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IMPORTANT - READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE (THE “WEBSITE”) OF SportsFanStop, SUBSCRIBING TO SportsFanStop SERVICES, PURCHASING SportsFanStop PRODUCTS, DOWNLOADING SportsFanStop SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE SportsFanStop SERVICES AND PRODUCTS, AND THE RELATED SportsFanStop SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE "SportsFanStop TECHNOLOGY").
SportsFanStop IS WILLING TO PROVIDE YOU WITH LIMITED ACCESS TO THE SportsFanStop TECHNOLOGY (INCLUDING THE SportsFanStop SERVICES AND PRODUCTS) THROUGH THE WEBSITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM SportsFanStop OR ITS AFFILIATES IN CONNECTION WITH THE SportsFanStop TECHNOLOGY AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE "AGREEMENT").
IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PROMPTLY CEASE ACCESSING OR OTHERWISE USING THE SportsFanStop TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE SportsFanStop TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM SportsFanStop.
AUTHORITY; ELIGIBILITY
By accessing, subscribing, downloading and/or otherwise using the SportsFanStop Technology, you certify that you (a) are at least eighteen (18) years of age and that all registration information you submit is accurate and truthful, (b) if you are not at least eighteen (18) years of age, you may only use the SportsFanStop Technology in conjunction with and under the supervision of a parent or legal guardian who is at least eighteen (18) years of age, (c)if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (c) have read this Agreement and have agreed to be legally bound by this Agreement, and (d) agree to all operating rules and policies of SportsFanStop that may be published within the SportsFanStop Technology or the Website. If the person accessing, subscribing and/or otherwise using the SportsFanStop Technology is under eighteen (18) years of age, then such person must review and discuss this Agreement with a parent or legal guardian who is at least eighteen (18) years of age, and by such underage person's accessing, subscribing, downloading and/or otherwise using the SportsFanStop Technology, such parent or legal guardian is deemed to have consented to such person's entering into this Agreement and hereby agrees to be bound by the terms hereof, and to only permit such underage person to use the SportsFanStop Technology in conjunction with and under their supervision.
INTELLECTUAL PROPERTY
Lorem ipsum...The SportsFanStop Technology is owned and operated by SportsFanStop and/or its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2006 SportsFanStop. All rights reserved. The compilation and arrangement of all content, data and other information found within the SportsFanStop Technology are also the sole and exclusive property of SportsFanStop and its licensors and is protected by U.S. and international intellectual property laws. The "look and feel" of the SportsFanStop Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to SportsFanStop and its licensors and fully protected under U.S. and international intellectual property laws.
USE OF THE SPORTSFANSTOP TECHNOLOGY
Subject to the terms and conditions set forth herein and any third party restrictions, SportsFanStop grants you a revocable, non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the SportsFanStop Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by SportsFanStop for such purposes on the Website solely for your informational purposes and for your revocable, immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the SportsFanStop Technology; provided you retain all SportsFanStop copyright and proprietary notices contained in the original materials or any copies thereof.
All rights to ownership or use not expressly stated herein are reserved by SportsFanStop and SportsFanStop disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access or adapt the SportsFanStop Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the SportsFanStop Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the SportsFanStop Technology, or any part thereof, including, but not limited to, using any part of the SportsFanStop Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the SportsFanStop Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of SportsFanStop, its affiliates, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use SportsFanStop Technology to harm minors in any way; (viii) fraudulently impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using SportsFanStop Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the SportsFanStop Technology; (x) upload, post, email, transmit or otherwise make available any materials 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); (xi) 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; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, trojans, spyware, adware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the SportsFanStop Technology or servers or networks connected to the SportsFanStop Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the SportsFanStop Technology (including, but not limited, to the Website); and (xiv) "stalk" or otherwise harass another; or collect or store personal data about other users. SportsFanStop reserves the right to refuse service to anyone, for any reason, at any time. You agree not to access the SportsFanStop Technology by any means other than through the means that is provided by SportsFanStop for use in accessing the SportsFanStop Technology.
