AGREEMENT BETWEEN USER AND SPORTSIMS
The SportSims Web Site is comprised of various Web pages operated by SportSims,
The SportSims Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use
of the SportSims Web Site constitutes your agreement to all such terms,
conditions, and notices.
SportSims, Inc. reserves the right to change the terms, conditions, and notices
under which the SportSims Web Site are offered, including but not limited to
the charges associated with the use of the SportSims Web Site. You are
responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the SportSims Web Site is for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from the
SportSims Web Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SportSims Web Site, you warrant to SportSims
that you will not use the SportSims Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the
SportSims Web Site in any manner, which could damage, disable, overburden, or
impair the SportSims Web Site or interfere with any other party's use and
enjoyment of the SportSims Web Site. You may not obtain or attempt to obtain
any materials or information through any means not intentionally made available
or provided for through the SportSims Web Site.
USE OF COMMUNICATION SERVICES
The SportSims Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Violate any code of conduct or other guidelines that may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
SportSims has no obligation to monitor the Communication Services. However,
SportSims reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. SportSims reserves
the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
SportSims reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in SportSims' sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. SportSims does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, SportSims specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are
not authorized SportSims spokespersons, and their views do not necessarily
reflect those of SportSims.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO SPORTSIMS
SportSims does not claim ownership of the materials you provide to SportSims
(including feedback and suggestions) or post, upload, input or submit to any
SportSims Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting SportSims, its affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. SportSims is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in SportSims' sole
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
SOFTWARE AVAILABLE ON THE SPORTSIMS WEB Site
Software (if any) that is made available to download from the SportSims Web
Site, excluding software that may be made available by end-users through a
Communication Service, ("Software") is the copyrighted work of
SportSims and/or its suppliers. Your use of the Software is governed by
the terms of the end user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). You may not install
or use any Software that is accompanied by or includes a License Agreement
unless you first agree to the License Agreement terms. For any Software not
accompanied by a license agreement, SportSims Corporation hereby grants to you,
the user, a personal, non-transferable license to use the Software for viewing
and otherwise using the particular SportSims Web Site in accordance with these
copyright and other proprietary notices. All Software is owned by SportSims
and/or its suppliers and is protected by copyright laws and international
treaty provisions. Any reproduction or redistribution of the Software is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any
accompanying documentation and/or technical information, is subject to
applicable export control laws and regulations of the USA. You agree not to
export or re-export the Software, directly or indirectly, to any countries that
are subject to USA export restrictions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SPORTSIMS WEB Site MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SportSims
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SportSims WEB Site AT ANY TIME. ADVICE RECEIVED VIA THE SPORTSIMS WEB Site
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
SPORTSIMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
SportSims WEB Site FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. SportSims AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
IN NO EVENT SHALL SPORTSIMS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE SPORTSIMS WEB Site, WITH THE DELAY OR INABILITY TO USE THE SPORTSIMS WEB
Site OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE SPORTSIMS WEB Site, OR OTHERWISE ARISING OUT OF THE USE OF THE
SPORTSIMS WEB Site, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF SPORTSIMS OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SPORTSIMS WEB Site.
SERVICE CONTACT:[email protected]
SportSims reserves the right, in its sole discretion, to terminate your access
to the SportSims Web Site and the related services or any portion thereof
at any time, without notice.
PATENT, COPYRIGHT AND TRADEMARK NOTICES:
All contents of the SportSims Web Site are: Copyright © 2004 SportSims,
LLC. and/or its suppliers. All rights reserved. Any rights not expressly
granted herein are reserved. Technology used by SportSims is patent pending.