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Terms and Conditions
Welcome to SponsorSnag, a social networking service that links you with people and information around you regarding extreme sports and allows members to create unique personal profiles online for the purpose of rating and reviewing athletes. In turn, top-rated athletes will receive either prizes or a sponsorship via sponsors (the “Sponsors”), a sponsorship via SponsorSnag and/or recognition by a third party company. The SponsorSnag service (collectively, including all Content available through the SponsorSnag.com, “Website” or “the Service”) is owned and operated by SponsorSnag, LLC and its corporate affiliates (collectively, “us”, “we”, “our”, or “the Company”). By using and/or visiting this website, you signify that you have read, understand and agree to be legally bound by these Terms and Conditions (“Terms of Use” or “Agreement”) including but not limited to our Privacy Policy, which is available at http://skate.sponsorsnag.com/privacy_policy.php. This Agreement applies to all users (“Users”), i.e. visitors (“Visitors”), which means that you just browse the SponsorSnag Website, and/or members (collectively, “Members” or “Membership“), which means that you have registered with SponsorSnag. Your continued use of the Service constitutes your compliance with the Terms of Use. If you do not agree with the Terms and Conditions, leave the Website and discontinue use of the Service immediately. We reserve the right, at our sole discretion, to change, modify, add, or delete any and all portions of this Agreement at any time without further notice. Therefore, it is in your best interest to frequently review these Terms and Conditions for any change that may have occurred. A modification date will be posted on the top of this page if and when any changes are made. You agree to be bound to any changes to this Agreement when you use the Website after any such modification is posted. Eligibility Membership in the Service is void where prohibited. The SponsorSnag Website is exclusively for Users who are either eighteen (18) years of age and older, an emancipated minor, or has legal parental or guardian consent. Anyhow, you represent and warrant that you are over the age of 13 and that you agree to abide by all the terms and conditions of the Agreement. You understand that SponsorSnag may at any time, with or without notice and without limitation, cancel your membership, delete your profile, and erase any content that you may have posted. If we suspect that you provided false and/or inaccurate registration information, your membership may be also be canceled, your profile deleted, and any information that you published removed according to the sole discretion of the Service. Intellectual Property Rights All content on the SponsorSnag Website, except all User Content (as defined below), including without limitation, the text, software, scripts, graphics, pictures, music, videos, interactive features, sounds and their files, their selection and arrangement, and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are the proprietary property of the Company, its Users or its licensors with all rights reserved. The Content and Marks are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Content is for personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, posted, modified, framed, republished, downloaded, or otherwise exploited for any purpose in any form or by any means, in whole or in part, without the Company’s prior written consent of the respective owners. We reserves all rights not expressly granted in and to the Website. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SponsorSnag Website or the Content therein. This license is revocable at any time without notice and with or without cause. User Content The SponsorSnag Website may now or in the future permit the submission of videos (“Videos”, “Footage”) or any other communications submitted by you and other users (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You agree that SponsorSnag does not guarantee any confidentiality regarding Content. You also understand that you are solely responsible for the pictures, profiles, messages, notes, text, information, music, videos, advertisements and any other content that you upload, publish or display (hereinafter, “post”) on or through the Service, or transmit to or share with other Users. In connection with User Content, you represent, and/or warrant that: (1) you own or have the necessary licenses, rights, consents, permissions to use and authorize SponsorSnag to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms and Conditions; and (2) you have written consent, release, and/or permission of each and every identifiable person to enable inclusion and use of the User Content in the manner contemplated by the Service and these Terms and Conditions. The Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation User Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You hereby give the Company a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Service. By posting User Content you automatically grant irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty free, worldwide license (with the right to sublicense) to use, copy, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such as User Content, and to permit and authorize sublicenses of the foregoing. You continue to retain all ownership rights in such Content posted on the SponsorSnag Website. The foregoing license will automatically expire if you choose to remove or delete your User Content from the Website. You further agree that you will not: (1) submit material that is copyrighted, protected by trade secret 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 SponsorSnag all of the license rights granted herein; (2) publish falsehoods or misrepresentations that could damage the Company or any third party; (3) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (4) post advertisements or solicitations of