Yousport
Terms of Use [Last updated April 12, 2008]

Your Acceptance of These Terms

  1. By using and/or visiting this website (collectively, including all content and functionality available through the YouSport.com domain name, the “YouSport.com Website”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Use”), (2) the YouSport.com Privacy Policy notice, found at http://beta-uat.YouSport.com/privacy.html and incorporated here by reference, and (3) the YouSport.com Community Guidelines, found at and also incorporated here by reference. If you do not agree to any of these terms, the YouSport.com Privacy Policy notice, or the YouSport.com Community Guidelines, please do not use the YouSport.com Website.
  2. “We” and “us” in these Terms of Use refer to YouSport.com, Inc., a Washington limited liability company, owner of the YouSport.com Website.

Changes in Terms

    Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version (). YouSport may, at its sole discretion, modify or replace the Terms of Use at any time, and you agree to be bound by such modifications or revisions. By using and/or visiting the YouSport.com Website such modification or revision, you signify your agreement to these Terms of Use as modified.

YouSport.com Website

  1. YouSport.com is a social networking website for sport enthusiasts. YouSport.com currently provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content, and branded programming through its network of properties within the YouSport.com Website and Divisions there of. These Terms of Use apply to all users of the YouSport.com Website, including users who are also contributors of video content, information, and other materials or services on the YouSport.com Website.
  2. The YouSport.com Website may contain links to third party websites that are not owned or controlled by us. YouSport.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, YouSport.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve YouSport.com from any liability arising from your use of any third-party website. We encourage you to be aware when you leave the YouSport.com Website and to read the terms, conditions, and privacy policy of each other website that you visit.

    YouSport.com reserves the right to discontinue any aspect of the YouSport.com Website at any time. In addition, nothing in these Terms of Use is intended to confer any third-party rights or benefits.

YouSport.com Account Registration

  1. In order to access and use some features of the YouSport.com Website, you will have to register for a YouSport.com account. You will receive a password and account designation upon completing the YouSport.com Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You may never use another individual’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify YouSport.com immediately of any breach of security or unauthorized use of your account.
  2. Although YouSport.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YouSport.com or others due to such unauthorized use.
  3. Children under the age of 13 are not allowed to register on YouSport.com.

YouSport.com Account Termination

  1. YouSport.com reserves the right to suspend and/or terminate a user’s account and registration, and its current and/or future access to and use of the YouSport.com Website for any reason, in its sole discretion.
  2. Causes for suspension or termination may include, but are not limited to: (1) violating these Terms of Use, the YouSport.com Community Guidelines, and any other rules, regulations, or guidelines for the YouSport.com Website; (2) providing untrue, inaccurate, or incomplete registration information, or reasonable grounds for suspecting that registration information is untrue, inaccurate, or incomplete, (3) submission of inappropriate content, (4) requests by law enforcement or other government agencies, (5) a request by the user (self-initiated account deletions), (6) discontinuance or material modification to the YouSport.com Website or any part, (7) technical or security issues or problems, and (8) extended periods of user inactivity.
  3. Termination of a user’s YouSport.com account may include some or all of the following steps: (1) deleting password and account designation, (2) removing access to offerings in the YouSport.com Website, (3) deleting files and content associated with or inside the account, and (4) barring further use of the YouSport.com Website. YouSport.com will not be liable to you or any third party for any suspension or termination of your account, any associated accounts, or access to the YouSport.com Website. You are not entitled to retain any account benefits (such as accumulated “Yous”) if YouSport.com terminates your account.

System Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. YouSport.com will investigate incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include:
  1. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
  2. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
  3. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
  4. Collecting or harvesting personally identifiable information, including account names, from the YouSport.com Website, or sending unsolicited mail messages (Spam), including commercial advertising, commercial solicitation, and informational announcements.
  5. Forging any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
  6. Using or launching any automated systems, including “robots,” “spiders,” or “offline readers,” that access the YouSport.com Website in a manner that sends more request messages to the YouSport.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, YouSport.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. YouSport.com reserves the right to revoke these exceptions either generally or in specific cases.

Conduct and Liability

YouSport.com hereby grants you permission to access and use the YouSport.com Website as set forth in these Terms of Use, provided that:
  1. You agree not to distribute in any medium any part of the YouSport.com Website, including but not limited to User Submissions (defined below), without YouSport.com’s prior written authorization. You agree not to alter or modify any part of the YouSport.com Website, including but not limited to YouSport.com’s designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, their selection and arrangement, or any of its related technologies. You agree not to access User Submissions or YouSport.com content through any technology or means other than the pages of the YouSport.com Website itself, or other explicitly authorized means that YouSport.com may designate. You agree not to use the YouSport.com Website for any commercial use, without the prior written authorization of YouSport.com. Prohibited commercial uses include any of the following actions taken without YouSport.com’s express approval:
  2. Sale of access to the YouSport.com Website or its related services on another website.
  3. Use of the YouSport.com Website or its related services for the primary purpose of gaining advertising or subscription revenue.
  4. Sale of advertising, on the YouSport.com Website or any third-party website, targeted to the content of specific User Submissions or YouSport.com content.
  5. Use of the YouSport.com Website or its related services that YouSport.com finds, in its sole discretion, to use YouSport.com’s resources or User Submissions with the effect of competing with or displacing the market for the YouSport.com Website, YouSport.com content, or User Submissions.
  6. As a condition of your use of the YouSport.com Website, you do not use the YouSport.com Website for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by YouSport.com. You must comply with these Terms of Use, the YouSport.com Community Guidelines., and all applicable local, national, and international laws and regulations.

