You should carefully read these Terms of Use before using
Star Sporting Good's ("VolleyballSeek.com") WEB SITE (the
"WEB SITE").
By using the WEB SITE or by indicating your agreement by
clicking the Accept button, you agree to be bound by these Terms of Use. This is
a legally binding agreement. If you do not agree with the Terms of Use, you
should not use the WEB SITE and must click the Reject button instead. In
addition, by registering for VolleyballSeek's membership services (the
"Services"), the individual or the organization registered may access the
Services via the Internet and shall transact business according to these Terms
of Use as a member of the Services.
VolleyballSeek provides the Services to its registered
subscribing members subject to these Terms of Use, which may be updated at
any time. Whether a registered subscribing member or not, VolleyballSeek
recommends that you periodically review the Terms of Use as your continued use
of this WEB SITE for any of VolleyballSeek's services provided on this WEB SITE or
on any other mirror WEB SITEs indicates your acceptance of any changes or
amendments to these Terms of Use.
EXCEPT AS EXPRESSLY STATED OTHERWISE, WITH RESPECT TO VOLLEYBALLSEEK'S WEB SITE AND SERVICES,
ALL INFORMATION AND CONTENT ON THE WEB SITE IS OFFERED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTY OR CONDITION WHATSOEVER, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, OR QUALITY OF SERVICE. Some states do not allow limitations on how long
an implied warranty lasts, so the above limitation may not apply to you. This limited warranty
gives you specific legal rights, and you may also have other legal rights which vary from
jurisdiction to jurisdiction.
- Copyright and Trademark.
Unless otherwise noted, all materials on this WEB SITE are
protected by laws relating to copyright, trade dress, trademarks, trade names
and other proprietary rights and are owned by VolleyballSeek and/or its
subsidiaries and affiliates or by other parties that have licensed their
material to VolleyballSeek.
Trademarks: Display of VolleyballSeek marks and notices
associated with these marks is not intended to be a comprehensive compilation
of all VolleyballSeek's worldwide proprietary ownership rights, whether
registered or unregistered; and VolleyballSeek may own or control other
proprietary rights in one or more countries outside of Canada or the United
States. Any names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
Copyright Notice: Copyright Ó
1999-2004 Star Sporting Goods, 16077 MCR 19, Fort Morgan, Colorado,
80701. All rights reserved.
Notices and Procedures for Making Copyright Infringement
Claims: In accordance with Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright infringement should be sent
immediately to:
Brian Grennan
Star Sporting Goods
16077 MCR 19
Fort Morgan, CO 80701
Or email to: support@volleyballseek.com
All rights not expressly granted by VolleyballSeek are
reserved.
- Use of the WEB SITE by You.
VolleyballSeek agrees to provide access to the WEB SITE to you
in accordance with the Terms of Use. In consideration therefor, you shall:
- use the WEB SITE in the manner consistent with any and all applicable
laws, rules and regulations in the jurisdictions in which you access the
WEB SITE and in the jurisdiction in which the WEB SITE is hosted;
- acknowledge that use of the information or content included on this
WEB SITE is for informational purposes only;
- not distribute, publish, transmit, modify, display or create derivative
works from or exploit the contents of this WEB SITE in any way;
- indemnify, defend and hold harmless VolleyballSeek from any and all
unauthorized uses that you or anyone accessing the WEB SITE by you, directly
or indirectly, may make of any material on the WEB SITE;
- acknowledge that the unauthorized use of the contents of this WEB SITE
could cause irreparable harm to VolleyballSeek and that in the event of an
unauthorized use, VolleyballSeek shall be entitled to an injunction, in
addition to any other remedies available at law or in equity, to prevent
such irreparable harm and that the balance of convenience in preventing such
use rests with VolleyballSeek;
- regularly review the Terms of Use and ensure that all individuals
authorized to use the WEB SITE including the Services, by you, are informed
of modifications or changes to the Terms of Use;
- ensure that all information and data entered on the WEB SITE is
legitimate and correct, promptly update address and contact information,
respond to requests and/or messages from other Services members in a timely
manner, and review notices sent by VolleyballSeek in a timely manner and
respond in a reasonable fashion;
- only use this WEB SITE if you are legally able to make binding contracts
under applicable law;
- be authorized to download copies of the material on the WEB SITE on one
computer for your personal, non-commercial use only, but you may not in
doing so remove or amend any trademark, copyright, other proprietary notice
or any other intellectual property; and
- acknowledge that no intellectual property or other rights to the
contents, works, or materials on the WEB SITE or with respect to the Services
shall be transferred to you.
- Restrictions on Use.
Subject to Section 2(j) herein, you may not modify, copy,
distribute, republish or upload any of the contents, works, or materials on
this WEB SITE without VolleyballSeek's prior written consent.
- Information Provided by You.
Any information provided by you to VolleyballSeek or to other
members of the Services in any public message area, during a transaction with
another member, is the sole responsibility of yourself. You shall not provide
any information to the Services or on the WEB SITE in any manner that is
unlawful, defamatory, abusive or obscene. You agree that you shall not submit
anything to the WEB SITE that will violate any right of any third party
including copyright, trademark, patent, privacy or other personal or
proprietary rights. You acknowledge and accept that VolleyballSeek is unable
to guarantee the integrity of communications over the Internet and therefore
you waive any claim against VolleyballSeek resulting from a third party
interception of or interference with any communications with or from the
Services or the WEB SITE.
