The following terms and conditions, the Privacy Policy for The Sports Blog Nation, and all other supplementary documentation in connection therewith govern your use of this Web Site, and any content made available from or through this Web Site, located at www.t-s-b-n.com, including any subdomains thereof.
This site is made available by Trans-Texas Online Media Group. We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.
1. Ownership. As between you and us, we or our licensors, as applicable, own, solely and exclusively, all rights, title and interest in and to the Web Site, all the content, code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein and, in the event that we do not own such content, data and materials. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site.
2. Limited License. You may access and view the content on the Web Site on your computer or other device, and make single copies or prints of the content on the Web Site at your own risk and for your personal, non-commercial and internal use only, provided that you keep intact all copyright and other proprietary notices contained therein and use the same in accordance with all restrictions applicable to your use of the Web Site in general. Use of the Web Site and the services offered on or through the Web Site, are only for your personal, non-commercial use. You may not use the Web Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
3. Prohibitions. Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on this site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of the Texas Star Tribune or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or made available through the Web Site. This includes, without limitation, the alteration or removal of any Trademarks or any other proprietary content or proprietary rights notices. If you make other use of the Web Site, or the content, code, data or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use, including, without limitation, for violations of copyright and other applicable laws.
4. Age Restrictions. The Web Site is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas, forums and chats. To subscribe to newsletters and to participate in other activities where personal information is divulged, you must be 13 or older and by your use thereof, you represent and warrant that you are over the age of 13. Minors between the ages of 13 and 17 should get the permission of their parent(s) or legal guardian(s) before using the Web Site.
5. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ours and others and may only be used in accordance with Section 2 above, provided that such use may not be likely to cause customer confusion or, in any manner, disparage or discredit their rights holders. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or that of the third party rights holder.
6. User Information. In the course of your use of the Web Site and/or the services made available on or through the Web Site, you may be asked to provide certain personal information to us or to our third party vendors or service providers who facilitate our ability to make certain services available to you (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Web Site’s Privacy Policy, which is incorporated herein by reference for all purposes, unless otherwise noted. In the event that we engage the services of third party vendors or other service providers, your User Information may be subject to the information collection and use policies with respect to the privacy thereof of such third party vendors and other service providers.
7. Submitted Materials. Any comments, posts, feedback, notes, messages, images, audio, materials, ideas, suggestions or other communications you submit on or through the Service (collectively "User Content") are not private. By submitting User Content on or through the Service, you grant us and our affiliates an irrevocable, royalty-free, worldwide, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works based upon such User Content, in any form, media, software or technology of any kind now existing or developed in the future.
By submitting such User Content on or through the Service, you are confirming that (a) you are the sole author of the User Content and the User Content is original with you and not copied in whole or in part from any other work; (b) you have obtained all necessary permissions associated with the User Content, including without limitation permissions relating to copyrights, trademarks, rights of publicity and/or rights of privacy; and (c) the User Content is not libelous, obscene or otherwise in violation of this Agreement.
8. Interactive Areas of Service. The bulletin boards, chat rooms, community calendars, and other interactive areas of the Service are provided to users as interesting and stimulating forums to express their opinions and share ideas and information. We expect people to differ—judgment and opinion are subjective—and we encourage free speech and the exchange of ideas. But, by using these areas of the Service, you are participating in a community that is intended for all of our users.
Therefore, we reserve the right, but undertake no duty, to review, edit, move, or delete any User Content provided for display or placed on the Service, at our sole and absolute discretion, without notice to the person who submitted such User Content.
You may be held liable for any illegal or prohibited User Content made accessible on or through the Service or to other users, including, for example, infringing, defamatory, or offensive materials. So that the Service is available for all users to enjoy, you may not, and hereby represent and warrant that you will not, post, transmit, e-mail or otherwise make accessible on or through the Service any User Content that:
• Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, or malicious;
• Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
• Is or could be harmful to minors;
• Harasses or advocates harassment of another person;
• Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
• Promotes information that you know is false, misleading, or promotes illegal activities or conduct;
• Is or promotes an illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacture-installed copy-protect devices;
• Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
• Contains restricted password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• Provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses;
• Contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by Freedom or any other party;
• Solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; or
• Otherwise violates any local, state, national or other applicable law or regulation.
