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SPORTSBUSINESSDAILY.COM
TERMS OF SERVICE
Last revised: June 13, 2001 The following Terms of Service ("Agreement") govern
your subscription to and use of the SportsBusinessDaily.com service ("Service"),
which is produced by Street & Smith Publications, Inc., a division of American
City Business Journals, Inc. ("ACBJ"). Please read the terms contained in this
Agreement carefully. You can access this Agreement at any time at http://www.sportsbusinessdaily.com/tos.
These terms may be modified by ACBJ from time to time; notice that revisions
have been made will be posted on this page. Continued access of the Service
by you will constitute your acceptance of any changes or revisions to the Agreement.
Since the Service is designed to provide an enjoyable and informative experience
for all participants, you agree to abide by certain rules regarding your participation.
Your failure to follow these rules, whether listed below or posted at various
points in the Service, may result in termination of your access to the Service,
without notice, in addition to ACBJ’s other remedies.
REGISTRATION AND ACCOUNT CREATION
You may be required to provide ACBJ with certain registration information.
You agree and represent that all registration information provided by you is
accurate and up to date. If any of your registration information changes, you
must update it by visiting "My Account," in the top right corner of the navigation
bar on each page.
USE OF PASSWORD
Your right to use the Service is personal to you — you may not authorize
others to use the Service, and you are responsible for all use of the Service.
You may not sub-license, transfer, sell or assign this Agreement to any third
party without our written approval. Any attempt to do so will be null and void
and shall be considered a material breach of this Agreement. You will be solely
responsible for maintaining the confidentiality of your password. You are solely
responsible for all usage or activity on your ACBJ account including, but not
limited to, use of the account by any person who uses your subscriber ID and
password. If you have reason to believe that your account is no longer secure
(for example, in the event of a loss, theft or unauthorized disclosure or use
of your ID, password or any credit, debit or charge card number stored on the
Service), you must promptly notify us by visiting "My Account."
FEES AND PAYMENTS
ACBJ may charge you fees for access to portions of the Service or for the
Service as a whole. You agree to pay all fees and charges, including applicable
taxes, incurred through your account at the rates in effect for the billing
period in which such fees and charges are incurred, including but not limited
to charges for any products or services offered for sale through the Service
by ACBJ or by any third party vendor or provider (such fees, charges and taxes
shall collectively be referred to as "Fees"). ACBJ reserves the right to change
the amount of, or basis for determining, any Fees, and to institute new Fees,
effective upon prior notice to you, pursuant to the notice procedure described
below. If you submit your credit card information to ACBJ upon registration,
you give ACBJ permission to charge all Fees incurred through your account to
the credit card you designate. Any additional Fees (other than renewal fees)
will be charged at the time they are incurred. If payment cannot be charged
to your credit card or your payment is returned to ACBJ for any reason, including
charge back, ACBJ reserves the right to either suspend or terminate your account
and all its obligations under this Agreement.
USE OF THE SERVICE BY YOU
You agree not to use any obscene, indecent or offensive language or
to place on the Service any material that is defamatory, abusive, harassing
or hateful. Further, you may not place on the Service any material that is encrypted,
constitutes junk mail or unauthorized advertising, invades anyone's privacy,
or encourages conduct that would constitute a criminal offense, give rise to
civil liability, or that otherwise violates any local, state, national or international
law or regulation. You agree to use the Service only for lawful purposes, and
you acknowledge that your failure to do so may subject you to civil and criminal
liability. You are responsible for ensuring that any material you provide to
the Service or post on a bulletin board or forum, including but not limited
to text, photographs and sound, does not violate the copyright, trademark, trade
secret or any other personal or proprietary rights of any third party or is
posted with the permission of the owner(s) of such rights. Material on the Service
is for your personal use only. The Service contains copyrighted and other proprietary
information. You may not in any way make commercial or other unauthorized use,
by publication, re-transmission, distribution, performance, caching or otherwise,
of material obtained through the Service, except as permitted by the Copyright
Act or other law or as expressly permitted in writing by this Agreement or the
Service. You agree not to disrupt or interfere with the Service, nor to alter
or tamper with any information or materials on or associated with the Service.
