Sports Court Media TM
Use of the SCM Sites is limited to users aged 18 years and above.
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.
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
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.
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.
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.