While VolleyballSeek appreciates your interest in its
success, VolleyballSeek does not want and cannot accept any ideas that you
consider to be proprietary regarding designs, product or service technology or
other suggestions you may have developed. As a result, any material that you
submit to this WEB SITE will be deemed to be a grant of a royalty-free,
non-exclusive, worldwide, perpetual right to license, use, reproduce, modify,
display, transmit, adapt, publish, translate, distribute, and create
derivative works from such materials and information in any medium now or
hereafter devised, in that material to VolleyballSeek. In addition, any moral
rights in such materials or works have been waived by you.
- Links.
Where VolleballSeek provides hypertext links to other
WEB SITEs, it does so for information and convenience purposes only and such
links are not endorsements by VolleyballSeek of any content, products or
services on such WEB SITEs and VolleyballSeek accepts no liability nor makes
any endorsement or approval of the same.
- Privacy.
For an explanation of VolleyballSeek's practices and policies
related to the collection, use and storage of its members information, please
read its Privacy Policy.
VolleyballSeek acknowledges that it may for marketing
purposes collect, process and transmit data obtained from and about you in the
course of your accessing the WEB SITE.
BY AGREEING TO THESE TERMS OF USE, YOU AGREE TO SUCH DATA
BEING SO USED AND FURTHER AGREE THAT IT MAY BE TRANSMITTED TO OTHERS, WHETHER
OR NOT WITHIN THE UNITED STATES OR CANADA.
- Disclaimer.
VolleyballSeek does not guarantee that the functions
contained in this WEB SITE will be uninterrupted, accurate, or error-free, that
this WEB SITE or its server will be free of viruses or other harmful
components, or that the effects will be corrected even in VolleyballSeek is
aware of them.
VolleyballSeek does not guarantee the accuracy or reliability
of any of the information or content contained on, distributed to or linked,
downloaded, or accessed from this WEB SITE. You hereby acknowledge that any
reliance upon any of the information on this WEB SITE shall be at your own risk
and expenses.
EXCEPT AS EXPRESSLY STATED OTHERWISE, WITH RESPECT TO
VOLLEYBALLSEEK'S SERVICES, ALL CONTENT OF THE WEB SITE ARE OFFERED ON AN "AS
IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED.
VOLLEYBALLSEEK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF ACCURACY,
COMPLETENESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Certain
states or jurisdictions do not allow limitations on implied warranties so the
above disclaimer may not fully apply to you.
- Limitation of Liability.
IT IS UNDERSTOOD AND AGREED THAT VOLLEYBALLSEEK'S LIABILITY
AND YOUR SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE AMOUNT THAT YOU PAID
TO ACCESS THIS WEB SITE FOR THE CURRENT TRANSACTION, IF ANY. UNDER NO
CIRCUMSTANCES SHALL VOLLEYBALLSEEK BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO,
INJURY OR DAMAGES RESULTING FROM USE OF THIS WEB SITE, DAMAGE TO OR LOSS OF
EQUIPMENT, LOSS OF DATA OR PROFITS, ANY INTERRUPTIONS, DEFECTS, DELAYS, OMISSIONS OR FAILURE OF
TRANSMISSIONS, COMPUTER VIRUS, OR FAILURE TO CONNECT, EVEN IF VOLLEYBALLSEEK
HAS BEEN NEGLIGENT OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some
states do not allow the exclusion or limitation of indirect, special,
incidental, exemplary, punitive or consequential damages, so the above limitation or
exclusion may not apply to you.
- Minors.
VolleyballSeek asks that parents supervise their children
while on-line. No information shall be posted by minor children without
parental consent and minors are not eligible to be Services members. If
VolleyballSeek becomes aware of a minor having registered for Services
membership, VolleyballSeek shall in its sole discretion terminate the
membership immediately.
- Exchange of Information.
To the extent that the WEB SITE provides you an opportunity to
post and exchange information, ideas and opinions, BE ADVISED THAT
VOLLEYBALLSEEK DOES NOT SCREEN, EDIT OR REVIEW POSTINGS PRIOR TO THEIR
APPEARANCE ON THIS WEB SITE, and such information does not necessarily reflect
VolleyballSeek's views.
To the fullest extent permitted by applicable laws,
VolleyballSeek excludes all responsibility and liability for any such
information or for any losses or expenses resulting from the use and/or
appearance on this WEB SITE. In addition, VolleyballSeek reserves the right,
but not the obligation, to monitor all materials posted on this WEB SITE and to
remove any which it considers in its sole discretion to be offensive or
otherwise in breach of the Terms of Use.
- Termination.
VolleyballSeek in its sole discretion, may terminate, cancel,
suspend, limit, discontinue, amend and/or deactivate, either temporarily or
permanently, all or any part of the Services or of any services provided on
this WEB SITE to any or all of its members.
- General.
The Terms of Use will be governed and interpreted pursuant to the laws of the
Province of Alberta, Canada, notwithstanding any principals of conflicts of law.
The Terms of Use contain the entire agreement and understanding between
VolleyballSeek with respect to its WEB SITE and you. VolleyballSeek may revise
these Terms of Use at any time by updating them without notification to you.
Should any part of the Terms of Use be declared invalid or unenforceable by a
court of competent jurisdiction, this shall not affect the validity of any
remaining portion and such remaining portion shall remain in full force and
effect as if the invalid portion of the Terms of Use had been
eliminated.