User Submissions of Content

As a YouSport.com account holder, you may submit various kinds of content for the YouSport.com Website (collectively referred to as "User Submissions"). User Submissions must be submitted in the form accepted by the YouSport.com Website, such as news content, sports-related videos, commentary, and ratings of news content and videos submitted by others. You understand that whether or not such User Submissions are published, YouSport.com does not guarantee any confidentiality with respect to any User Submissions.
  1. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize YouSport.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the YouSport.com Website and these Terms of Use. You will not submit material that is copyrighted, protected by trademark, trade secret, or patent, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant YouSport.com all of the license rights granted herein.
  2. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to YouSport.com, you grant YouSport.com a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouSport.com Website and YouSport.com’s (and its successors’ and affiliates’) business, including without limitation for the purpose of promoting and redistributing part or all of the YouSport.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the YouSport.com Website a non-exclusive license to access your User Submissions through the YouSport.com Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the YouSport.com Website and under these Terms of Use.
  3. YouSport.com may provide a facility for you to remove or delete certain User Submissions from the visible YouSport.com Website. You understand and agree that YouSport.com may nevertheless retain server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Submissions are perpetual and irrevocable. YouSport.com has no obligation to remove, delete, or prevent access to User Submissions that have been lawfully submitted by YouSport.com users, and YouSport.com will not be liable to you or any third party for any lawful User Submissions that remain on the YouSport.com Website after a user requests to remove it.
  4. You will not, in connection with User Submissions, submit material that is contrary to the YouSport.com Community Guidelines, updated from time to time, or contrary to applicable local, national, and international laws and regulations.
  5. YouSport.com does not endorse any User Submission or any opinion, recommendation, or advice expressed in a User Submission, and YouSport.com expressly disclaims any liability in connection with User Submissions. YouSport.com does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and YouSport.com will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. YouSport.com reserves the right to remove Content and User Submissions without prior notice.
  6. YouSport.com reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. YouSport.com may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
  7. YouSport.com respects the intellectual property of others. It is YouSport.com’s policy to respond expeditiously to claims of copyright and other intellectual property infringement, including appropriate action in response to notices under the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, please see the YouSport.com Copyright Infringement Notification Policy for information on submitting a notification pursuant to the DMCA.

Warranty Disclaimer

THE YouSport.com WEBSITE, CONTENT, AND OTHER SITE FEATURES ARE PROVIDED ON AN "AS IS" BASIS. YOUR USE OF THE YouSport.com WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YouSport.com, Inc., ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND YOUR USE OF IT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YouSport.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE YouSport.com WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE YouSport.com WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1)†ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2)†PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3)†ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)†ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5)†ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (6)†ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YouSport.com WEBSITE. YouSport.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YouSport.com WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND YouSport.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL YouSport.com, Inc., ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATING TO YOUR ACCESS TO AND USE OF THE YouSport.com WEBSITE OR INABILITY TO ACCESS AND USE THE WEBSITE, UNDER WARRANTY, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YouSport.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF NOTWITHSTANDING THIS LIMITATION, YouSport.com HAS ANY LIABILITY TO YOU, THE AGGREGATE LIABILITY OF YouSport.com FOR ANY CAUSE WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100).

YOU SPECIFICALLY ACKNOWLEDGE THAT YouSport.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The YouSport.com Website is controlled and offered by YouSport.com, Inc. from its facilities in the United States of America. YouSport.com makes no representations that the YouSport.com Website is appropriate or available for use in other locations. Those who access or use the YouSport.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

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 AND MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold harmless YouSport.com, Inc., its managers, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the YouSport.com Website; (2) your violation of any part of these Terms of Use; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the YouSport.com Website.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, because the YouSport.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the YouSport.com Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms of Use, and any rights and licenses granted under them, may not be transferred or assigned by you, but may be assigned by YouSport.com without restriction.

General

You agree that: (1) the YouSport.com Website shall be deemed solely based in Washington; and (2)†the YouSport.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over YouSport, either specific or general, in jurisdictions other than Washington. These Terms of Use shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and YouSport.com that arises in whole or in part from the YouSport.com Website shall be decided exclusively by a court of competent jurisdiction located King County, Washington. These Terms of Use, together any other legal notices published by YouSport.com on the YouSport.com Website, constitutes the entire agreement between you and YouSport.com concerning the YouSport.com Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and YouSport's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YouSport.com reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the YouSport.com Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND YouSport.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE YouSport.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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