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Terms of Use
ACCEPTANCE OF TERMS
Find Sports Now, Corp. (referred to hereafter as "Find Sports Now") provides a collection of online resources, including listings and sports descriptions (referred to hereafter as "the Technology") subject to the following Terms of Use ("Terms of Use"). By using the Technology in any way, you are agreeing to comply with these Terms of Use. Also, whenever using any of Find Sports Now's services, you agree to follow any applicable posted guidelines for all Find Sports Now services, which may change. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with Find Sports Now in any way, your only recourse is to immediately discontinue use of FindSportsNow.com. MODIFICATIONS TO THIS AGREEMENT We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any point in time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself aware of any changes. You can find the most recent version of these Terms of Use at: http://www.FindSportsNow.com/content/terms.php CONTENT You understand that all postings, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Technology, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Technology. You understand that Find Sports Now does not control, and is not responsible for Content made available through the Technology, and that by using the Technology, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the FindSportsNow.com site and Content available through the Technology may contain links to other websites, which are completely independent of Find Sports Now. Find Sports Now makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Find Sports Now be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Technology. You acknowledge that Find Sports Now does not pre-screen or approve Content, but that Find Sports Now shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Technology, for violating the letter or spirit of the Terms of Use or for any other reason. THIRD PARTY CONTENT, SITES, AND SERVICES The FindSportsNow.com site and Content available through the Technology may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Find Sports Now, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Technology, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Find Sports Now shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Find Sports Now is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Find Sports Now, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." NOTIFICATION OF CLAIMS OF INFRINGEMENT If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Find Sports Now's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at: Please provide our Agent with the following Notice: a) Identify the material on the FindSportsNow.com site that you claim is infringing, with enough detail so that we may locate it on the website; b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature. Find Sports Now will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA). PRIVACY AND INFORMATION DISCLOSURE Find Sports Now has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.FindSportsNow.com/content/privacy.php Your use of the FindSportsNow.com website or the Technology signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Find Sports Now may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Find Sports Now, its users or the general public. CONDUCT You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that is a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); e) that impersonates any person or entity, including, but not limited to, a Find Sports Now employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); f) that includes personal or identifying information about another person without that person's explicit consent; g) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; i) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; j) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Find Sports Now sites which are not designated for such purposes; or emailed to Find Sports Now users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. k) that includes links to commercial services or web sites, except as allowed in "services"; l) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law. m) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; n) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Technology, or that otherwise negatively affects other users' ability to use the Technology; or o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Technology. Additionally, you agree not to: p) contact anyone who has asked not to be contacted; q) "stalk" or otherwise harass anyone; r) collect personal data about other users for commercial or unlawful purposes; s) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Technology - unless expressly permitted by Find Sports Now; t) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; u) attempt to gain unauthorized access to Find Sports Now's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Technology or the FindSportsNow.com website; or v) use any form of automated device or computer program that enables the submission of postings on FindSportsNow.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. POSTING AGENTS A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Technology on behalf of others. To moderate demands on Find Sports Now's resources, you may not use a Posting Agent to post Content to the Technology without express permission or license from Find Sports Now. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Technology to facilitate posting Content on behalf of others, except with express permission or license from Find Sports Now. NO SPAM POLICY You understand and agree that sending unsolicited email advertisements to Find Sports Now email addresses or through Find Sports Now computer systems, which is expressly prohibited by these Terms of Use, will use or cause to be used servers located in California. Any unauthorized use of Find Sports Now computer systems is a violation of the Terms of Use and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties. PAID POSTINGS We may charge a fee to post Content in some areas of the Technology. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Technology is responsible for said Content and compliance with the Terms of Use. All fees paid will be non-refundable in the event that Content is removed from the Technology for violating the Terms of Use. LIMITATIONS ON SERVICE You acknowledge that Find Sports Now may establish limits concerning use of the Technology, including the maximum number of days that Content will be retained by the Technology, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Technology, and the frequency with which you may access the Technology. You agree that Find Sports Now has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Technology. You acknowledge that Find Sports Now reserves the right at any time to modify or discontinue the Technology (or any part thereof) with or without notice, and that Find Sports Now shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Technology. ACCESS TO THE TECHNOLOGY Find Sports Now grants you a limited, revocable, nonexclusive license to access the Technology for your own personal use. This license does not include: (a) access to the Technology by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Technology nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Find Sports Now. