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Terms of Use INTRODUCTION Welcome to Write On Sports LLC’s internet site. Write On Sports LLC was established in order to create a forum for sports writers to showcase their talents. The following terms and conditions must be followed for users of Write On Sports sites. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WRITE ON SPORTS SITE. By using the Write On Sports site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Write On Sports site. We reserve the right, at our sole discretion, to change, modify, add/or delete portions of these terms of use at any time in accordance with the procedures set forth below in the paragraph labeled "Amendment." SUBMISSIONS We are pleased to offer a website where sports writers can showcase their talents. However, by submitting material (articles, photographs, cartoons, etc.) to Write On Sports, the submitting party acknowledges that it is their responsibility to guarantee that the material submitted is the intellectual property of the submitting party or that the submitting party has the authority, given to them by the owner of the intellectual property, to submit such material for publication on Write on Sports. The submitting party represents to Write On Sports that the submission they are presenting is original and not owned by another person or publication. Write on Sports’ goal is to become a premiere sports publication. Write On Sports offers no formal compensation of any kind to any of its writers. The only compensation we offer at this time is exposure for our contributing sportswriters and the opportunity to be published on the website. FORUMS AND PUBLIC COMMUNICATION You acknowledge that anything you submit to a Write On Sports is routed through Write On Sports’ servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the features of Write On Sports consist of forums for public and not private communications. Please keep in mind that whenever you give out personal information online that that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. Information obtained on the website is meant to be taken in an editorial light. It may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions (including, but not limited to, gambling decisions), based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, gambling, or any other decisions made based on such information. We are not responsible for the content or opinions posted on Write On Sports. You take responsibility for postings under your username and use the information provided in the site at your own risk. We reserve the right to remove or edit content from any portion of our website at any time and for any reason although we have no duty to do so. WRITE ON SPORTS LLC’S RULES The following is a list of rules of use for Write On Sports. By using Write On Sports’ websites you agree not to do any of the following: 1. post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking, bigoted, hateful, or racially offensive, vulgar, obscene, or sexually explicit, or that encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; 2. harm minors in any way; 3. impersonate any person or entity, including but not limited to, Write On Sports LLC personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; 4. post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) 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); (b) copyright, patent, trademark, or other proprietary rights; (c) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; 5. represent that you are the original author of any material contributed for use on Write On Sports website when in fact you are not; 6. post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component; 7. impersonate any person or entity or misrepresent your identity or affiliation with any person or entity; 8. engage in antisocial, disruptive, or destructive acts, including "flaming," “junk mail,” “chain letters,” “pyramid schemes,” "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; 9. delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify; 10. and you must furnish your actual e-mail address or mobile phone number in order to post any material on Write On Sports website. We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of the above rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the website. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a Write On Sports site in violation of the law. CONTENT LINKED TO WRITE ON SPORTS LLC You should be aware that when you are on the Write On Sports website, you could be directed to other sites that are beyond our control. There are links to many other sites from Write On Sports pages that take you outside of our service. For example, if you click on a banner advertisement or sports writer’s blog link, the click may take you off the Write On Sports site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves a Write On Sports site the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that Write On Sports is not responsible for those sites. We reserve the right to disable links from third-party sites to any Write On Sports site, although we are under no obligation to do so. We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a Write On Sports site. GENERAL PROVISIONS These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. DISCLAIMER THE MATERIALS IN THE WRITE ON SPORTS LLC WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY WRITE ON SPORTS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WRITE ON SPORTS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY WRITE ON SPORTS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any Write On Sports site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Write On Sports site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. INDEMNIFICATION POLICY You are entirely responsible for maintaining the confidentiality of your member name(s), password(s), and your account, as well as all activities that occur under your account. You agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to indemnify and hold Write On Sports, its affiliates, officers, agents, employees, partner and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit and make available through our service. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY WRITE ON SPORTS SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (1) THE COST OF PROCURMEMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA INORMATION OR SERVICES PURCHASSED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (2) THE USE OR THE INABILITY TO USE THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE. JURISDICTIONAL ISSUES The Write On Sports website is controlled and operated by Write On Sports LLC and its affiliates from its U.S. offices in California. We make no representation that materials on any Write On Sports site are appropriate or available for use in any particular location. Those who choose to access any Write On Sports site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. AMENDMENT We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time. TERMINATION These terms of use are effective until terminated by either you or us at anytime. If you no longer want your information and material on Write On Sports LLC’s website you must contact Write On Sports in writing regarding this termination. Your written request to have your information taken off of the website may be sent via mail or email. Our mailing address: Write on Sports LLC 2629 Manhattan Ave. PMB 155 Hermosa Beach, CA 90254-2447 Our email to use for termination: termination@writeonsports.com We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are infringers under the copyright laws. COPYRIGHT/INTELLECTUAL PROPERTY POLICY If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Write On Sports LLC’s copyright information with the information below. Write On Sports respects the intellectual property of others and would like to be informed of any possible infringements. Please include the following information: 1. A physical or electronic signature of person authorized to act on behalf of the owner of the copyright or intellectual property interest; 2. Identification of the copyrighted work claimed to have been infringed; 3. A description of the copyrighted work or intellectual property that you believe to be infringed; 4. Information sufficient to contact you including your address, telephone number and email address; 5. A statement that the complaining party has 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 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Write on Sports LLC’s Agent of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Write on Sports LLC 2629 Manhattan Ave. PMB 155 Hermosa Beach, CA 90254-2447 By email: copyright@writeonsports.com ENTIRETY OF AGREEMENT The terms and conditions listed constitute the entire agreement between you and Write On Sports LLC and govern your use of the service. You also may be subject to additional terms and conditions that may apply when you use certain Write On Sports LLC’s services, affiliate services, third-party content or third-party software. WAIVER AND SEVERABILITY OF TERMS The failure of Write On Sports LLC to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. If any provision of the terms and conditions 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’ intent and the remaining terms and conditions will remain in place. |