MikeNugent1.com
Terms of Services
Welcome to MikeNugent1.com (the "Website"). The following
terms of services ("TOS") apply to your use of the Website,
including your use of or access to any Basic Services, Pay Services
and Content (all as defined below and collectively referred to as
the "Services") available through the Website. Please
read the TOS carefully before using or accessing the Website, the
Services or the Content. By using or accessing the Website, the
Services or the Content, you signify your agreement to the TOS.
Your use of or access to the Website, the Services or the Content
is also subject to all applicable laws and regulations. If you do
not agree to any of the terms or conditions in the TOS, you should
not use or access the Website, the Services or the Content. Your
use of or access to the Website, the Services or the Content is
also governed by our Privacy Policy, which is available through
a link on our home page at http://www. MikeNugent1.com and is hereby
incorporated into the TOS.
The TOS was last modified on August 12, 2004.
A. TERMS OF SERVICE APPLICABLE TO THE BASIC SERVICES, THE PAY SERVICES
AND ALL USERS OF THE WEBSITE.
1. TERMS OF SERVICE
Sports Vue Internet.com, Inc., dba Sports Vue Interactive, provides
the Website, the Content and the Services to you subject to the
TOS. Sports Vue Interactive may amend the TOS from time to time
without notice to you, but if it does so, it will post the amended
TOS on the Website at http://www. MikeNugent1.com /site/terms.html.
We encourage you to review the TOS from time to time for possible
changes. Your continued use of or access to the Website, the Services
or the Content after any amendment of the TOS signifies your agreement
to the amended TOS. In addition, when using or accessing any Services
or any Content, you will be subject to any additional posted guidelines
or rules applicable to such Services or Content. All such additional
guidelines or rules are hereby incorporated by reference into the
TOS.
2. SERVICES AND CONTENT
Sports Vue Interactive may update, delete or otherwise modify any
interactive and non-interactive features and services on MikeNugent1.com
from time to time at the Company's sole discretion. In addition,
Sports Vue Interactive also provides access to photographs, text,
images, logos and other media and intellectual property related
to or otherwise associated with the company, Angela Huclesand MikeNugent1.com.
Unless stated otherwise, the Website, the Services and the Content
are subject to the TOS. You understand and agree that the Website,
the Services and the Content are provided "AS-IS" and
that Sports Vue Interactive assumes no responsibility in connection
with your use of the Website, the Services or the Content. The Website,
the Services and the Content are provided for your personal, non-commercial
use, entertainment and enjoyment. Under the TOS, you may download
certain Content and Services available on the Website to a single
personal computer. Further, you may not distribute, modify, republish
or publicly display any of the Content or Services unless you have
the prior written permission of Sports Vue Interactive, which permission
may be withheld at Sports Vue Interactive's sole discretion.
3. ACCESS TO SERVICES
In order to use the Website or the Services or access the Content,
you must obtain access to the World Wide Web and pay any access
fees which are associated with the Pay Services as applicable. In
addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem
or other access device.
4. BACKGROUND INFORMATION
In order to use some of the Services, you may be required to register
with Sports Vue Interactive by providing certain information about
yourself, including your name and e-mail address. In consideration
of your use of the Services which require registration, you agree
to: (a) provide true, accurate, current and complete information
about yourself as requested in connection with the provision of
and/or registration for any of the Services, subject to all applicable
laws. If you provide any information that is untrue, inaccurate,
incomplete or not current, or Sports Vue Interactive has reasonable
grounds to suspect that such information is untrue, inaccurate,
incomplete or not current, Sports Vue Interactive has the right
to suspend or terminate your password and refuse any and all current
or future use of the Services.
5. PRIVACY POLICY
All information collected about you during registration for use
of the Services will be used in accordance with our Privacy Policy
and all applicable laws. You may view our privacy policy at http://www.
ShannonBoxx7.com/site/privacy.html.
6. USER CONDUCT
You agree that in connection with your use of the Website, the Services
and the Content you will not:
a. upload, post, email or otherwise transmit any content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of anyone's privacy, hateful,
or racially, ethnically or otherwise objectionable;
b. harm or attempt to harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, an official or employee of Sports Vue Interactive or any person
or entity with whom you are not legitimately affiliated, or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
d. upload, post, email or otherwise transmit any content that you
do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information or proprietary
or confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
e. upload, post, email or otherwise transmit any content that infringes
any patent, trademark, trade secret, copyright or other intellectual
property right of any party;
f. upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes"
or any other form of solicitation;
g. upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
h. interfere with or disrupt the Website, the Services, the Content
or servers or networks connected to the Website, the Services or
the Content, or disobey any requirements, procedures, policies or
regulations of networks connected to the Website, the Services or
the Content; or
i. intentionally or unintentionally violate any applicable local,
state, national or international law.
