SportsUnlimited.com Question & Answer Terms and Conditions
This Usage Agreement (the "Agreement") governs your conduct while using
various services on the web site Sportsunlimited.com and its affiliate web
sites (collectively, the "Site"). All references to "we," "us," and "our"
shall mean Sportsunlimited.com and all references to "you" and "your" shall
mean the user of the Site and Site Services. This Agreement applies to
various services and activities on the Site as well as to gear/apparel
review and product ratings (collectively, "Site Services"). Please read this
Agreement carefully.
BY ACCESSING, BROWSING, AND USING THE SITE, ANY SITE SERVICES AND OTHER
SERVICES THEREIN, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ITS TERMS. IF
YOU DO NOT AGREE TO THIS AGREEMENT OR ANY SUBSEQUENT MODIFICATION THEREOF,
DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SITE OR SITE SERVICES, INCLUDING
THE SUBMISSION OF ANY REVIEWS OR COMMENTS.
Your use of the Site is governed by this Agreement and any other agreements
and/or terms of use adopted by Sportsunlimited.com and/or its affiliates.
This Agreement shall govern in the event of, and to the extent of, any
inconsistency with the Site. For more information on our privacy practices,
read the
Privacy Policy to understand our practices regarding the collection, use
and disclosure of personal information on the Site and with respect to Site
Services.
Any comments, reviews (including gear / apparel reviews and product
ratings), posts, feedback, questions, answers, notes, messages, images,
video, audio, materials, documents, data, graphics, ideas, suggestions or
other communications (collectively, "User Content") you submit on the Site
are not private or proprietary. By submitting User Content on or through the
Site, you grant, assign and transfer to Sportsunlimited.com all of your
rights, title and interest, including without limitation, all intellectual
property rights and moral rights, in and to such User Content. To the extent
the preceding assignment and transfer is ineffective, you hereby grant
Sportsunlimited.com an irrevocable, royalty-free, worldwide, perpetual right
and license to use, copy, modify, adapt, display, publish, 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 Site, you are confirming
that (a) you are the sole author of the User Content and the User Content
originated 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; (c) the User
Content does not contain hate speech or profanity and is not unlawful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, libelous,
obscene, racially, ethnically or otherwise objectionable, an invasion of
another's privacy, or otherwise in violation of this Agreement; (d) that you
are not a minor and have the legal right and capacity to enter into and
comply with this Agreement; (e) such User Content does not and will not, in
any way, violate or breach any of the terms of this Agreement; and (f)
Sportsunlimited.com shall not in any circumstances be required to pay or
incur any sums to any person or entity as a result of its use or
exploitation of the User Content.
With respect to your conduct on the Site or while using the Site Services,
you agree not to: (a) attempt to disguise the origin of any User Content
transmitted to the Site Services whether through the Site or any third party
site; (b) act in any manner that negatively affects other users' ability to
use the Site and Site Services; (c) impersonate any person or entity,
including without limitation, a manufacturer or owner of any product, or
falsely state or otherwise misrepresent your affiliation with a person or
entity; (d) interfere with the Site or Site Services, or servers or networks
connected to the Site or Site Services, or disobey any requirements,
procedures, policies, or regulations of networks connected to the Site or
Site Services; (e) upload, post, or otherwise transmit any User Content that
with respect to the Site Services: (i) is not relevant to the product,
service, person or entity being reviewed; (ii) you do not have a right to
transmit under any law or under contractual or fiduciary relationships (by
way of example but not limitation, inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); (iii) 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; or (iv) is unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation.
By submitting any such User Content on or through the Site, you grant
Sportsunlimited.com permission to use your name, alias and any other
information (as provided by you) to attribute such User Content to you.
Without limiting the generality of the previous sentence, and subject to our
Privacy Policy, you authorize Sportsunlimited.com, its affiliates, and
sublicensees to share the User Content across all affiliated Web sites, and
to use your name and any other information in connection with its use of
such User Content, as they may choose. You also grant Sportsunlimited.com
and its affiliates the right to use any material, information, ideas,
concepts, know-how or techniques contained in such User Content. We are not
responsible for the similarity of any of our Content or programming in any
media to User Content submitted by you. Any and all rights granted in this
section are granted without the need for any compensation to you in any
form.