By posting information or other materials on the Website or within the SportsFanStop Technology or by making such information available for downloading by you, SportsFanStop does not waive any proprietary right in and to the SportsFanStop Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the SportsFanStop Technology except for the limited license expressly granted herein.
SUBMISSIONS
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to SportsFanStop through the SportsFanStop Technology (each, a "Submission") shall remain your sole and exclusive property (except to the extent that any aspect of your Submission is in the public domain or otherwise not protectable under intellectual property law) , and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission to SportsFanStop, you hereby grant SportsFanStop and its successors and assigns a worldwide, perpetual, non-exclusive license to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the SportsFanStop Technology and the Website a non-exclusive license to access your Submission through the Website and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by the SportsFanStop on the Website and/or in this Agreement.
Any Submission you provide to SportsFanStop will be deemed public information and not subject to any confidentiality obligation and SportsFanStop shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, SportsFanStop' Privacy Policy shall govern SportsFanStop' use of such information.
By making a Submission, you waive the right to make any claim against SportsFanStop or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders (“Affiliates”) related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that any and all of your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, (e ) shall not violate this Agreement or the SportsFanStop Privacy Policy, (f) shall not be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person (for example, through the use of similar email address, nicknames, or the creation of false account(s) or any other method or device), (g) shall not be obscene or contain child pornography or any actual sexually explicit conduct, (h) shall not contain or transmit any code of a destructive nature that may damage, interfere with, intercept, or expropriate any system, data, or personal information, (i) link, reference, or contain descriptions of, directly or indirectly, content that is prohibited under this Agreement and the Privacy Policy, or any other policy-related documents made available by SportsFanStop, and (j) shall not create any liability for SportsFanStop or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your Submission by means of the SportsFanStop Technology in order to keep that information true, accurate, current and complete.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize SportsFanStop to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
PARTICIPATION DISCLAIMER
SportsFanStop does not review all Submissions posted to or created by users accessing the SportsFanStop Technology (including, but not limited to, the Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the SportsFanStop Technology (including, but not limited to, the Website), SportsFanStop is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the Submissions or other content of any users' activities. SportsFanStop and its Affiliates do not undertake or assume any duty to monitor the Website for inappropriate content. SportsFanStop and its Affiliates assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Accordingly, you understand that when using the SportsFanStop Technology (including, but not limited to, the Website), you will be exposed to content (including, but not limited to, Submissions) from a variety of sources, and that SportsFanStop is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SportsFanStop with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless SportsFanStop and its Affiliates to the fullest extent allowed by law regarding all matters related to your use of the SportsFanStop Technology. SportsFanStop reserves the right to, without prior notice and in its sole discretion, block, disable or remove (as applicable) communications, postings or materials that it determines to be (a) abusive, defamatory, offensive or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) unacceptable and/or in violation of this Agreement or the SportsFanStop Privacy Policy for any other reason in its sole discretion. You understand and acknowledge that the blocking, disabling, or removal of such communications, postings, or materials may result in the interruption or cancellation of previous processed orders involving your Submissions.
TRADEMARKS
Any and all trademarks displayed within the SportsFanStop Technology are owned by SportsFanStop, its licensors or its affiliates, or are the property of third parties (in which case SportsFanStop makes no claim of ownership rights therein).
CONFIDENTIALITY
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of SportsFanStop. "Confidential Information" means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to SportsFanStop or its licensors, including, but not limited to, all parts of the SportsFanStop Technology and any other materials or information related to the business or activities of SportsFanStop that are not generally known to others engaged in similar businesses or activities.
WARRANTY DISCLAIMER
YOU ACCESS AND USE THE SportsFanStop TECHNOLOGY AT YOUR SOLE RISK. THE SportsFanStop TECHNOLOGY IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SportsFanStop AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS DISCLAIM ALL WARRANTIES (WHETHER EXPRESS, STATUTORY OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, SportsFanStop AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS DO NOT REPRESENT OR WARRANT THAT (A) THE SportsFanStop TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THE DEFECTS IN THE SportsFanStop TECHNOLOGY WILL BE CORRECTED, (C) THE SportsFanStop TECHNOLOGY OR THE SERVERS THAT OPERATE THE SportsFanStop TECHNOLOGY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THE DATA, RESULTS AND INFORMATION WITHIN THE SportsFanStop TECHNOLOGY WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, RELIABLE OR OTHERWISE; AND (E) THE SportsFanStop TECHNOLOGY WILL MEET YOUR NEEDS, REQUIREMENTS OR EXPECTATIONS.