business; (5) impersonate another person; (6) post offensive subject matter containing a link to an adult website; (7) transmit “junk mail,” “chain letter,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; (8) publicize restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (9) conduct commercial activities and/or sales without our prior written consent such as sweepstakes, barter, advertising, or pyramid schemes. You will be solely responsible for your own User Content and the consequences of posting them. SponsorSnag reserves the right to remove any User Content that it deems necessary without prior notice and at its sole discretion. We will also terminate a User’s membership, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Content removed from the Website more than twice. The Company reserves the right to decide whether a User Content is appropriate and complies with the Terms and Conditions. You understand that when using the SponsorSnag Website, you will be exposed to User Content from a variety of sources, and that SponsorSnag is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SponsorSnag with respect thereto, and agree to indemnify and hold the Company, its owners/operators, affiliates, and/or licensors, harmless o the fullest extent allowed by law regarding all matters related to your use of the Website. SponsorSnag provides an “Embeddable Player” feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the SponsorSnag website on the pages containing the Embeddable Player. We reserve the right to suspend any aspect of the SponsorSnag Website at any time. Copyright Policy If you are a copyright owner or an agent thereof and believe that any User Content or other post infringes upon your copyrights, please provide our Copyright Agent with the following information: (i) a description of the copyrighted work that you claim has been infringed; (ii) a description of where the material that you claim is infringing is located on the SponsorSnag Services; (iii) your address, telephone number and email address; (iv) a written statement by you that you have a good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information is your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; (vi) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. Notice of claims regarding copyright infringement are reviewed by SponsorSnag’s Copyright Agent who can be reached at the following: SponsorSnag, LLC Attn: Copyright Agent 2643 Zarthan Ave S St. Louis Park, MN 55416 -or- Email: copyright@sponsorsnag.com For clarity, only notifications pursuant to the Digital Millennium Copyright Act (“DMCA”) should go to the Copyright Agent, any other feedback, comments, requests for technical support, and other communications should be directed to SponsorSnag customer service through http://skate.sponsorsnag.com/contact.php. You acknowledge that if you fail to comply with all of the requirements of this Copyright Policy, your DMCA notice may not be valid. User Disputes You are solely responsible for your interactions with other SponsorSnag Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Warranty Disclaimer YOUR USE OF THE SPONSORSNAG WEBSITE SHALL BE AT YOUR OWN RISK. SPONSORSNAG, ITS DIRECTORS, OFFICERS, AGENTS, PARTNERS, CONTRACTORS, AND EMPLOYEES DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE. Privacy Policy Users of the SponsorSnag Service are bound by our Privacy Policy too, which is located at http://skate.sponsorsnag.com/privacy_policy.php and built-in into these Terms and Conditions by this reference. Limitation of Liability IN NO EVENT SHALL SPONSORSNAG, LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE. SPONSORSNAG’S LIABILITY IS LIMITED TO THE AMOUNT OF MONEY PAID BY YOU TO THE SPONSORSNAG SERVICES DURING YOUR MEMBERSHIP PERIOD, IF ANY, REGARDLESS OF THE FORM OF THE ACTION. BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1000. Assignment Any rights granted in these Terms and Conditions may not be transferred by or to you, but may be assigned by SponsorSnag without restriction. Indemnity You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their respective directors, officers, agents, partners, contractors, and employees, harmless from and against any loss, liability, obligations, claims, damages, costs and expenses, demand (including but not limited to reasonable attorney’s fees) arising out of or in connection from: (i) your use of the SponsorSnag Services; (ii) any Third Party Content you post or share using the Website; or (iii) your violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth. Building/Property Owners SponsorSnag recognizes the rights of property owners. Therefore, if it is determined that a street spot listed within Sponsorsnag promotes the direct violation of the rights of a building/property owner, the spot will be removed without question. It is important to note however that SponsorSnag makes no attempt to determine these property rights for each spot listed. Instead, we have created a system so that individuals whom claim to have there property rights in violation can easily contact SponsorSnag to remove their spot. SponsorSnag will then provide every reasonable technique to ensure that the information for the removed "Street Spot" is not listed again. Disputes All disputes, controversies, or claims arising out of or relating to this agreement shall be submitted binding arbitration in accordance with the applicable rules of the American Arbitration Association (the “AAA”) then in effect. This agreement shall be interpreted under the laws of the State of Minnesota. Any litigation under this agreement shall be resolved in the state and federal courts of the State of Minnesota. Any cause of action arising out of or related to the SponsorSnag Service must begin within one (1) year after the cause of action occurs. Otherwise, such cause of action is permanently barred. Date Modified These Terms and Conditions were last modified on January 8, 2008. |
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