7. USER MESSAGES
a. With respect to any messages, information, data, graphics, photographs,
images, creative ideas, concepts, know-how, techniques, suggestions
or improvements or other content that you transmit, submit, post
or upload to the Website and/or in connection with any of the Services
(each, a "Message"), you are, by transmitting or uploading
such Message, granting Sports Vue Interactive a perpetual, royalty-free,
sub-licensable, non-exclusive, worldwide and irrevocable right and
license to use, reproduce, modify, publish, translate, prepare derivative
works based upon, and distribute such Message for any purpose and
in any form. This license is granted automatically and no payment
of any kind will be due to you. At times, Sports Vue Interactive
may solicit Messages from users. Your provision of any such Messages
in response to a solicitation by Sports Vue Interactive shall be
subject to a grant of a license to Sports Vue Interactive as specified
above.
b. When any user posts any material to the Website or any of the
Services, Sports Vue Interactive shall have the right, but not the
obligation, in its sole discretion, to review, edit or delete any
Message for any reason in Sports Vue Interactive's sole discretion.
It is Sports Vue Interactive's policy to fully cooperate with law
enforcement authorities and court orders which request or require
Sports Vue Interactive to disclose personal information or the postings
of anyone posting material to the Website or any of the Services.
Although Sports Vue Interactive may monitor and/or review posted
material from time to time, it is under no obligation to do so and
does not assume any liability or responsibility with respect to
any postings, including those that contain errors, defamatory content,
pornography, profanity or inaccuracies.
c. You acknowledge and agree that Sports Vue Interactive may preserve
Messages and may also disclose Messages if required to do so by
law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Message violates the rights
of third parties; or (d) protect the rights, property or personal
safety of Sports Vue Interactive, its users and the public. You
understand that the technical processing and transmission of the
Services, including posted materials, may involve (a) transmissions
over various networks and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
8. INDEMNITY
You agree to indemnify, defend and hold harmless Sports Vue Interactive
and each of its respective officers, directors, governors, owners,
other officials, partners, partnerships, principals, employees,
affiliates and other related entities, servants, agents, representatives,
successors and assigns, from and against any claim or demand, including
reasonable attorneys' fees, arising out of material you post to,
submit or transmit through the Website or the Services, your use
of the Website or the Services, your connection to the Website or
the Services, your violation of the TOS or your violation of any
rights of another.
9. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
Sports Vue Interactive reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the
Website or the Services (or any part thereof) with or without notice.
You agree that Sports Vue Interactive shall not be liable to you
or to any third party for any suspension or discontinuance of the
Website or the Services; provided that Sports Vue Interactive will
provide a pro-rata refund for any Pay Services which are discontinued
or otherwise cancelled prior to the conclusion of the term for which
payment has been received.
10. TERMINATION
You agree that Sports Vue Interactive, in its sole discretion, may
terminate your use of the Website and/or the Services, and remove
and discard any material posted within the Services, for any reason,
including, without limitation, if Sports Vue Interactive believes
that you have violated or acted inconsistently with the letter or
spirit of the TOS. Sports Vue Interactive may also in its sole discretion
and at any time discontinue providing the Website or the Services,
or any part thereof, with or without notice. You agree that any
termination of your access to the Services under any provision of
this TOS may be effected without prior notice. Further, you agree
that Sports Vue Interactive shall not be liable to you or any third
party for any termination of your access to the Services other than
as expressly provided for in Section 11 in connection with early
termination of a Pay Service.
11. MikeNugent1.com ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation
in promotions of, advertisers and vendors found on or through the
Services or the Website, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such advertiser and/or vendor. You agree that Sports Vue
Interactive shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers or vendors on the Website
or in connection with the Services. All of your business dealings
with vendors and advertisers appearing on the Website or in connection
with the Services shall be at your sole risk.
12. THIRD PARTY MATERIALS, SERVICES AND EXTERNAL LINKS
The Website and/or the Services may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because
Sports Vue Interactive has no control over such sites and resources,
you acknowledge and agree that Sports Vue Interactive is not responsible
for the availability of such external sites or resources and do
not endorse and are not responsible or liable for any content, advertising,
products or other materials on or available from such sites or resources.
You further acknowledge and agree that Sports Vue Interactive shall
not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available
on or through any such site or resource.
