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General
These Terms of Service govern your use of the DFW Sports
Journal.com website (the “Site”) only.
The Site is owned and operated by DFW Sports Journal.com
(“we” or “us”). By using this Site, you agree to be bound by
these Terms of Service and to use the Site in accordance with these
Terms of Service and any additional terms and conditions that may
apply to specific sections of the Site or to products and services
available through the Site. Accessing the Site, in any manner,
whether automated or otherwise, constitutes use of the Site and your
agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose
new conditions on use of the Site, from time to time, in which case
we will post the revised Terms of Service on this website. By
continuing to use the Site after we post any such changes, you
accept the Terms of Service, as modified.
Intellectual Property Rights
DFW Sports Journal.com’s Limited License to You. This Site
and all the materials available on the Site are the property of us
and/or our affiliates or licensors, and are protected by copyright,
trademark, and other intellectual property laws. The Site is
provided solely for your personal noncommercial use. You may not use
the Site or the materials available on the Site in a manner that
constitutes an infringement of our rights or that has not been
authorized by us. More specifically, unless explicitly authorized in
these Terms of Service or by the owner of the materials, you may not
modify, copy, reproduce, republish, upload, post, transmit,
translate, sell, create derivative works, exploit, or distribute in
any manner or medium (including by email or other electronic means)
any material from the Site.
Your License to DFW Sports Journal.com. By posting or
submitting any material (including, without limitation, photos and
videos) to us via the Site, you are representing: (i) that you are
the owner of the material, or are making your posting or submission
with the express consent of the owner of the material; and (ii) that
you are thirteen years of age or older. In addition, when you submit
or post any material, you are granting us, and anyone authorized by
us, a royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide license to use, copy, modify, transmit,
sell, exploit, create derivative works from, distribute, and/or
publicly perform or display such material, in whole or in part, in
any manner or medium, now known or hereafter developed, for any
purpose. The foregoing grant shall include the right to exploit any
proprietary rights in such posting or submission, including, but not
limited to, rights under copyright, trademark, service mark or
patent laws under any relevant jurisdiction. Also, in connection
with the exercise of such rights, you grant us, and anyone
authorized by us, the right to identify you as the author of any of
your postings or submissions by name, email address or screen name,
as we deem appropriate.
Limitations on Linking and Framing. You may establish a
hypertext link to the Site so long as the link does not state or
imply any sponsorship of your site by DFW Sports Journal.com.
However, you may not, without our prior written permission, frame or
inline link any of the content of the Site, or incorporate into
another website or other service any of our material, content or
intellectual property.
Associated Press Materials. Some of the material available on
the Site is provided by the Associated Press. By using this Site you
agree and acknowledge that (1) Associated Press text, photo,
graphic, audio, and/or video material shall not be published,
broadcast, rewritten for broadcast or publication or redistributed
directly or indirectly in any medium and (2) no Associated Press
materials nor any portion thereof may be stored in a computer except
for personal and non-commercial use. The Associated Press will not
be held liable for any delays, inaccuracies, errors or omissions in
its materials or in the transmission or delivery of all or any part
of its materials, or for any damages arising from any of the
foregoing.
Disclaimers
Throughout the Site, we have provided links and pointers to Internet
sites maintained by third parties. Our linking to such third-party
sites does not imply an endorsement or sponsorship of such sites, or
the information, products or services offered on or through the
sites. In addition, neither we nor our any of our respective
affiliates operate or control in any respect any information,
products or services that third parties may provide on or through
the Site or on websites linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE
SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE
SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON
THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or
software necessary to access the Site. You assume the entire cost of
and responsibility for any damage to, and all necessary maintenance,
repair or correction of, that hardware and/or software.
The Site is provided for informational purposes only, and is not
intended for trading or investing purposes, or for commercial use.
Online Commerce
Certain sections of the Site may allow you to purchase many
different types of products and services online that are provided by
third parties. We are not responsible for the quality, accuracy,
timeliness, reliability or any other aspect of these products and
services. If you make a purchase from a merchant on the Site or on a
site linked to by the Site, the information obtained during your
visit to that merchant’s online store or site, and the information
that you give as part of the transaction, such as your credit card
number and contact information, may be collected by both the
merchant and us. A merchant may have privacy and data collection
practices that are different from ours. We have no responsibility or
liability for these independent policies. In addition, when you
purchase products or services on or through the Site, you may be
subject to additional terms and conditions that specifically apply
to your purchase or use of such products or services. For more
information regarding a merchant, its online store, its privacy
policies, and/or any additional terms and conditions that may apply,
visit that merchant’s website and click on its information links
or contact the merchant directly. You release us and our affiliates
from any damages that you incur, and agree not to assert any claims
against us or them, arising from your purchase or use of any
products or services made available by third parties through the
Site.