SportsFanStop may make changes to the content within the SportsFanStop Technology or to the products or services described in it, at any time without notice to you. Further, SportsFanStop and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no liability or responsibility for any errors or omissions in the content within the SportsFanStop Technology. The materials in the SportsFanStop Technology may be out of date or inaccurate, and SportsFanStop and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders specifically disclaim any duty to update such content. Any material downloaded or otherwise obtained by you through the use of the SportsFanStop Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses and other forms of malware or badware.
You acknowledge and agree that SportsFanStop and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by SportsFanStop. You acknowledge and agree that SportsFanStop and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the SportsFanStop Technology provided by any other user of the Website or any third party licensors or suppliers of SportsFanStop.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for the minimum duration required under applicable state law (if any) after the date on which you first access the SportsFanStop Technology, and no warranties shall apply after such period.
LIMITATION OF LIABILITY
NEITHER SportsFanStop, ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE SportsFanStop TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SportsFanStop TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE SportsFanStop TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN OR ACCESSED VIA THE SportsFanStop TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE SportsFanStop TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THE WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED ON THE SERVERS; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE SportsFanStop TECHNOLOGY WHETHER OR NOT SportsFanStop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL SportsFanStop' AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS' AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO SportsFanStop FOR ACCESS AND USE OF THE SportsFanStop TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE SportsFanStop TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00). YOU SPECIFICALLY ACKNOWLEDGE THAT SportsFanStop SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
ACCESS TO THE SPORTSFANSTOP TECHNOLOGY
You shall be responsible for obtaining access to the SportsFanStop Technology and for all equipment necessary to access the SportsFanStop Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all fees and charges associated with connecting you to the SportsFanStop Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges, and associated taxes.
PASSWORDS AND YOUR OBLIGATIONS
You may be asked to register as a member on certain pages or services within the SportsFanStop Technology and to select a unique username and password in order to be able to access your account and use any of the SportsFanStop Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify SportsFanStop in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., "logging off") at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email to [email protected].
SECURITY
The SportsFanStop Technology resides on the public internet. SportsFanStop uses commercially reasonable measures to protect the confidentiality and security of communications transmitted to SportsFanStop and information stored on servers controlled by SportsFanStop. Notwithstanding these efforts, SportsFanStop cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the SportsFanStop Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the SportsFanStop Technology, overloading, "flooding," "mailbombing" or "crashing" the SportsFanStop Technology. Violations of system or network security may result in civil or criminal liability. SportsFanStop reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SportsFanStop, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, end users and suppliers and their officers, directors and employees from and against all losses, expenses, obligations, claims, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the SportsFanStop Technology; and (d) any use of your Submission by SportsFanStop or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. This indemnification and defense obligation will survive this Agreement and your use of the SportsFanStop Technology.
TERMINATION
You agree that SportsFanStop, at its sole discretion, may terminate or suspend your access to and use of the SportsFanStop Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if SportsFanStop believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. SportsFanStop reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the SportsFanStop Technology (or any part thereof) without notice. You agree that SportsFanStop and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the SportsFanStop Technology. Your obligations under this Agreement shall continue even after SportsFanStop has terminated and/or cancelled this Agreement or your access to the SportsFanStop Technology. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to SportsFanStop for use of your Submission.
RESALE PROHIBITED
Products sold from the Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, SportsFanStop reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.
PRODUCT DISPLAY/COLORS & SPECIFICATIONS
The SportsFanStop Technology (including, but not limited to, the Website) attempts to display product images shown through it as accurately as possible. However, SportsFanStop and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders are not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the SportsFanStop Technology, and cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.
