM Affiliates.

Limitation on Liability

IN NO EVENT WILL SCM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE SERVICES, EVEN IF SCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SCM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (i) TWENTY-FIVE DOLLARS ($25.00); or (ii) THE AMOUNT PAID, IF ANY, BY YOU TO SCM FOR THE SCM SERVICES DURING THE TERM OF YOUR USE OF THE SCM SERVICES.

U.S. Export Controls

Software available in connection with the SCM Sites (the “Software”) is further subject to United States export controls. No Software may be downloaded from the SCM Sites or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Disputes

The Terms of Use will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and SCM agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any dispute arising out of the Terms of Use or the Site Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS TERMS OF USE.

Indemnity

You agree to indemnify and hold SCM, its SCM Affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the SCM Sites, your breach of this Terms of Use, your violation of any rights of another or any User Content that you post or otherwise submit on, through or in connection with the SCM Sites.

Unsolicited Submissions

SCM does not knowingly accept, via the SCM Sites or otherwise, unsolicited submissions (except for a specific invited guest blogger or a fan-based blog posts  submissions as specified on the site which may include text, videos, photographs, audio or otherwise), including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. SCM’s policy is to simply delete any such submission without reading it or forwarding it to other SCM staff or staff of its SCM Affiliates. Therefore, any similarity between an unsolicited submission and any elements in any SCM or SCM Affiliates creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to SCM via the SCM Sites (including but not limited to any public forum or message board), however, such submissions and copyright become the property of SCM and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as SCM sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against SCM or SCM Affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Other

The failure of SCM to exercise or enforce any right or provision of this Terms of Use will not operate as a waiver of such right or provision. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect. This Terms of Use operates to the fullest extent permissible by law. If any provision of this Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from this Terms of Use and does not affect the validity and enforceability of any remaining provisions.

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