AGREEMENT BETWEEN USER AND Colorado Volleyball Network
The Colorado Volleyball Network Web Site is comprised of various Web pages operated by Colorado Volleyball Network.
The Colorado Volleyball Network Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Colorado Volleyball Network Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Colorado Volleyball Network reserves the right to change the terms, conditions, and notices under which the Colorado Volleyball Network Web Site is offered, including but not limited to the charges associated with the use of the Colorado Volleyball Network Web Site.
LINKS TO THIRD PARTY SITES
The Colorado Volleyball Network Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the control of
Colorado Volleyball Network and Colorado Volleyball Network is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Colorado Volleyball Network is not
responsible for webcasting or any other form of transmission received
from any Linked Site. Colorado Volleyball Network is providing these
links to you only as a convenience, and the inclusion of any link does
not imply endorsement by Colorado Volleyball Network of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Colorado
Volleyball Network Web Site, you warrant to Colorado Volleyball Network
that you will not use the Colorado Volleyball Network Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Colorado Volleyball Network Web Site in
any manner which could damage, disable, overburden, or impair the
Colorado Volleyball Network Web Site or interfere with any other
party's use and enjoyment of the Colorado Volleyball Network 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 Colorado Volleyball Network Web Sites.
USE OF COMMUNICATION SERVICES
The Colorado Volleyball Network 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 information.
- 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 Services.
- Violate any code of conduct or other guidelines which 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.
Colorado Volleyball Network has no obligation to monitor the
Communication Services. However, Colorado Volleyball Network reserves
the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. Colorado Volleyball
Network reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason
whatsoever.
Colorado Volleyball Network 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 Colorado Volleyball Network's sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any
Communication Service. Colorado Volleyball Network does not control or
endorse the content, messages or information found in any Communication
Service and, therefore, Colorado Volleyball Network 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 Colorado Volleyball
Network spokespersons, and their views do not necessarily reflect those
of Colorado Volleyball Network.
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 Colorado Volleyball Network OR POSTED AT ANY Colorado Volleyball Network WEB SITE
Colorado Volleyball Network does not claim ownership
of the materials you provide to Colorado Volleyball Network (including
feedback and suggestions) or post, upload, input or submit to any
Colorado Volleyball Network Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
Colorado Volleyball Network, 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. Colorado Volleyball Network is
under no obligation to post or use any Submission you may provide and
may remove any Submission at any time in Colorado Volleyball Network's
sole discretion.
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 Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE Colorado Volleyball Network WEB
SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Colorado Volleyball
Network AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE Colorado Volleyball Network WEB SITE AT ANY TIME. ADVICE RECEIVED
VIA THE Colorado Volleyball Network 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.
Colorado Volleyball Network AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Colorado
Volleyball Network WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. Colorado Volleyball Network AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL Colorado Volleyball Network 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 Colorado
Volleyball Network WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
Colorado Volleyball Network 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 Colorado
Volleyball Network WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
Colorado Volleyball Network WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Colorado Volleyball
Network 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 WITH ANY
PORTION OF THE Colorado Volleyball Network WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE Colorado Volleyball Network WEB SITE.
SERVICE CONTACT
service@coloradovolleyballnetwork.com
TERMINATION/ACCESS RESTRICTION
Colorado Volleyball Network reserves the right, in
its sole discretion, to terminate your access to the Colorado
Volleyball Network Web Site and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State
of Washington, U.S.A. and you hereby consent to the exclusive
jurisdiction and venue of courts in King County, Washington, U.S.A. in
all disputes arising out of or relating to the use of the Colorado
Volleyball Network Web Site. Use of the Colorado Volleyball Network Web
Site is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
Colorado Volleyball Network as a result of this agreement or use of the
Colorado Volleyball Network Web Site. Colorado Volleyball Network's
performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of
Colorado Volleyball Network's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of
the Colorado Volleyball Network Web Site or information provided to or
gathered by Colorado Volleyball Network with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Colorado Volleyball Network
with respect to the Colorado Volleyball Network Web Site and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Colorado
Volleyball Network with respect to the Colorado Volleyball Network Web
Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent
an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the
express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Colorado Volleyball Network Web
Site are: Copyright 2007 by Colorado Volleyball Network and/or its
suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products,
people and events depicted herein are fictitious. No association with
any real company, organization, product, person, or event is intended
or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright infringement under United
States copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of
Copyright Infringement.
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