Last modified: July 2010
SportsClimb, Inc. (SportsClimb or we) reserves the right, at any time, to modify the web site and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the web site. Your continued use of the web site after modifications are posted will be considered an acceptance of and consent to the modified Terms of Service.
1. Registration Data, Passwords, and Privacy
By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate.
During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with coworkers, friends or family. You agree to keep your password confidential at all times.
You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify SportsClimb immediately if you learn of an unauthorized use of your password.
All information we obtain about you in connection with your use of this web site is subject to our Privacy Statement, which is incorporated by reference into these Terms of Service.
2. Conduct on Site
You agree to obey all applicable rules and regulations in using the web site, and agree that you are responsible for the contents and communications you provide through the web site.
You agree that you will not upload, share, or otherwise distribute any content that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonates another person;
b. contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violates child pornography laws;
c. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, color, national origin, familial status, pregnancy, or disability;
d. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
e. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
f. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
g. contains measures that could be used to determine the architecture of the web site, or could be used to decompile, disassemble, or reverse engineer the web site; or
h. is used for a commercial purpose of any kind.
We do not endorse or verify the information you provide regarding teams, schedules, results, or statistics. However, we reserve the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our web site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
You understand that in using this web site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against SportsClimb arising from your exposure to such materials.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
3. Intellectual Property
SportsClimb's Intellectual Property Rights. SportsClimb is the owner and retains all proprietary rights to the web site, the services provided by the web site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the web site and its content only as specifically authorized by us.
SportsClimb's trademarks and/or service marks may not be used in connection with any product or service that is not provided by SportsClimb, or in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits SportsClimb.
Others' Intellectual Property Rights. SportsClimb deeply respects the third party intellectual property rights that may be implicated in your sharing of photos and/or video. These intellectual property rights, and your responsibilities with respect to these rights, are outlined below.
a. Image content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of image content, then you must get permission from the creator of the image content or the copyright holder to use the image content in the SportsClimb web site. For example, professionally-taken photographs should not be used in SportsClimb unless you have received permission from the photographer to do so. As another example, professionally-produced video clips, such as clips of TV shows or movies, should not be used in a SportsClimb video unless you have received a license to do so from the owner of the copyright.
b. Furthermore, if you want to publish image content of someone other than yourself, you must get permission from the individuals portrayed in the image content before using the content in the SportsClimb web site. Do not use any image content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our web site.
c. You warrant that all image content used by you in the SportsClimb web site, either from your own computer or another web site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Image and/or Musical Content as contemplated by the web site and grant SportsClimb the rights described herein. Use of the site is limited to personal, non-commercial purposes only.
d. You hereby grant to SportsClimb a royalty-free, perpetual license to use, copy, create, modify, display and host your image content solely to the extent necessary for SportsClimb to provide the services as described herein.
e. All trademarks and/or service marks displayed on the web site are the exclusive property of their respective owners, and may not be used without the owner's permission.
4. Links to Other Sites
Members should be aware that when they are using the SportsClimb web site, they could be directed to other sites that are beyond our control. There are links to other sites from our pages that take you outside our service, including those provided by our advertisers or other members. For example, if you "click" on a banner advertisement, the "click" may take you off our site. This includes links from advertisers, sponsors, and business partners that may use our logo as part of a co-branding agreement. These other sites may send their own cookies to visitors, collect data, or solicit personal information. We are not responsible for the privacy of personal information furnished by you to these advertisers. Visitors to our site who provide personal information to these other sites are advised to check the privacy policies of those sites.
You understand and agree that although we will use reasonable efforts to ensure the web site is available to its members, temporary interruptions of the services available through this web site may occur. The services available on this site are provided "AS IS" and SportsClimb is not liable to you for any temporary interruption in services.
5. Repeat Infringers
Your account will be terminated if, at SportsClimb's sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
6. Disclaimer of Warranties
All services on this site are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
Without limiting the foregoing, we make no warranty that (a) the services will meet your requirements, (b) the services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services will be effective, accurate or reliable, or (d) the quality of any materials or services obtained by you from the site, from us, or from any third parties' web sites to which the web site is linked, will meet your expectations or be free from mistakes, errors or defects.
The use of SportsClimb services is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Other than as expressly set forth in the paragraph hereunder entitled "limited warranty for products," SportsClimb expressly disclaims and provides no other warranties for products, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
Any warranty that is provided in connection with any products, services, materials, or information available on or through this site from a third party is provided solely by such third party, and not by us.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
7. Limitation of Liability
You expressly understand and agree that SportsClimb and its partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SportsClimb or its partners have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use SportsClimb services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from SportsClimb services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on SportsClimb services; or (v) any other matter relating to SportsClimb services.
8. Exclusions and limitations
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in sections 6 and 7 which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
Acceptance of These Terms
By using this Site, you signify your consent to the SportsClimb Terms of Service Agreement, including the SportsClimb Privacy Statement. If you do not agree to this statement, please do not use our site. Your continued use of our site following the posting of changes to these terms means you accept and consent to those changes.