Last Updated: April 30, 2013
Welcome to SportsFan.me! In order for us to present our videos, photos, commentary and additional sports related content, it is important that we incorporate certain legal guidelines and rules to make sure everyone’s rights are respected and that we are doing what we can to protect content owners’ rights and your personal privacy.
5. Content and Use.
6. Proprietary Rights.
- SportsFan.me owns, solely and exclusively, all right, title and interest in and to the Site and all content (other than the User Postings as described in Section 9(D) below) contained and/or made available on, through or in connection therewith (the “Content”), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term “Content” includes, without limitation, all video (and the sound recordings embodied therein), artwork, photographs, illustrations, graphics, logos, copy, lyrics, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Site, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Site). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Site” includes “Content” as well.
- Except as explicitly provided herein, you may not use SportsFan.me’s name, trademarks, service marks or any other IP Right of SportsFan.me in any manner whatsoever to suggest association or affiliation with or endorsement by SportsFan.me without the express prior written consent of SportsFan.me, which SportsFan.me may withhold at its sole discretion.
- The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Site, including, without limitation, notices on any Content you transmit, display, print, stream or reproduce from the Site. Except as expressly authorized by SportsFan.me (e.g., Site Services that allow for the use of embeddable or viral features, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of SportsFan.me or its owner if SportsFan.me is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce such rights to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Site contains elements that infringe your copyrights, please follow the procedures set forth in Section 7 below.
7. Digital Millennium Copyright Act.
If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following Designated Agent: SportsFan.me Copyright Agent, 492-C CEDAR LANE,
Teaneck, NJ 07666.
Email Address of Designated Agent: copyright@SportsFan.me.com
For clarity, only DMCA notices should be sent to the Designated Agent and any other feedback, comments, requests for technical support, and other communications should be directed to SportsFan.me customer service by sending an email to feedback@SportsFan.me You acknowledge and agree that if you fail to comply with all of the requirements of this Section 7, your DMCA notice may not be valid.
We reserve the right to remove any and all content that we reasonably perceive to infringe another’s copyrights. However, if you believe that your content which was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to SportsFan.me for use on the Site, you may send a counter-notice containing the following information to our Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, SportsFan.me may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SportsFan.me’s sole discretion.
Please note that you may be liable for damages (including attorneys' fees and other costs) if you materially misrepresent a claim that content is infringing upon your copyright. Thus, if you are not sure if material available on the Site infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any claim. We do not and cannot provide any legal guidance regarding the merits of any copyright-related claim or dispute.
8. Personal Information.
9. User Postings.
- The Site may provide you and other Users with an opportunity to participate in blogs, web communities and other message, comment and communication features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available photographs, graphics, comments, reviews, links, materials, ideas, opinions, messages and other information via the Site (each, a “User Posting”, and collectively, “User Postings”). When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User ID, a descriptive title, information about the User Posting, your location and/or similar information. By submitting User Postings, you acknowledge and agree that the term “User Posting” also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your User Posting.
- You understand, acknowledge and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit or otherwise make available. User Postings do not reflect the views of SportsFan.me and you understand that by using the Site, you may be exposed to other people’s User Postings that could be offensive, indecent or objectionable, and as such, SportsFan.me does not guarantee the accuracy, integrity, quality or content of any User Postings. Under no circumstances shall SportsFan.me be held liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available
- You acknowledge that other persons may have submitted User Postings to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your User Postings or concepts contained therein, and you understand and agree that you shall not be entitled to any compensation because of the use or exploitation thereof and the submission of User Postings, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, sound recording, composition, demo, idea, script, drawing, motion picture, photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any User Posting you or anyone else submits, that is purely coincidental and unavoidable.
10. Account and Password.
In order to access and use certain content, features, functionality and/or Site Services, we shall require you to register for the Site and have a unique username and password combination (collectively, a “User ID”). If you elect to become a registered User of the Site, you are responsible for maintaining the strict confidentiality of your User ID, and you shall be responsible for any access to or use of the Site by you or any person or entity using your User ID, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify SportsFan.me of any unauthorized use of your User ID or account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. It is your sole responsibility to (i) control the dissemination and use of your User ID, (ii) control access to your account, and (iii) cancel your account on the Site. We reserve the right to deny access, use and registration privileges to any User of the Site if we believe there is a question about the identity of the person trying to access any account or element of the Site. SportsFan.me shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 10.
From time to time, you may choose to communicate with, interact with, or obtain goods and services of or from third parties such as our Advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Site or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser). PLEASE REVIEW THE TERMS OF SERVICE AND PRIVACY POLICIES OF SUCH ADVERTISERS.
12. Orders for Products.
We may make certain products available to Users of the Site. For example, you may be able to order certain sports-related products and/or licenses through the Site. You may only do so if, and you hereby represent, warrant and agree that (a) you are 18 years of age or older and a resident of the U.S. and (b) you shall pay in full the prices and fees (including, without limitation, all applicable taxes) for any purchases you make via credit, debit, charge card or other payment means acceptable to SportsFan.me concurrent with your online order. If payment is not received by us from your credit, debit, charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us.
13. Hyperlinks to Third Party Web Sites.
16. DISCLAIMER AND LIMITATIONS OF LIABILITY.
- THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
- WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING, WITHOUT LIMITATION, USER POSTINGS AND CONTENT ASSOCIATED WITH YOUR USE OF THE SITE.
- This Agreement does not create any relationship of principal and agent, partners, joint ventures, employer and employee, fiduciary or similar relationship between the parties. You are prohibited from making any promise, warranty or representation on behalf of Sportsfan.me or obligating Sportsfan.me in any way. You may not represent to any person that you are the agent of Sportsfan.me, or are authorized to act on its behalf.
- The waiver or failure by Sportsfan.me to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of Sportsfan.me set forth in this Agreement are cumulative and are in addition to any rights or remedies Sportsfan.me may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
- You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to Sportsfan.me which would not be adequately compensated by monetary damages and that Sportsfan.me may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security.
- Neither You nor Sportsfan.me shall not be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.
- This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by Sportsfan.me are for informational purposes only and it is Your obligation to obtain independent legal advice at Your own expense to ensure You understand the terms of this Agreement.
- The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.
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