You agree to be financially responsible for all purchases made by
you or someone acting on your behalf through the Site. You agree to
use the Site and to purchase services or products through the Site
for legitimate, non-commercial purposes only. You also agree not to
make any purchases for speculative, false or fraudulent purposes or
for the purpose of anticipating demand for a particular product or
service. You agree to only purchase goods or services for yourself
or for another person for whom you are legally permitted to do so.
When making a purchase for a third party that requires you to submit
the third party’s personal information to us or a merchant, you
represent that you have obtained the express consent of such third
party to provide such third party’s personal information.
Use of Company Directories
The information contained in any company directories that may be
provided on the Site is provided for business lookup purposes and is
not to be used for marketing or telemarketing applications. This
information may not be copied or redistributed and is provided “AS
IS” without warranty of any kind. In no event will we or our
suppliers be liable in any way with regard to such information.
Interactive Features
This Site may include a variety of features, such as bulletin
boards, web logs, chat rooms, and email services, which allow
feedback to us and real-time interaction between users, and other
features, such as personalized home pages and email services, which
allow users to communicate with others. Responsibility for what is
posted on bulletin boards, web logs, chat rooms, and other public
posting areas on the Site, or sent via any email services on the
Site, lies with each user – you alone are responsible for the
material you post or send. We do not control the messages,
information or files that you or others may provide through the
Site. It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other
user from using and enjoying the Service.
- Use the Site to impersonate any
person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity.
- Interfere with or disrupt any
servers or networks used to provide the Site or its features,
or disobey any requirements, procedures, policies or
regulations of the networks we use to provide the Site.
- Use the Site to instigate or
encourage others to commit illegal activities or cause injury
or property damage to any person.
- Gain unauthorized access to the
Site, or any account, computer system, or network connected to
this Site, by means such as hacking, password mining or other
illicit means.
- Obtain or attempt to obtain any
materials or information through any means not intentionally
made available through this Site.
- Use the Site to post or transmit
any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane or indecent information
of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law.
- Use the Site to post or transmit
any information, software or other material that violates or
infringes upon the rights of others, including material that
is an invasion of privacy or publicity rights or that is
protected by copyright, trademark or other proprietary right,
or derivative works with respect thereto, without first
obtaining permission from the owner or rights holder.
- Use the Site to post or transmit
any information, software or other material that contains a
virus or other harmful component.
- Use the Site to post, transmit
or in any way exploit any information, software or other
material for commercial purposes, or that contains
advertising.
- Use the Site to advertise or
solicit to anyone to buy or sell products or services, or to
make donations of any kind, without our express written
approval.
- Gather for marketing purposes
any email addresses or other personal information that has
been posted by other users of the Site.
You
understand that we have no obligation to monitor any bulletin
boards, chat rooms, web logs, or other areas of the Site through
which users can supply information or material. However, we reserve
the right at all times to disclose any information we believe
necessary to satisfy any law, regulation or governmental request, or
to refuse to post or to remove any information or materials, in
whole or in part, that in our sole discretion are objectionable or
in violation of these Terms of Service. We also reserve the right to
deny access to the Site or any features of the Site to anyone who
violates these Terms of Service or who, in our sole judgment,
interferes with the ability of others to enjoy our website or
infringes the rights of others.
Classified Advertising
When you submit a classified ad for publication on the Site, you
agree that the advertisement as it appears on the Site becomes our
property and you assign all ownership interest in the advertisement
as it appears on the Site under copyright law or otherwise to us.
Submission of an advertisement does not constitute a commitment to
publish the advertisement, and publication of an advertisement does
not constitute an agreement for continued publication. We will
accept only standard abbreviations and require proper punctuation.
We reserve the right to edit, reclassify, revise, reject or cancel
any advertisement at any time, in our sole discretion. Rates and
specifications are subject to change.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR
THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH
THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF
SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE
LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON
THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination
We may cancel or terminate your right to use the Site or any part of
the Site at any time without notice. In the event of cancellation or
termination, you are no longer authorized to access the part of the
Site affected by such cancellation or termination. The restrictions
imposed on you with respect to material downloaded from the Site,
and the disclaimers and limitations of liabilities set forth in
these Terms of Service, shall survive.
Other
This agreement constitutes the entire agreement between us and you
with respect to the subject matter contained in this agreement and
supersedes all previous and contemporaneous agreements, proposals
and communications, written oral. You also may be subject to
additional terms and conditions that may apply when you use the
products or services of a third party that are provided through the
Site. In the event of any conflict between any such third-party
terms and conditions and these Terms of Service, these Terms of
Service shall govern. This agreement shall be governed by and
construed in accordance with the laws of the State of Texas without
giving effect to any principles of conflicts of law. If any
provision of this agreement shall be unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and
enforceability of any remaining provisions.
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