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Terms of Use ACCEPTANCE OF TERMS
Find Sports Now, Corp. (referred to hereafter as "FindSportsNow")
provides a collection of online resources, including listings,
advertisements, 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 FindSportsNow's
services, you agree to follow any applicable posted guidelines for all
FindSportsNow 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
FindSportsNow 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/terms 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 FindSportsNow 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 FindSportsNow. FindSportsNow 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 FindSportsNow 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 FindSportsNow does not pre-screen or
approve Content, but that FindSportsNow 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 FindSportsNow, 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 FindSportsNow 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 FindSportsNow is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release FindSportsNow, 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 FindSportsNow's
agent for notice of claims of copyright or other intellectual property
infringement ("Agent"), at: Please provide our Agent with the following Notice:
PRIVACY AND INFORMATION DISCLOSURE
FindSportsNow 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/privacyYour use of the FindSportsNow.com website or the Technology signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that FindSportsNow 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 FindSportsNow, its users or the general public. CONDUCT
You agree not to post, email, or otherwise make available Content:
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 FindSportsNow's resources, you may not use a
Posting Agent to post Content to the Technology without express
permission or license from FindSportsNow. 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 FindSportsNow. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements
to FindSportsNow email addresses or through FindSportsNow 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 FindSportsNow 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 ADVERTISEMENTS
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. You are solely
responsible for all:
You may cancel advertising online through your account if online cancellation functionality is available, or, if not available, with prior written notice to FindSportsNow, including without limitation electronic mail. Cancelled ads may be published despite cancellation if cancellation of those ads occurs after any applicable commitment date as set forth in advance by the Partner or FindSportsNow, in which case you must pay for those ads. You shall not, and shall not authorize any party to:
To the fullest extent permitted by law, FINDSPORTSNOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. To the fullest extent permitted by law, FindSportsNow disclaims all guarantees regarding positioning, levels, quality, or timing of: (i) costs per click; (ii) click through rates; (iii) availability and delivery of any impressions, Creative, on any Partner Property, FindSportsNow Property, or section thereof; (iv) clicks; (v) conversions or other results for any ads; (vi) the accuracy of Partner data (e.g. reach, size of audience, demographics or other purported characteristics of audience); and (vii) the adjacency or placement of ads. You understand that third parties may generate impressions or clicks on your ads for prohibited or improper purposes, and you accept the risk of any such impressions and clicks. Your exclusive remedy, and FindSportsNow's exclusive liability, for suspected invalid impressions or clicks is for you to make a claim for a refund in the form of advertising credits within the time period required. Any refunds for suspected invalid impressions or clicks are within FindSportsNow's sole discretion. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER'S BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO FINDSPORTSNOW BY CUSTOMER FOR THE AD GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to acts of God, government, terrorism, natural disaster, labor conditions and power failures. You shall be responsible for all charges set in your online account, and shall pay all charges in U.S. Dollars or in such other currency as agreed to in writing by the parties. Unless agreed to by the parties in writing, you shall pay all charges online in accordance with the Technology. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. Your are responsible for paying all taxes, government charges, and reasonable expenses and attorneys fees FindSportsNow incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges (including without limitation any claims for charges based on suspected invalid clicks) unless claimed within 60 days after the click. To the fullest extent permitted by law, refunds (if any) are at the discretion of FindSportsNow and only in the form of FindSportsNow advertising credit. Nothing in these Terms of Use may obligate FindSportsNow to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to FindSportsNow may be shared by FindSportsNow with companies who work on FindSportsNow's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to FindSportsNow and servicing your account. FindSportsNow may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. FindSportsNow shall not be liable for any use or disclosure of such information by such third parties. LIMITATIONS ON SERVICE
You acknowledge that FindSportsNow 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 FindSportsNow has no responsibility or
liability for the deletion or failure to store any Content maintained
or transmitted by the Technology. You acknowledge that FindSportsNow
reserves the right at any time to modify or discontinue the Technology
(or any part thereof) with or without notice, and that FindSportsNow
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Technology.ACCESS TO THE TECHNOLOGY
FindSportsNow 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 FindSportsNow. 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. FindSportsNow 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 commercial, 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 FindSportsNow to do so. You may also create a hyperlink to the home page of FindSportsNow.com so long as the link does not portray FindSportsNow, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. FindSportsNow offers various parts of the Technology in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. FindSportsNow permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Technology and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'FindSportsNow' as the source, (d) your use or display does not suggest that FindSportsNow promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden FindSportsNow's systems. FindSportsNow reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Technology beyond the scope of authorized access granted to you by FindSportsNow 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 FindSportsNow. TERMINATION OF SERVICE
You agree that FindSportsNow, 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 FindSportsNow believes
that you have acted inconsistently with the letter or spirit of the
Terms of Use. Further, you agree that FindSportsNow 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 FindSportsNow. You
further agree not to reproduce, duplicate or copy Content from the
Technology without the express written consent of FindSportsNow, 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. FindSportsNow is a registered
mark in the U.S. Patent and Trademark Office. Although FindSportsNow 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 FindSportsNow 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 FindSportsNow 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 FINDSPORTSNOW SITE AND THE TECHNOLOGY IS
ENTIRELY AT YOUR OWN RISK. THE FINDSPORTSNOW 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, FINDSPORTSNOW DISCLAIMS ANY
WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND
PERFORMANCE OF THE FINDSPORTSNOW SITE AND THE TECHNOLOGY. TO THE
FULLEST EXTENT PERMITTED BY LAW, FINDSPORTSNOW DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE FINDSPORTSNOW SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH
ANY LINKS ON THE FINDSPORTSNOW SITE. TO THE FULLEST EXTENT PERMITTED
BY LAW, FINDSPORTSNOW DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER
HARMFUL COMPONENTS IN CONNECTION WITH THE FINDSPORTSNOW 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 FINDSPORTSNOW BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
(EVEN IF FINDSPORTSNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FINDSPORTSNOW
SITE OR THE TECHNOLOGY, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF THE FINDSPORTSNOW SITE OR THE TECHNOLOGY, FROM INABILITY TO USE THE
FINDSPORTSNOW SITE OR THE TECHNOLOGY, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE FINDSPORTSNOW 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 FINDSPORTSNOW SITE OR THE
TECHNOLOGY OR ANY LINKS ON THE FINDSPORTSNOW SITE, AS WELL AS BY
REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE FINDSPORTSNOW SITE OR THE TECHNOLOGY OR ANY LINKS
ON THE FINDSPORTSNOW 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 FindSportsNow, 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
FindSportsNow and govern your use of the Technology, superseding any
prior agreements between you and FindSportsNow. The Terms of Use and
the relationship between you and FindSportsNow shall be governed by
the laws of the State of California without regard to its conflict of
law provisions. You and FindSportsNow agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of
San Diego, California. The failure of FindSportsNow 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 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 FindSportsNow to pursue legal action to enforce the Terms of Use, you will be liable to pay FindSportsNow the following amounts as liquidated damages, which you accept as reasonable estimates of FindSportsNows' damages for the specified breaches of the Terms of Use:
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