This page states the terms and conditions ("Terms and Conditions") under which you may use this website ("Website"). Please read this page carefully. If you do not accept these Terms and Conditions, do not use this Website. Use by you of this Website indicates your agreement to these Terms and Conditions. Netcord, Inc. ("Netcord") may revise these Terms and Conditions at any time by updating this page. Because the Terms and Conditions are binding on you in connection with any use you make of this Website, you are advised to periodically review this page for changes to the Terms and Conditions.
Intellectual Property. The contents of this Website, including, without limitation, all text, graphics, images, designs, layouts, software, trademarks, service marks and other materials are the exclusive property of Netcord, are protected by copyright and other intellectual property laws, and are provided for personal, non-commercial use only. No portion of any such materials may be reproduced, copied, edited, adapted, displayed, published, distributed, retransmitted or used in any manner other than as contemplated herein without Netcord’s advance written consent.
Proper Usage. You agree to submit to this Website only material that is proper, lawful and related to the purposes of this Website. You agree that you will not, and will not permit others to, submit any material to this Website that: (i) infringes any intellectual property, privacy or publicity rights of a third party, (ii) is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to a third party, or (iii) is an advertisement or solicitation of business (unless otherwise permitted in advance in writing by Netcord). Netcord reserves the right to remove without notice any contents of this Website received from any source. Netcord further reserves the right in its sole discretion to suspend or terminate any person's, company's or team's access to or usage of this Website or any portion thereof.
Submissions. Other than as specifically set forth in Netcord's Privacy and Security Policy, any material, information or communication you submit to this Website will be considered nonconfidential. By submitting material, information or communications to this Website (other than personal information addressed by Netcord’s Privacy and Security Policy), you automatically grant to Netcord a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute and display any such material, information or communication alone or as part of another work in any form, media or technology, whether now known or hereafter developed.
Remedial Measures. You acknowledge that this Website functions in part as a conduit for the receipt, storage, processing and transmission of user submissions. Netcord does not monitor, exercise control over, or provide any substantive review, evaluation, or assessment of any such submissions. If notified of submissions which allegedly violate these Terms and Conditions or applicable law, Netcord may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the submission in question; provided, however, that Netcord has no liability or responsibility to users or any other party for performance or nonperformance of any such activities.
Links to Other Sites. Any links to third-party websites contained on this Website are provided solely as a convenience to you. Netcord makes no warranties or representations whatsoever regarding any such linked site.
Warranty Disclaimer. NETCORD HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE WEBSITE, ANY PARTS OF THE WEBSITE, AND ANY INFORMATION STORED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Without limiting the generality of the preceding sentence, Netcord specifically does not warrant that the operation of, or access to, the Website will be uninterrupted or error-free, that all Website errors will be corrected, that the information on the Website is accurate, reliable, complete or timely, or that the Website and its server are virus-free.
Limitation of Liability. IN NO EVENT SHALL NETCORD BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST TIME, LOST PROFITS, BUSINESS INTERRUPTION, AND/OR LOST INFORMATION), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR INFORMATION CONTAINED ON THIS WEBSITE, AND WHETHER OR NOT NETCORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY MONETARY DAMAGES ARE IMPOSED UPON NETCORD NOTWITHSTANDING THE PRECEDING LIMITATION, YOU AGREE THAT SUCH LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF ACTUAL DAMAGES OR $100.
Indemnification of Netcord. You agree to defend, indemnify and hold harmless Netcord, its officers, directors, employees and agents, from and against any claims, actions, demands, losses, liabilities, costs or expenses, including, without limitation, reasonable legal and accounting fees, resulting from or arising out of your breach of these Terms and Conditions, your use of this Website, or any materials or information you submit to this Website.
USTA and ALTA . USTA and ALTA are registered service marks owned by the respective entities operating under such marks. The use of such marks on this Website is for informational purposes only and is not intended to imply or indicate any sponsorship, affiliation, endorsement or other relationship between such parties and Netcord.
Miscellaneous. These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, excluding its conflict of laws principles. These Terms and Conditions are severable, such that the invalidity, in whole or in part, of any term or provision contained herein shall not affect the validity of any other term or provision contained herein. Any such invalid term or provision shall be enforceable to the maximum extent permitted under applicable law. No failure or delay by Netcord in exercising any right hereunder shall operate as a waiver thereof and any written waiver in a given instance shall not be deemed to be a continuing waiver of any such right. All waivers by Netcord must be embodied in a written document signed by Netcord. In the event of any dispute arising out of or relating to these Terms and Conditions or your use of or access to this Website, you agree that any litigation resulting therefrom must be brought in state or federal court in Fulton County, Georgia.
<back to Home
|
|
|