You further understand and acknowledge that in some cases, it may
be necessary or desirable to use third party services, software,
technology, data, and/or other content (collectively, "Third
Party Materials") either independently or in connection with
various programs, features or functions available through the Website
and/or the Services. Such Third Party Materials may be downloaded
to and/or stored on your computer or otherwise employed in connection
with the functions and features of the Website and the Services
and you may or may not be notified of the same. Your use of Third
Party Services may be subject to terms of use other than these TOS
and as may be set forth by third party providers, as applicable.
Further, Third Party Materials may appear to be sourced either through
a Sports Vue Interactive branded website or through a third party
website. In any event, you agree and acknowledge that Sports Vue
Interactive assumes no liability with respect to your use of such
Third Party Materials whether you are aware of their use or not
and whether or not the use of such Third Party Materials are endorsed
or recommended for use by Sports Vue Interactive.
13. PROPRIETARY RIGHTS
You acknowledge and agree that (i) the term Sports Vue Interactive
and its logo are registered trademarks of Sports Vue Interactive;
(ii) all Sports Vue Interactive logos and marks as well as all other
proprietary materials depicted on the Website, the Services and
the Content are the property of Sports Vue Interactive or are licensed
to Sports Vue Interactive and may not be reproduced without the
prior written consent of Sports Vue Interactive (or its designee);
and (iii) the Content, including, without limitation, news articles,
press releases, photographs, images and illustrations, is the property
of, or is licensed by, Sports Vue Interactive. You further acknowledge
and agree that (i) any necessary software used in connection with
the Website, the Services and the Content (the "Software")
contains proprietary and confidential information that is protected
by applicable intellectual property and other laws and is either
owned by or licensed to Sports Vue Interactive; and (ii) content
contained in sponsor advertisements or information presented to
you through the Website, the Services and the Content or advertisers
is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized
by Sports Vue Interactive or advertisers, you agree not to reproduce,
republish, upload, post, transmit, distribute, copy, publicly display
or otherwise use the Content, the Software or any derivative works
based on the Website, the Services, the Content or the Software,
in whole or in part. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access
to the Services. You agree not to access the Services by any means
other than through the interface that is provided by Sports Vue
Interactive for use in accessing the Services. Other than a limited
right of personal use in connection with use of the Website, the
Services and the Content, you will have no rights to the Software.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE SERVICES,THE CONTENT AND ANY THIRD
PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES,
THE CONTENT AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Sports Vue Interactive
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND
NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
b. Sports Vue Interactive MAKES NO WARRANTY THAT (i) THE WEBSITE,
THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL MEET
YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES, THE CONTENT OR
THE THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR
USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY
MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET
YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING
ON THE WEBSITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Sports Vue Interactive SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF Sports Vue Interactive HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION,
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE,
THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
WEBSITE, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITE, THE
SERVICES OR IN THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE POSTING
OR TRANSMISSION BY THIRD PARTIES OF DEFAMATORY, OFFENSIVE OR ILLEGAL
MATERIAL; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES,THE
CONTENT OR THE THIRD PARTY MATERIALS. THIS LIMITATION OF LIABILITY
APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY
ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY Sports Vue
Interactive, ITS AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION,
DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION
LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR
ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC
RECORDS.
16. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS
16 AND 17 MAY NOT APPLY TO YOU.
17. NOTICE
Sports Vue Interactive may provide notices to you via email or postal
mail. Sports Vue Interactive may also provide notices of changes
to the TOS or other matters by displaying notices or links to notices
to you generally on the Website or by posting an amended TOS on
the Website. You may provide notices to Sports Vue Interactive by
email at mail@ MikeNugent1.com or by postal mail at Sports Vue Interactive,
P.O. Box 218, Atlantic, VA 23303 U.S.A.
18. LINKING TO THE WEBSITE
No link to the Website may be "framed" to the extent such
frame contains any sponsorship, advertising or other commercial
text or graphics. All links to the Website must be to http://www.
MikeNugent1.com, the Website home page. "Deep Linking"
to internal pages of the Website is expressly prohibited.
19. GENERAL PROVISIONS
The TOS constitute the entire agreement between you and Sports Vue
Interactive and govern your use of the Website, the Services and
access to the Content, superseding any prior agreements between
you and Sports Vue Interactive. You also may be subject to additional
terms and conditions that may apply when you use affiliate services,
third-party content or third-party software. The TOS and the relationship
between you and Sports Vue Interactive shall be governed by the
laws of the State of Maryland without regard to its conflict of
law provisions. You and Sports Vue Interactive agree to submit to
the personal and exclusive jurisdiction of the courts located within
the county of Accomac, Virginia. The failure of Sports Vue Interactive
or any of its entities to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS 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 TOS shall remain
in full force and effect. You agree that, regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Services or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the TOS are for convenience only and
have no legal or contractual effect.
|
