|
HAZZSPORTS.COM USER AGREEMENT Game Plan Holdings, Inc. dba HazzSports.com is a networking internet site focused upon athletes, athletic activities and sports, allowing Members to create unique online profiles to find and communicate with individuals and groups with the same athletic interests. The services offered by HazzSports.com ("HazzSports.com" or "we") include the HazzSports.com website (the "HazzSports Website"), the HazzSports.com Internet messaging service, and any other features, content, or applications offered from time to time by HazzSports.com in connection with the HazzSports Website (collectively, the "HazzSports Services"). The HazzSports Services are hosted in the U.S. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the HazzSports Services. By using the HazzSports Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the HazzSports Website) or you are a "Member" (which means that you have registered with HazzSports.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the HazzSports Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the HazzSports Website and discontinue use of the HazzSports Services immediately. If you wish to become a Member, communicate with other Members and make use of the HazzSports Services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes HazzSports.com's policy for acceptable use of the HazzSports Services and Content posted on the HazzSports Website, your rights, obligations and restrictions regarding your use of the HazzSports Services and HazzSports.com's Privacy Policy. In order to participate in certain HazzSports Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the HazzSports Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at privacy@HazzSports.com, Subject: Terms of Use Agreement. HazzSports.com may modify this Agreement from time to time and such modification shall be effective upon posting by HazzSports.com on the HazzSports Website. You agree to be bound to any changes to this Agreement when you use the HazzSports Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on HazzSports.com and that you provide to other Users. Your HazzSports.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other HazzSports.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and HazzSports.com assumes no responsibility or liability for this material. If you become aware of misuse of the HazzSports Services by any person, please contact HazzSports or click on the "Report Inappropriate Content" link at the bottom of any HazzSports.com page. HazzSports.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the HazzSports Services at any time, for any or no reason, with or without prior notice, and without liability. HazzSports expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of HazzSports Services if HazzSports determines, in its sole discretion, that you pose a threat to HazzSports and/or its Users. Eligibility. Use of and Membership in the HazzSports Services is void where prohibited. By using the HazzSports Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are _____13___ years of age or older; and (d) your use of the HazzSports Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under _13__ years of age.
Fees. While HazzSports is not charging any amount at this time for access to the HazzSports services, you acknowledge that HazzSports.com reserves the right to charge for the HazzSports Services and to change its fees from time to time in its discretion. If HazzSports.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify HazzSports.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Non-commercial Use by Members. The HazzSports Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by HazzSports.com. Illegal and/or unauthorized use of the HazzSports Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the HazzSports Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the HazzSports Services. Proprietary Rights in Content on HazzSports.com. You represent and warrant that: (i) you own the Content posted by you on or through the HazzSports Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the HazzSports Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the HazzSports Services. The HazzSports Services contain Content of HazzSports.com ("HazzSports.com Content"). HazzSports.com Content is protected by copyright, trademark, patent, trade secret and other laws, and HazzSports.com owns and retains all rights in the HazzSports.com Content and the HazzSports Services. HazzSports.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the HazzSports.com Content (excluding any software code) solely for your personal use in connection with viewing the HazzSports Website and using the HazzSports Services. The HazzSports Services contain Content of Users and other HazzSports.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the HazzSports Services. Content Posted. You are solely responsible for the Content that you post on or through any of the HazzSports Services, and any material or information that you transmit to other Members and for your interactions with other Users. HazzSports.com does not endorse and has no control over the Content. Content is not necessarily reviewed by HazzSports.com prior to posting and does not necessarily reflect the opinions or policies of HazzSports.com. HazzSports.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the HazzSports Services. HazzSports.com reserves the right to investigate and take appropriate legal action against anyone who, in HazzSports.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the HazzSports Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of HazzSports.com: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; The following is a partial list of the kind of activity that is illegal or prohibited on the HazzSports Website and through your use of the HazzSports Services. HazzSports.com reserves the right to investigate and take appropriate legal action against anyone who, in HazzSports.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any Member to buy or sell any products or services through the HazzSports Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the HazzSports Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, HazzSports.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which HazzSports.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the HazzSports Services, you acknowledge that you will have caused substantial harm to HazzSports.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay HazzSports.com $50 for each such unsolicited email or other unsolicited communication you send through the HazzSports Services; covering or obscuring the banner advertisements on your personal profile page, or any HazzSports.com page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the HazzSports Services or the networks or services connected to the HazzSports Services; attempting to impersonate another Member or person; for band profiles, copying the code for your HazzSports Player and embedding it into other profiles or asking other Members to embed it into their profiles; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the HazzSports Services in order to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the HazzSports Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or using the HazzSports Services in a manner inconsistent with any and all applicable laws and regulations. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of HazzSports.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to HazzSports.com by the copyright owner or the copyright owner's legal agent. Member Disputes. You are solely responsible for your interactions with other HazzSports.com Members. HazzSports.com reserves the right, but has no obligation, to monitor disputes between you and other Members. Privacy. Use of the HazzSports Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Disclaimers. HazzSports.com is not responsible for any incorrect or inaccurate Content posted on the HazzSports Website or in connection with the HazzSports Services, whether caused by Users of the HazzSports Services or by any of the equipment or programming associated with or utilized in the HazzSports Services. Profiles created and posted by Members on the HazzSports Website may contain links to other websites. HazzSports.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by HazzSports.com. Inclusion of any linked website on the HazzSports Services does not imply approval or endorsement of the linked website by HazzSports.com. When you access these third-party sites, you do so at your own risk. HazzSports.com takes no responsibility for third party advertisements which are posted on this HazzSports Website or through the HazzSports Services, nor does it take any responsibility for the goods or services provided by its advertisers. HazzSports.com is not responsible for the conduct, whether online or offline, of any User of the HazzSports Services. HazzSports.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. HazzSports.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the HazzSports Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the HazzSports Services. Under no circumstances shall HazzSports.com be responsible for any loss or damage, including personal injury or death, resulting from use of the HazzSports Services, attendance at a HazzSports.com event, from any Content posted on or through the HazzSports Services, or from the conduct of any Users of the HazzSports Services, whether online or offline. The HazzSports Services are provided "AS-IS" and as available and HazzSports.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HazzSports.com cannot guarantee and does not promise any specific results from use of the HazzSports Services. Limitation on Liability. IN NO EVENT SHALL HAZZSPORTS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HAZZSPORTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HAZZSPORTS.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HAZZSPORTS.COM FOR THE HAZZSPORTS SERVICES DURING THE TERM OF MEMBERSHIP. U.S. Export Controls. Software available in connection with the HazzSports Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the HazzSports Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Disputes. If there is any dispute about or involving the HazzSports Services, you agree that the dispute shall be governed by the laws of the State of Nevada, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue before the American Arbitration Association in Las Vegas, Nevada. The prevailing party shall be entitled to all attorneys fees and costs. Indemnity. You agree to indemnify and hold HazzSports.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the HazzSports Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the HazzSports Website or through the HazzSports Services causes HazzSports.com to be liable to another. Other. This Agreement is accepted upon your use of the HazzSports Website or any of the HazzSports Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and HazzSports.com regarding the use of the HazzSports Services. The failure of HazzSports.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. HazzSports.com is a trademark of HazzSports, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: info@hazzsports.com with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
|