Features, pricing and specifications of products and/or services described or depicted through the SportsFanStop Technology (including, but not limited to, the Website) are subject to change at any time without notice. Weights and measures are approximate.
APPLICABILITY OF CONTENT
The Website is intended for residents of the United States and is operated in the State of New York, United States of America. SportsFanStop and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders make no representation that the content provided through the SportsFanStop Technology is applicable or appropriate for use in jurisdictions other than the United States of America. If you access the SportsFanStop Technology (including, but not limited to, the Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the SportsFanStop Technology, you may not view or use the SportsFanStop Technology.
PRIVACY POLICY
We realize that you are concerned about how the information you provide online will be used. SportsFanStop has a Privacy Policy that discloses what information SportsFanStop collects about you, how SportsFanStop uses such information, the steps SportsFanStop takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The Privacy Policy is available on the Website and is incorporated herein by this reference. Please read our Privacy Policy for more details.
JURISDICTION
This Agreement shall be governed and construed in all respects by the laws of the State of New York, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that the SportsFanStop Technology (including, but not limited to the Website) is deemed a passive website that does not give rise to personal jurisdiction over SportsFanStop or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree to submit to the exclusive jurisdiction of the courts of the State of New York located in the County of New York or the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
This Agreement governs your use and access to the SportsFanStop Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with SportsFanStop. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on the Website or within the SportsFanStop Technology, conflicts with any provision of your other agreements with SportsFanStop, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement (unless otherwise expressly provided in such other agreement).
LINKS TO OTHER WEB SITES
The SportsFanStop Technology contains links to other web sites ("Third Party Sites") controlled or offered by third parties (non-affiliates of SportsFanStop). SportsFanStop has no control over and is not responsible for the content, accuracy or opinions expressed on such Third Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by SportsFanStop. SportsFanStop has no ability to censor or edit the content of any Third Party Sites. SportsFanStop and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby disclaim any and all liability arising from your use of or access to any of the Third Party Sites, including but not limited to, any information, materials, products or services posted or offered at any of the Third Party Sites. By creating a link to Third Party Sites, SportsFanStop and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is SportsFanStop or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders liable for any failure of products and services offered or advertised at those sites. Such third parties may have a privacy policy different from that of SportsFanStop and Third Party Sites may provide less security than SportsFanStop. Without limiting the foregoing, the SportsFanStop Technology may contain offers from SportsFanStop for products and services that may be obtained only by linking to the merchant web site to complete the transaction. Terms of the offer shown on the SportsFanStop Technology, including, but not limited to, price, color, quantity, availability and description may vary from those shown on the merchant's web site. Differences in the terms of an offer between what is displayed in connection with the SportsFanStop Technology and what is offered at the merchant web site will be governed by the terms shown on the merchant's web site. SportsFanStop and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders are not responsible or liable for any such differences or discrepancies.
REVISIONS AND CONSENTS
SportsFanStop reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. SportsFanStop also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the SportsFanStop Technology (including, but not limited to, on the Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on the Website. By continuing to enter the Website and/or using the SportsFanStop Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and SportsFanStop with respect to the subject matter addressed herein, and governs your access to and use of the SportsFanStop Technology, superseding any prior agreements between you and SportsFanStop relating to such subject matter, but this Agreement may be supplemented by any other legally enforceable agreement you enter into with SportsFanStop pursuant to your enrollment and/or participation in other features of the SportsFanStop Technology.
ELECTRONIC DELIVERY POLICY AND YOUR CONSENT
By using the SportsFanStop Technology, you consent to receive from SportsFanStop all communications including notices, agreements, legally required disclosures or other information in connection with the SportsFanStop Technology (collectively, "Contract Notices") electronically. SportsFanStop may provide such electronic Contract Notices by posting them on the Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website and the SportsFanStop Technology.
GENERAL PROVISIONS
Notwithstanding anything in this Agreement to the contrary, if any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
SportsFanStop' or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders' failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. SportsFanStop and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of SportsFanStop. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.