1.) Disclaimer
Your access to and use of the Web Site and Service(s) provided by Horizon League and Webstream Productions, is exclusively governed by these Terms of Use. BY ACCESSING OR USING OUR WEB SITE AND/OR SERVICE, YOU ACCEPT AND AGREED TO BE BOUND BY THESE TERMS OF USE AS THE COMPANIES MAY MODIFY THEM FROM TIME TO TIME. The data contained in our Web Site and/or Service(s) is for entertainment, educational and informational purposes only and is not represented to be error free. The Companies attempt to ensure that the data provided or otherwise displayed on our Web Site and/or Service(s) is accurate. However, the Web Site and/or Service(s) and its contents are provided on an "as is, as available" basis. Use of the Web Site and/or Service(s) and its contents is at the user's sole risk. The Companies do not warrant that any functions of the Web Site and/or Service(s) will be uninterrupted or error-free, that defects will be corrected, or that the Web Site and/or Service(s) will be free from viruses or other harmful components. Any links to information not associated with the Companies are provided as a courtesy and do not constitute an endorsement by the Companies or its licensors as to any linked materials. If any provision of these Terms of Use or any application thereof is held to be invalid or unenforceable, that provision shall be deemed severable and the remainder of the Terms of Use shall not be affected.
2.) Modifications
The Companies may at any time make modifications, changes and alterations to the data of our Web Site and Service(s), including the Terms of Use, without prior notice. You are responsible for regularly reviewing these Terms of Use. Your continued use of our Web Site and/or Service(s) following any modifications, changes or alterations shall constitute your acceptance of such modifications, changes or alterations.
3.) Intellectual Property Statement
All content of our Web Site and Service(s) is the copyrighted material of the Companies or the appropriate contributor, and is protected by United States and international copyright, trademark and other applicable laws. The Web Site and Service(s) includes content, appearances and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of the Companies or other third parties. Except as set forth in the relevant license agreements, nothing contained in our Web Site and/or Service(s) grants any license or other right to any the Companies' intellectual property or any third party's intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the Web Site and/or Service(s). You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright or any other notice contained in the content), modify, distribute, alter, display, reproduce, transfer or republish any of the data of our Web Site and/or Service(s) without obtaining the written permission of the Companies.
4.) Applicable Law
This Web Site and Service(s) are created and controlled by the Companies in the State of Indiana. As such, the laws of the State of Indiana will govern these Terms of Use without giving effect to any principles of conflicts of laws. The parties agree that a condition of using this Web Site and/or Service(s) is that any and all claims arising out of use of this Web Site and/or Service(s) will be tried in the State of Indiana and Indiana law will apply. The Indiana courts in Marion County shall have exclusive jurisdiction and venue, and you consent and submit to the personal jurisdiction of such court over any claim, suit, or proceeding arising out of these Terms of Use.
5.) Communication
As part of the Web Site and/or Service(s) you agree to receive a series of ongoing communications regarding the Web Site and/or Service(s). Upon receipt of this communication you will have the option to opt-out or unsubscribe.
6.) User Content
With regard to user-generated exchanges of information and inclusion of content, any information and any content that you upload, exchange, share, store, send or otherwise make available through the Web Site or Service(s) ("User Content") is your responsibility and the Companies assume no liability or responsibility for such user generated information and content. This includes, but is not limited to, chat, blogs, email, email addresses and other personally identifying information, sms, text, photos, video, audio and any other User Content that you may provide or make available and accessible to other users of the Web Site or Service(s). As the user of the Web Site and/or Service(s), you are hereby acknowledging that the community oriented functionality of the Web Site and Service(s) is inherently intended to provide users with the opportunity to share and provide information that you voluntarily provide and desire to make public and allow any other user of the Web Site and/or Service(s) access to that information. You further acknowledge that certain community features may allow users to contact and otherwise communicate with you directly. The Companies do not make any representations or guarantees of confidentiality or privacy and accepts no responsibility for User Content and other information provided by users of the Web Site and Service(s). The Companies are not responsible for monitoring or policing this exchange of information and it is your responsibility to understand the nature of such communication mediums and use your own judgment and consideration as to what information you provide, exchange and otherwise make available. You are using the Web Site and/or Service(s) with the express knowledge that you are sharing information with known and unknown people and you assume all risks, consequences, liability and responsibility inherent with that exchange of information. In addition, the Companies does not control the User Content posted via the Web Site or Service(s) and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Web Site and/or Service(s), you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will the Companies be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Web Site and/or Service(s).
The Companies expressly state and you hereby acknowledge and understand that the Companies are not accepting any responsibility for monitoring or policing the exchange of User Content and other information included or otherwise made available through the Web Site or Service(s) and that the Companies do not accept any liability or responsibility express or implied involved with or resulting from the use of the Web Site and Service(s). However, as the provider of the Web Site and Service(s), the Companies reserve the right to monitor, view, store, forward and use any and all information and content provided by you through the use of the service. Furthermore, the Companies may use any and all User Content and other information made available or otherwise provided by you through the use of the Web Site and Service(s) in various ways, including but not limited to, understand user behavior and patterns, for internal discussion, make decisions about advertising placement and sponsors, improving the quality, functionality and user experience of the Web Site and Service(s) and any related materials. Furthermore, you acknowledge and agree to comply with and strictly adhere to the member conduct detailed in the Member Conduct section of this agreement.