In addition, you may not, in connection with your use of the Service:
• Impersonate any person or entity or falsely misrepresent your affiliation with any other person or entity;
• Forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any User Content posted or transmitted on or through the Service;
• Engage in commercial activities and/or sales without our prior written consent including, without limitation, contests, sweepstakes, barter, or advertising;
• Post or transmit any Content that you do not have the right to post or transmit;
• Post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
• Disrupt the ordinary flow and operation of any portion of the Service, including causing a screen to scroll faster than another user may be able to type in a chat room or bulletin board environment;
• Interfere with or disrupt the Service or any server or network involved with the operation of the Service;
• Stalk or harass any other person; or
• Collect or "harvest" from the Service the names of other users for the purpose of transmitting to those other users unsolicited commercial messages.
If you discover this kind of material or activity on the Service, please notify us at admin@t-s-b-n.com. We do not support, endorse nor tolerate any of the foregoing material or activity.
Given the nature of the Service and the volume of User Content we receive, we cannot and do not monitor all User Content or other materials posted or transmitted by users and third-party information providers. To protect your safety, please use your best judgment when using interactive areas of the Service. We particularly discourage divulging personal information when you participate in interactive areas of the Service. You do so at your own risk.
We do not necessarily endorse, support, sanction, encourage, verify, or agree with statements posted on the interactive areas of the Service. Any such statements are the views and responsibility of those who posted them, and do not necessarily represent our views. You agree that we are not responsible, and shall have no liability to you whatsoever, with respect to any such statements.
9. Transactions or Relationships Formed Between Users on the Web Site. Some materials or information accessible in certain areas of the Web Site may be provided by other users and not by the Texas Star Tribune. From time to time, there may be opportunities on or through the Web Site for you to purchase certain products and/or services directly from such third parties who have advertised such products or services on this site. We assume no responsibility for, and you are solely responsible for confirming, the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability and timeliness of any such user-provided information, content, products, services, advertising or other materials. The inclusion of any such user-provided content on the Web Site does not imply endorsement or sponsorship by us. You are solely responsible for any and all consequences of any such activities, transactions and relationships that you may conduct or form with other users of the Web Site. Any purchases that you make from such third parties or users who have advertised on or through the Web Site are made at your own risk. You acknowledge and agree that we have no responsibility or liability for such purchases and/or transactions.
10. Linking to the Web Site. You agree that if you include a link from any other web site to the Web Site, such link shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, that the link open in a new browser window, and/or to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.
11. Disclaimer of Warranty; Limitation of Liability. Although we try to provide accurate information on the Service, the materials may contain inaccuracies, errors and typographical errors. Freedom and its affiliates do not warrant the accuracy or completeness of the Content contained on the Service. We may make changes to the Content at any time without notice and make no commitment to update the Content.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE, THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, AND THE SOFTWARE MADE AVAILABLE ON OR THROUGH THE SERVICE, IF ANY, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND FREEDOM AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED 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 CONTENT CONTAINED THEREIN OR PROVIDED BY THE SERVICE. FREEDOM AND ITS AFFILIATES 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. FREEDOM AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT OR OTHER CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD-PARTY, OR FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FREEDOM AND ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FREEDOM OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification. By submitting or posting any user information, photograph, video, and/or submitted materials or by using the site you acknowledge and agree that, in the event that it becomes necessary or advisable for us to defend ourselves, in a court of law or otherwise, with respect to any such content, or you engage in any prohibited conduct, as described below, we may rely on your representations and warranties contained herein. You agree to defend, indemnify and hold us, our affiliates and representatives and each of their respective directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees and other costs of enforcing these Terms and Conditions, arising in any way from your use of the site, your placement or transmission of any message, content, information, software or other materials on or through the site, or your breach or violation of the law or of these Terms and Conditions. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and to reimburse us for the reasonable costs and expenses thereof.
13. Copyrights and other intellectual property. We respect the intellectual property of others, and require that our users do the same. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We will terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows:
Paul W. White
P.O. Box 2148
Kerrville, Texas 78029
14. Termination. We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate this Agreement, your registration for any program offered on the Service, your ability to access the Service, and to remove any User Content, for any reason, including without limitation any breach by you of this Agreement or conduct by you that we determine to be inappropriate. You agree that Freedom and its affiliates shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
15. Changes to Terms and Conditions. We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
16. Miscellaneous. The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Texas, United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Texas, County of Kerr, United States of America. You agree to submit to the personal and exclusive jurisdiction of such courts. Our failure 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' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
These Terms and Conditions of Use were drafted on August 24, 2010. |