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Technology, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services. Find Sports Now permits you to display on your website, or create a hyperlink on your website to, individual listings on the Technology so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the Terms of Use, absent express permission granted by Find Sports Now to do so. You may also create a hyperlink to the home page of FindSportsNow.com so long as the link does not portray Find Sports Now, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Use of the Technology beyond the scope of authorized access granted to you by Find Sports Now immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Technology or any Content made available via the Technology for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Find Sports Now. TERMINATION OF SERVICE You agree that Find Sports Now, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Technology (or any part thereof), immediately and without notice, and remove and discard any Content within the Technology, for any reason, including, without limitation, if Find Sports Now believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Find Sports Now shall not be liable to you or any third-party for any termination of your access to the Technology. Further, you agree not to attempt to use the Technology after said termination. Sections 2, 4, 6 and 12-18 shall survive termination of the Terms of Use. PROPRIETARY RIGHTS The Technology is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Technology is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Find Sports Now. You further agree not to reproduce, duplicate or copy Content from the Technology without the express written consent of Find Sports Now, and agree to abide by any and all copyright notices displayed on the Technology. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Technology. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Technology. Find Sports Now is a registered mark in the U.S. Patent and Trademark Office. Although Find Sports Now does not claim ownership of content that its users post, by posting Content to any public area of the Technology, you automatically grant, and you represent and warrant that you have the right to grant, to Find Sports Now an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Technology, you automatically grant Find Sports Now all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Technology by any party for any purpose. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE FIND SPORTS NOW SITE AND THE TECHNOLOGU IS ENTIRELY AT YOUR OWN RISK. THE FIND SPORTS NOW SITE AND THE TECHNOLOGY ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FIND SPORTS NOW DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FIND SPORTS NOW SITE AND THE TECHNOLOGY. TO THE FULLEST EXTENT PERMITTED BY LAW, FIND SPORTS NOW DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FIND SPORTS NOW SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE FIND SPORTS NOW SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FIND SPORTS NOW DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FIND SPORTS NOW SITE OR THE TECHNOLOGY. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL FIND SPORTS NOW BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FIND SPORTS NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FIND SPORTS NOW SITE OR THE TECHNOLOGY, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FIND SPORTS NOW SITE OR THE TECHNOLOGY, FROM INABILITY TO USE THE FIND SPORTS NOW SITE OR THE TECHNOLOGY, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FIND SPORTS NOW SITE OR THE TECHNOLOGY. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FIND SPORTS NOW SITE OR THE TECHNOLOGY OR ANY LINKS ON THE FIND SPORTS NOW SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FIND SPORTS NOW SITE OR THE TECHNOLOGY OR ANY LINKS ON THE FIND SPORTS NOW SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. INDEMNITY You agree to indemnify and hold Find Sports Now, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Technology, your use of the Technology, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another. GENERAL INFORMATION The Terms of Use constitute the entire agreement between you and Find Sports Now and govern your use of the Technology, superseding any prior agreements between you and Find Sports Now. The Terms of Use and the relationship between you and Find Sports Now shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Find Sports Now agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Find Sports Now to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 of Use 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 Technology or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please report any violations of the Terms of Use, by flagging the posting(s) for review, or by emailing to: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Find Sports Now to pursue legal action to enforce the Terms of Use, you will be liable to pay Find Sports Now the following amounts as liquidated damages, which you accept as reasonable estimates of Find Sports Nows' damages for the specified breaches of the Terms of Use: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Find Sports Now one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures. b. If Find Sports Now establishes limits on the frequency with which you may access the Technology, or terminates your access to or use of the Technology, you agree to pay Find Sports Now one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Find Sports Now in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to Find Sports Now email addresses or through Find Sports Now computer systems, you agree to pay Find Sports Now twenty five dollars ($25) for each such email. d. If you post Content in violation of the Terms of Use, other than as described above, you agree to pay Find Sports Now one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Find Sports Now may elect to issue a warning before assessing damages. e. If you are a Posting Agent that uses the Technology in violation of the Terms of Use, in addition to any liquidated damages under clause (d), you agree to pay Find Sports Now one hundred dollars ($100) for each and every Item of Conent posted in violation of the Terms of Use. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Technology (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the Terms of Use) agrees to pay Find Sports Now an additional one hundred dollars ($100) for each Item of Conent posted by the Posting Agent on behalf of the principal in violation of the Terms of Use. f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the Terms of Use without Find Sports Now's express written permission, you agree to pay Find Sports Now three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay Find Sports Now's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the Terms of Use, Find Sports Now retains the right to seek the remedy of specific performance of any term contained in the Terms of Use, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the Terms of Use, or any combination thereof. |