You are solely responsible for User Content that you provide on the Web Site or Service(s). With respect to User Content, you hereby represent and warrant that (a) you own the User Content or have all necessary licenses or permissions necessary to provide the User Content and authorize the Companies to use all copyright, patent or other proprietary rights in and to any User Content in manner required pursuant to the Web Site or Service(s); and (b) you have the written consent, license or permission of each identifiable person to include any name or likeness of such person in the User Content.
The Companies do not claim ownership of User Content you submit or make available for inclusion on the Web Site and/or Service(s). However, with respect to User Content you submit or make available for inclusion on publicly accessible areas of the Web Site and/or Service(s), you grant the Companies (and other users of the Web Site and/or Service(s)) the following world-wide, perpetual, irrevocable, sub-licensable, assignable, royalty-free and non-exclusive license(s), as applicable: (a) with respect to User Content you submit or make available for inclusion on publicly accessible areas, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Web Site and/or Service(s) solely for the purposes of providing and promoting the publicly accessible areas to which such User Content was submitted or made available; and (b) with respect to User Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Web Site and/or Service(s), the license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Web Site and/or Service(s) are those areas of the Companies network of properties that are intended by the Companies to be available to the general public. By way of example, publicly accessible areas of the Web Site and/or Service(s) would include message boards and portions of clubs and groups that are open to both members and visitors. However, publicly accessible areas of the Web Site and/or Service(s) would not include portions of any clubs and groups that are limited to members.
7.) DMCA Notices
If you are a holder (or agent thereof) of copyright or other proprietary rights and you believe that any User Content infringes upon such proprietary rights, you may submit a notice to the Companies pursuant to the Digital Millennium Copyright Act by submitting the following information in writing to our copyright agent: (i) the signature (physical or electronic) of the holder (or agent thereof) of a proprietary right that is allegedly infringed; (ii) identification of the work or multiple works alleged to have been infringed; (iii) identification of the material that allegedly infringes or is the subject of infringing activity that is requested to be removed or otherwise modified with information reasonably sufficient to permit the Companies to locate the material; (iv) contact information for the Companies to contact you, including an address, telephone number and/or e-mail address; (v) your statement that you have a good faith belief that use of the material in question is not authorized by the holder of the proprietary rights, its agent or otherwise under law; and (vi) your statement that the information in the notice to the Companies is accurate and, under penalty of perjury, that you are authorized to act on behalf of the allegedly infringed work. You acknowledge that your failure to comply fully with these requirements may result in an invalid notice under the Digital Millennium Copyright Act.
8.) User Conduct
The Companies may at any time make modifications, changes and alterations to the data of our Web Site and/or Service(s). Such modifications may include messages boards, email Service(s), chat rooms, and other such Service(s). You agree to not use the Web Site and/or Service(s) to:
a.) submit material that is protected by copyright, patent or any other proprietary rights unless you are the owner of such material or have a license or permission from the owner of any such proprietary rights to provide the material;
b.) upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
c.) harm minors in any way;
d.) impersonate any person or entity, including, but not limited to, a the Companies official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e.) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Web Site and/or Service(s);
f.) upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g.) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
h.) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
i.) upload, post, email, transmit or otherwise make available any material 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;
j.) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web site and/or Service(s) are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
k.) interfere with or disrupt the Web Site and/or Service(s) or servers or networks connected to the Web Site and/or Service(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site and/or Service(s);
l.) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
m.) "stalk" or otherwise harass another; or
n.) collect or store personal data about other users.
You acknowledge that the Companies do not pre-screen User Content, but that the Companies and their designees shall have the right (but not the obligation) in their sole discretion to refuse or move any User Content that is available via the Web Site and/or Service(s). Without limiting the foregoing, the Companies and its designees shall have the right to remove any User Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by the Companies or submitted to the Companies, including without limitation information in message boards, clubs, and in all other parts of the Web Site and/or Service(s).
You acknowledge and agree that the Companies may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; © respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Companies, its users and the public.
You understand that the technical processing and transmission of the Web Site and/or Service(s), including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
*9.) Disclaimer of Warranties *
YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE WEB SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. THE COMPANIES AND THEIR AFFILIATES, THIRD PARTY LICENSORS AND SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND/OR SERVICE AND YOUR USE THEREOF. THE COMPANIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE WEB SITE AND/OR THE SERVICE OR ON ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEB SITE AND/OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANIES?S SECURE SERVERS OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF YOUR USE OF THE WEB SITE AND/OR SERVICE, (V) ANY BUGS, VIRUSES, OR TROJAN HORSES, OR RELATED PROBLEMS THAT MAY BE ACQUIRED OR TRANSMITTED IN CONNECTION WITH THE WEB SITE AND/OR THE SERVICE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, PROVIDED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE OR THE SERVICE. THE COMPANIES DOES NOT REPRESENT, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON THE WEB SITE, SERVICE, ANY LINKED WEBSITE, OR BANNER OR OTHER ADVERTISING, AND THE COMPANIES WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS.