You acknowledge that ACBJ has not reviewed the content of all sites linked to
from this Service and is not responsible for the content or actions of any other
sites linked to from this Service and does not endorse them. Your linking to
any service or site is at your sole risk.
USE OF MATERIAL SUPPLIED BY YOU
Postings to and communications with the Service (including registrations)
are not private. You grant ACBJ the unrestricted right to use, reproduce, modify,
translate, transmit and distribute any material you supply or communicate to
the Service (including your identity and information about you) in any medium
(now in existence or hereafter developed) and for any purpose, including commercial
uses, and to authorize others to do so. We will only use information about you
in accordance with our Privacy
Policy.
INTELLECTUAL PROPERTY
All materials on the Service ("Online Materials"), including, without limitation,
names, logos, trademarks, service marks, images, articles, columns, graphics,
photographs, illustrations, artwork, audio clips, video clips, software, and
other elements making up the Service are protected by copyrights and other intellectual
property rights owned and controlled by ACBJ or by other parties that have licensed
their material to ACBJ. Except as specifically provided herein, no Online Materials
may be copied, reproduced, republished, downloaded, posted, transmitted, or
distributed in any way, or otherwise used for any purpose, without the prior
written permission of their respective owners. You may not add, delete, create
derivative works from, distort, or otherwise modify the content on the Service.
Any unauthorized attempt to modify any Online Material, to defeat or circumvent
ACBJ's security features, or to utilize the Service for other than its intended
purposes is prohibited. SportsBusiness Daily, STREET & SMITH’S SPORTS BUSINESS
DAILY, sportsbusinessdaily.com, and sportsbizdaily.com, among others, are trademarks
owned by ACBJ or its affiliates. Other trademarks appearing on the Service are
trademarks of their respective owners and our reference to them does not imply
or indicate any approval or endorsement by their owners unless such approval
or endorsement is expressly made. It is understood that ACBJ's Service is a
sports business news and information service, and that references to other names
and trademarks are necessary in the course of providing news and commentary
about the sports industry that the Service covers. ACBJ respects the intellectual
property of others, and we ask our users to do the same. ACBJ may, in appropriate
circumstances and at its discretion, terminate the access of users, subscribers
and account holders who infringe the copyright rights of others.
NOTICE
ACBJ may give notice(s) to you by means of a general notice on the Service,
email to your email address or by written communication sent by mail to the
address you have provided. Except with regard to copyright complaints, which
should be notified to ACBJ as set forth below in the section entitled "Copyright
Complaints," you may give notice to ACBJ (such notice will be deemed given when
it is received by ACBJ) by any of the following methods:
- Email addressed to info@sportsbusinessdaily.com;
- Letter telecopied to ACBJ at 704-973-1501, confirmed by first class mail
to 120 West Morehead Street, Suite 220, Charlotte, NC 28202; or
- Letter delivered by first-class mail prepaid or by courier to ACBJ at
the following address: 120 West Morehead Street, Suite 220, Charlotte, NC
28202
COPYRIGHT COMPLAINTS
If you believe that your work has been copied and is accessible on
the ACBJ Service in a way that constitutes copyright infringement, or that ACBJ
contains links or other references to another online location that contains
material or activity that infringes your copyright rights, you may notify ACBJ
by providing the information required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512,
to ACBJ’s copyright agent:
By mail: By phone:
Jerry Birenz, Esq. (212) 381-7057
Sabin, Bermant & Gould LLP By fax:
4 Times Square (212) 381-7233
New York, NY 10036 By e-mail:
copyright@sbandg.com
Note: Only copyright complaints should be sent to agent. No other
communications will be accepted or responded to.For communications
on other matters, please e-mail info@sportsbusinessdaily.com.
