1. IMPORTANT INFORMATION
2A. ABOUT THE SERVICES MODIFICATION OF TERMS OR SERVICES
We provide you (a “User”) with access to a collection of news and entertainment resources through our network including the Site (the “Service”).
You understand and agree that the Service is provided “AS-IS” and that we assume no responsibility for the timeliness or availability of the Service, nor for deletion or failure to store any user communications or personalization settings.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
2B. Changes to these Terms
3. USER ACTIVITY
Users may freely browse the Site and submit comment on content contained within the Services. You will require to submit your email address when making a comment and you expressly represent and warrant that the email address used is accurate, up to date and belongs only to you.
3A. LICENCE TO USER CONTENT
You understand and agree that any material that you post or submit using the features or services of the Site, or that you submit directly to us, including letters to the editor, articles, photographs, video, drawings, creative suggestions, ideas, notes, concepts, or other materials (“Submissions”) will be non-confidential and non-proprietary. No Submission will be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by us without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby waive and release any claim that our use of a Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas.
By posting or otherwise providing a Submission, you grant us the right to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation. You also understand and agree that we have no obligation to publish or use any Submission in any way, and that we may remove or revised any Submission that has been posted, published, or distributed on or through the Site in its sole discretion.
By providing a Submission, you represent and warrant that your Submission is original to you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity or privacy. You also represent and warrant that your Submissions do not include nudity, partial nudity, or adult content, and are not obscene, defamatory, graphically violent, physically threatening, or intended for any illegal purpose.
3B. YOUR USE OF THE SITE
Your use of the Service is entirely at your own risk.
You warrant and represent that:
You will access and use the Site solely for your own personal, non-commercial use;
You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction.
You will not use the Site in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden, or impair the Site, or in any manner inconsistent with these Terms;
You will not defeat or interfere with any technical, network or security feature of the Site, or attempt to do so;
You will not alter or modify any content or component of the Site, other than content you have submitted to or posted on the Site;
You will not reproduce, duplicate, copy, sell, trade, resell, or exploit, for any commercial purpose, any content, component, or feature of the Site without the prior written permission of us, except for content you have submitted to or posted on the Site, or content which you have the prior written permission of the owner to use;
You will not use the Site to post, transmit, or share material that you did not create or that you do not have permission to post, transmit, or share;
You will not use any automated system, software, or device to generate and send unsolicited communications to or through the Site;
You will not collect or harvest any personally identifiable information, including without limitation account names or email addresses, from the Site, nor use the communication systems provided by the Site for purposes of sending any commercial solicitation;
You will not upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code designed to interfere with the functionality of or obtain any nonpublic information from any computer software or hardware or telecommunications equipment;
You will not use the Site to post, transmit, or share child pornography, and you understand that any use of the Site to publish or transmit child pornography will be reported to law enforcement authorities, together with any identifying information we may have regarding you, and will result in termination of your account;
You will not use the Site to post, transmit, or share material that is (I) defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, harms minors in any way (a minor being a person aged under 18) or which may cause annoyance or inconvenience, graphically violent, physically threatening, or intended for any illegal purpose, and, or (II) contains others’ copyrighted content (such as music, videos, photographs, images etc) trademarks, patents, trade secret or other proprietary information, without first obtaining their consent;
You will not use the Site to promote any product or service on behalf of any person or entity that sells, provides, or offers the product or service; and
You will not harass or intimidate any other user of the Site.
4. OUR RIGHT TO REMOVE CONTENT
5. REFUSAL OR DISCONTINUANCE OF SERVICE
You understand and agree that we may, in our sole discretion and at any time, for any reason, terminate or suspend your use of the Site, or prohibit you from accessing the Site, in whole or in part. You understand and agree that we may take any one or more of these actions without prior notice to you. Should we take any of these actions, we may, in our sole discretion, immediately deactivate and/or delete any or all information about and concerning you, your posts and submissions. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities.
6. OTHER SITES AND SERVICES
Where any of our sites contain links to other sites and resources provided by third parties (“Third Party Sites”), these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
In addition to third party links, the Site may feature advertisements, software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision such content is not an endorsement of any information, product or service that is offered on or through any Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. If you leave the Site and access any Third Party Sites, or if you use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You hereby expressly agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third Party Sites.
YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
7. DISCLAIMER OF WARRANTIES
We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site.
The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. We assume no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. We are not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site.
You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Post or Submission. We retain the right to create limits on use and storage at our sole discretion, at any time, with or without notice.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. THE SITE AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES 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.
WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (VI) OR THAT THIS SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USE AT YOUR OWN DISC RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
THE SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
8. LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, WE AND OUR PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM THE SITE, ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SITE, OR YOUR USE OF THE SITE, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (COLLECTIVELY, THE “RELEASED MATTERS”). TO THE EXTENT THAT, DESPITE THIS RELEASE, ANY LIABILITY MAY BE IMPOSED ON THE RELEASED PARTIES, THEIR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO A MAXIMUM OF $100.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You waive any and all rights you have or may have under California Civil Code Section 1542, and any similar provision of law, with respect to the Released Matters. You acknowledge that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend to release fully, finally and forever all Released Matters. You agree that the releases set forth in the TOS will remain in effect notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
9. RESTRICTIONS ON EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. INTELLECTUAL PROPERTY RIGHTS
10A. OUR PROPRIETARY RIGHTS
10B. THIRD PARTY PROPRIETARY RIGHTS
We have in place procedures for handling claims that content displayed on any of our Group Companies sites infringes a third party’s copyright. Pursuant to the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), notifications of claimed copyright infringement under United States copyright law should be sent to our Designated Agent specified in the Notice and Procedure for Making Claims of Copyright Infringement. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. CONCERNS OR COMPLAINTS
Please report any violations of the Terms by any user to our support team info[at]sportdailytimes.com
14. ENTIRE AGREEMENT, GOVERNING LAW AND CLASS ACTION WAIVER
14A. ENTIRE AGREEMENT
14B. JURISDICTION AND APPLICABLE LAW
14C. CLASS ACTION WAIVER
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
14D. Consumer Rights Information—California Residents Only.
This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
ADD COMPANY NAME
15. NO WAIVER
No modification or amendment to nor waiver of any part of this Agreement shall be of any force or effect unless formally posted by us as part of these Terms, or made in writing and signed by a duly authorized officer of ours.
If any provision of these Terms is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.
17. ENTIRE AGREEMENT