Sports Fan Podcasts - Terms of Use
The following rules govern the use by you of SportsFanPodcasts.com. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on SportsFanPOdcasts.com (collectively, "Information"). BY SIGNING ON AND USING SPORTSFANPODCASTS.COM, YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO.
1. Personal Uses Permitted.
SportsFanPodcasts.com is an online sports exchange service for use by the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.
2. User's Obligation to Abide By Applicable Law.
In connection with the use of SportsFanPodcasts.com, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The Information available on SportsFanPodcasts.com may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
While the Owners of SportsFanPodcasts.com encourage bloggers, podcasters, and other entities to link to the Site with proper attribution (for example, a link in a blog to the Site or the mention of the Site in an audio podcast) the reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent in e-mail from the Owners or unless it is expressly permitted by this Site (for example, using the "Send to a Friend" page to transmit a link to the Site via your personal e-mail). The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, and audio material available on this Site. Posting any materials copied from this Site onto any other web site or networked computer environment without the written permission of the Owners is prohibited.
3. Disclosure of Online Communications.
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of SportsFanPodcasts.com may, in the course of their regular duties, have access to communications for technical or operational purposes. SportsFanPodcasts.com may also disclose any communications to the extent permitted or required by law.
4. Prohibition Against Rogue Programming.
You shall not post, transmit or make available in any way through SportsFanPodcasts.com any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming ("Rogue Programming"). SportsFanPodcasts.com has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on SportsFanPodcasts.com is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
5. Content of Information.
You are responsible for the content of any Information you put on SportsFanPodcasts.com. The Information posted to SportsFanPodcasts.com does not necessarily reflect the views of SPORTSFANPODCASTS.COM and in no event shall SPORTSFANPODCASTS.COM assume or have any responsibility or liability for any information posted to SPORTSFANPODCASTS.COM or for any claims, damages or losses resulting from the use and/or appearance of such information on SPORTSFANPODCASTS.COM. SPORTSFANPODCASTS.COM has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on SPORTSFANPODCASTS.COM. SPORTSFANPODCASTS.COM reserves the right to review any Information that is or becomes available on SPORTSFANPODCASTS.COM. SPORTSFANPODCASTS.COM reserves the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in SPORTSFANPODCASTS.COM's sole discretion, unacceptable, undesirable or in violation of these rules. SPORTSFANPODCASTS.COM has no obligation to exercise such reservation of rights by SPORTSFANPODCASTS.COM; however, SPORTSFANPODCASTS.COM has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the SPORTSFANPODCASTS.COM ONLINE® system or network who are repeat infringers. SPORTSFANPODCASTS.COM may terminate access for content providers or forum participants who are found repeatedly to provide or post protected material without necessary rights and permissions. By submitting information to SPORTSFANPODCASTS.COM, you grant SPORTSFANPODCASTS.COM a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. While SPORTSFANPODCASTS.COM strives to provide users with the highest-quality related resources on all of its sites, we cannot and do not ensure the quality or accuracy of the non-SportsFanPodcasts.com. content to which we link.
*6. Podcasts.
The audio files that are posted on SportsFanPodcasts.com (herein referred to as the "podcast") are protected by U.S. and international copyright laws. All rights to podcast(s) originating from the producer, including the content and technology included therein, are reserved to the producer. You may link to SportsFanPodcasts.com or its connecting pages from your personal Web site and audio files may be downloaded and played on any system for personal, noncommercial purposes, provided that, unless permission to do so is expressly stated: (a) you do not modify or delete any of the podcast content nor individual audio files; (b) you do not redistribute the audio files made available as part of the podcast nor any audio file downloaded from SportsFanPodcasts.com;
(c) the use or display does not suggest that SportsFanPodcasts.com or its client(s) promotes or endorses any third party views, Web sites, products or services;
(d) audio files made available for download are not to be re-produced, edited, re-transmitted, or in any way repurposed.
For questions, please editor@sportsfanpodcasts.com.
The SportsFanPodcasts.com may modify any of the terms and conditions contained herein, at any time and at our sole discretion, and such terms and conditions will become binding when placed online.
Under no circumstances shall the podcast producer, SportsFanPodcasts.com be liable to any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the podcast(s).
7. Disclaimer
SportsFanPodcasts.com is provided as an “AS IS” basis without any warranties of any kind, either express or implied, including without limitation warranties of title, noninfringement, or implied warranties. Nor does SportsFanPodcasts.com warrant that any podcasts located on the site are complete or accurate or will be free of any interruption.
8. Limitation of Damages.
Under no circumstances, including negligence, shall SportsFanPodcasts.com be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use SportsFanPodcasts.com, including without limitation use of or reliance on information available on SportsFanPodcasts.com, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance.
9. Release and Indemnity.
You hereby release and waive any and all claims and/or liability against SportsFanPodcasts.com arising from or in connection with your use of SportsFanPodcasts.com. You also agree to defend, indemnify and hold harmless, SportsFanPodcasts.com. You hereby release and waive any and all claims and/or liability against SportsFanPodcasts.com arising from or in connection with your use of SportsFanPodcasts.com. You also agree to defend, indemnify and hold harmless SportsFanPodcasts.com from and against any and all claims or liability, including costs and attorneys fees arising from or in connection with your use of SportsFanPodcasts.com.
10. Modifications.
These rules may be modified by SportsFanPodcasts.com from time to time and such modifications will be binding on you when placed online.
You acknowledge that the Site, the Owners, any third-party content providers, their parents and affiliates together with their respective employees, agents, directors, officers and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that the Owners is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
11. TERMINATION:
The Owners reserves the right to immediately terminate your use of, or access to, this Site at any time if the Owners decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that the Owners considers to be inappropriate or unacceptable. |
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