10.) Limitation of Liability
IN NO EVENT WILL THE COMPANIES OR THEIR AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH (I) ANY PARTY'S USE OF THE WEB SITE AND/OR SERVICE OR A LINKED SITE, (II) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF DATA, (III) ANY LOSS OF USE RELATED TO OUR WEB SITE AND/OR SERVICE OR A LINKED SITE, (IV), ANY WEB SITE OPERATED BY ANY THIRD PARTY, (V) OR ANY CONTENT OF THIS WEB SITE OR ANY LINKED SITE, EVEN IF THE COMPANIES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANIES AND THE COMPANIES' AFFILIATES, LICENSORS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO ANY BREACH BY YOU OF ANY OF THESE TERMS OF USE OR APPLICABLE LAW, INCLUDING THOSE REGARDING INTELLECTUAL PROPERTY.
11.) Guidelines for Children
It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. By accessing the Web Site and/or Service(s), you affirm that you are more than 18 years old, are an emancipated minor, or have the consent of your parents or legal guardian and, therefore, are fully capable and competent to abide by and enter into the agreements and obligations set forth in these Terms of Services. Otherwise, you further affirm that you are at least 13 years old as the Web Site and/or Service(s) are not intended for children under 13 years old. If you do not comply with this age restriction, please do not use the Web Site and/or Service(s).
12.) Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or any part of the Web Site and/or Service(s) with or without notice and for any reason. Any suspected fraudulent, abusive or illegal activity may constitute grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
13.) Termination of Web Site and/or Service(s)
Webstream Productions and Horizon League reserve the right to terminate the Web Site and/or Service(s) in their entirety at any time and for any reason.
h1."PRIVACY STATEMENT"
The Companies strive to ensure the privacy and accuracy of your confidential information. In order for you to purchase products and Service(s) that we offer via the Web Site, we require you to provide us with information that personally identifies you ("Personal Information"). Personal Information may include (i) contact data (such as your name, physical and email addresses, phone numbers and domain names), and (ii) financial data (such as your account or credit card number).
Aggregate information on web site usage is recorded, and information volunteered by site users including all data submitted is collected and stored. This includes the use of specific services on the Web Site and/or Service(s) such as performing keyword searches, registering for events, or requesting additional information. We also collect and retain your email address and any other information you provide, when you communicate with us via email. We collect this information to provide online services, and to enhance our Web content and improve our quality of service.
Cookies are small files that may include a unique identifier, which is sent from our Web server to your web browser and is stored on your hard drive for record-keeping purposes. Cookies may be required to use certain services on the Site. We use cookies to provide services, to record current session information and identify user trends and patterns. You may choose to view, block or erase cookies within your web browser. However, this may limit your ability to use all services provided on our web sites. Although, some web sites may be able to track your usage after cookie deletion if you come back to the same site or a related site and provide personal information.
The confidential data you submit is encrypted using industry-standard SSL encryption. Furthermore, all of the customer data we collect is protected against unauthorized access and is never sold, traded or rented for commercial purposes to other organizations except to provide services, information, or products you've requested, when we have your permission, or in the following circumstances: (a) in the case of a sale of all of the assets of the Companies, a merger involving the Companies, a sale of assets involving the Companies or a corporate reorganization involving the Companies; and (b) when it is necessary to share information to investigate, prevent, or take action regarding illegal activities, suspected threatening or fraudulent activities, and violations of Terms of Service, or as otherwise required by law.
In addition, please keep in mind that whenever you voluntarily disclose Personal Information on-line, for example on message boards, through e-mail, or in chat areas, that information can be seen, collected and used by others.
Through the Web Site and/or Service(s) you may be introduced to a variety of third-party vendors and sites. The privacy policies of these third parties are not under our control. The use of any information that you may provide to any third party will be governed by the privacy policy of the operator of the site that you are visiting, which may differ from ours. As well, in some cases these third parties may share the information that they collect about you with the Companies. Because we do not control the privacy policies of our business affiliates or any other sites to which we may provide hyperlinks, we recommend you review the privacy policy of the site you are visiting. If you cannot find that site's privacy policy, or if you are uncertain about the entity to which you are providing your information, you should contact that site directly for more information.
The Web Site and/or Service(s) may include a variety of features, such as bulletin boards and chat rooms, which allow feedback to us and real-time interaction between site users. The Companies does not control the posting of messages, information or files that others may provide through the Site. You understand that the Companies have no obligation to monitor any bulletin boards, chat rooms, or other areas of the Web Site and/or Service(s) through which users can supply information or material. However, the Companies reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in the Companies' sole discretion are objectionable or in violation of the Terms of Use.
