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. ShannonBoxx7.com/ShannonBoxx.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 ShannonBoxx7.com/ShannonBoxx.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 ShannonBoxx7.com/ShannonBoxx.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.
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.
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.
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. ShannonBoxx7.com/ShannonBoxx.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.
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.
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@ ShannonBoxx7.com/ShannonBoxx.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. ShannonBoxx7.com or http://www.ShannonBoxx.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 Virginia 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.