MATERIALS POSTED BY OTHERS
You agree that ACBJ and its third-party service providers are not responsible,
and shall have no liability to you, with respect to any information or materials
posted by others, including defamatory, offensive or illicit material.
COMMENTS BY USERS ARE NOT ENDORSED BY ACBJ
ACBJ does not necessarily endorse, support, sanction, encourage, verify
or agree with the comments, opinions or statements posted on bulletin boards,
forums or otherwise contained in the Service. Nor does ACBJ or its third-party
service providers make any warranties with respect to any of the merchandise
featured or mentioned in the Service. Any information or material placed online,
including advice and opinions, are the views and responsibility of those who
post the statements, or those who actually sell any merchandise, and do not
necessarily represent the views of ACBJ or its third-party service providers.
INDEMNIFICATION
You agree to indemnify ACBJ and its affiliates, employees, agents,
representatives and any third-party service providers, and to defend and hold
each of them harmless, from any and all claims and liabilities (including attorneys'
fees), which may arise from your submissions, from your unauthorized use of
material obtained through the Service, or from your breach of this Agreement,
or from any such acts through your use of the Service.
EDITING AND DELETIONS
ACBJ reserves the right, but undertakes no duty, to review, edit, move
or delete any material provided for display or placed on the Service or its
bulletin boards, in its sole discretion, without notice.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE
SERVICE IS PROVIDED "AS IS," AND ACBJ, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE
PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE,
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER
WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR
IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS
OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. ACBJ, ITS AFFILIATES
AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS
TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS
OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE
TRANSMITTED ON THE SERVICE. ACBJ, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF
THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF
ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE,
INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE
OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS
AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE
CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY
FROM STATE TO STATE. YOU HEREBY AGREE TO RELEASE ACBJ, ITS AFFILIATES AND THIRD-PARTY
SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY
KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND
UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE
OF THIS SERVICE, INCLUDING ANY DISPUTES BETWEEN USERS. IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
TERMINATION OF ACCESS TO SERVICE
ACBJ has the right to terminate your ability to access the Service,
for any reason, without notice.
ACCESS OUTSIDE THE UNITED STATES
ACBJ does not represent that materials and content on the Service are appropriate
or available for use in countries outside the United States. If you choose to
use the Service from outside the United States you are solely responsible for
compliance with foreign and local laws.
JURISDICTION
You agree that this Agreement, for all purposes, shall be governed
and construed in accordance with the laws of the State of New York and the United
States applicable to contracts to be wholly performed therein, and any action
based on or alleging a breach of this Agreement must be brought in a state or
federal court in New York, New York. In addition, you agree to submit to the
exclusive personal jurisdiction and venue of such courts.
FORCE MAJEURE
ACBJ shall not be liable for delays in performing or failure to perform
this Agreement or any obligations hereunder, which are directly attributable
to causes beyond its reasonable control, including but not limited to, acts
of God, fires, strikes, labor disputes, war, acts or intervention by any governmental
authority, failure of a common carrier, supplier, hardware, software, browser,
or communications equipment, or network failure, congestion, or malfunction.
VIEWING INSTRUCTION
SportsBusinessDaily.com is best viewed in Internet Explorer 6 SP1 or
better.
However, if you are a Netscape user, we strongly recommend using at least Netscape
8. We have provided the links below for you to easily download the most recent
release.
Internet Explorer For Windows:
http://www.microsoft.com/windows/ie/downloads/critical/ie6sp1/default.mspx
Internet Explorer For MAC:
Mac OS 8.1 to 9.x
http://www.microsoft.com/mac/downloads.aspx#IE
Mac OS X
http://www.microsoft.com/mac/downloads.aspx#IE
Netscape 8 For Either Windows Or MAC:
http://channels.netscape.com/ns/browsers/default.jsp
ENTIRE AGREEMENT
This Agreement and our privacy
policy is the complete and entire agreement between the parties and
supersedes any prior agreement, whether written or oral. If you don't agree
to the terms contained in this Agreement, please exit the Service. Please click
the Back button on your browser to return to the previous page.
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