User Content does not reflect the views of Sportsunlimited.com, and
Sportsunlimited.com does not represent or guarantee the truthfulness,
accuracy, completeness, timeliness, integrity, quality or reliability of any
User Content, nor does Sportsunlimited.com endorse or support any opinions
expressed in any User Content. In no event shall Sportsunlimited.com have or
be construed to have any responsibility or liability for or in connection
with any User Content, Any gear / apparel reviews and/or product ratings
submitted on the Site, if displayed, are displayed for entertainment and
informational purposes only. Under no circumstances will Sportsunlimited.com
be liable in any way for any User Content, including but not limited to, any
errors or omissions in any User Content, or for any loss or damage of any
kind incurred as a result of the use of any User Content posted, emailed or
otherwise transmitted via the Site or Site Services.
If Sportsunlimited.com determines, in our sole and absolute discretion, that
you or any User Content you submit violates this Agreement, we reserve the
right, at any time, without notice and without limiting any and all other
rights Sportsunlimited.com may have under this Agreement, to: (a) refuse to
allow you to submit further User Content; (b) remove and delete your User
Content; (c) revoke your registration and right to use the User Content
Submission Features; and (d) use any technological, legal, operational or
other means available to enforce the terms of this Agreement, including,
without limitation, blocking specific IP addresses or deactivating your
registration, access to the Site and Site Services using your e-mail
address, and your user name and password. Without limiting the foregoing,
once User Content is submitted to the Site, Sportsunlimited.com may take any
or no action with respect to such User Content, including without
limitation, deleting, editing, modifying, rejecting, or refusing to post
such User Content, but is under no obligation to offer you the opportunity
to edit, delete or otherwise modify User Content once it has been submitted.
Sportsunlimited.com shall have no duty to attribute authorship of User
Content to you and shall not be obligated to enforce any form of attribution
by third parties.
If, despite the foregoing assignment and transfer of rights in the User
Content, it is determined that you retain moral rights (including the rights
of attribution or integrity) in the User Content, you hereby declare that:
(a) you do not require that any personally identifying information be used
in connection with the User Content or any derivative works of or upgrades
or updates thereto; (b) you have no objection to the publication, use,
modification, deletion and exploitation of the User Content by
Sportsunlimited.com or its licensees, successors or assigns; (c) you forever
waive and agree not to claim or assert any entitlement to any and all moral
rights of an author in any of the User Content; and (d) you forever release
Sportsunlimited.com, and its licensees, successors and assigns from any
claims that you could otherwise assert against Sportsunlimited.com by virtue
of any such moral rights.
You are prohibited from violating the security of any system or network
compromising the Site or the Site Services, including but not limited to the
following: (a) unauthorized access to or use of data, systems, or networks,
including any attempt to probe, scan or test the vulnerability of the Site
or Site Services or to breach security or authentication measures; (b)
unauthorized monitoring of data or traffic on the Site or of the Site
Services; (c) interference with the Site or Site Services including without
limitation, any type of flooding technique or deliberate attempt to overload
the system such as denial or service attacks; (d) forging of a message
header or any part of a message header; or (e) using manual or electronic
means to avoid any use or access limitation placed on this Site or the Site
Services. Such violations may result in criminal or civil liability.
Sportsunlimited.com reserves the right to report any activity or persons
that Sportsunlimited.com suspects has violated any law or regulation to
appropriate law enforcement officials, regulators, or other appropriate
third parties (including the disclosure of appropriate subscriber
information). Sportsunlimited.com may also cooperate with appropriate law
enforcement agencies to assist in the investigation and prosecution of any
illegal conduct. Indirect or attempted violations of this Agreement and
actual or attempted violations thereof by a third party on behalf of any
user shall be considered violations of this Agreement by such user.
SPORTSUNLIMITED.COM DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE
FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR
LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS
WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER
ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR
OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER
CONTENT PROVIDED THROUGH THIS WEB SITE.