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TERMS OF USE
Welcome to LASoccerNews.com
(the "Website"). The following terms of services ("TOS")
apply to your use of the Website, including your use of or access
to any Basic Services, Pay Services and Content (all as defined
below and collectively referred to as the "Services")
available through the Website. Please read the TOS carefully before
using or accessing the Website, the Services or the Content. By
using or accessing the Website, the Services or the Content, you
signify your agreement to the TOS. Your use of or access to the
Website, the Services or the Content is also subject to all applicable
laws and regulations. If you do not agree to any of the terms or
conditions in the TOS, you should not use or access the Website,
the Services or the Content. Your use of or access to the Website,
the Services or the Content is also governed by our Privacy Policy,
which is available through a link on our home page at http://www.
LASoccerNews.com and is hereby incorporated into the TOS.
The TOS was last modified on August 12, 2004.
A. TERMS OF SERVICE APPLICABLE TO THE BASIC SERVICES, THE PAY SERVICES
AND ALL USERS OF THE WEBSITE.
1. TERMS OF SERVICE
Sports Vue Internet.com, Inc., dba Sports Vue Interactive Media,
provides the Website, the Content and the Services to you subject
to the TOS. Sports Vue Interactive Media may amend the TOS from
time to time without notice to you, but if it does so, it will post
the amended TOS on the Website at http://www. PhillySoccerNews.com/site/terms.htm.
We encourage you to review the TOS from time to time for possible
changes. Your continued use of or access to the Website, the Services
or the Content after any amendment of the TOS signifies your agreement
to the amended TOS. In addition, when using or accessing any Services
or any Content, you will be subject to any additional posted guidelines
or rules applicable to such Services or Content. All such additional
guidelines or rules are hereby incorporated by reference into the
TOS.
2. SERVICES AND CONTENT
Sports Vue Interactive Media may update, delete or otherwise modify
any interactive and non-interactive features and services on PhillySoccerNews.com
from time to time at the Company's sole discretion. In addition,
Sports Vue Interactive Media also provides access to photographs,
text, images, logos and other media and intellectual property related
to or otherwise associated with the company or LASoccerNews.com.
Unless stated otherwise, the Website, the Services and the Content
are subject to the TOS. You understand and agree that the Website,
the Services and the Content are provided "AS-IS" and
that Sports Vue Interactive Media assumes no responsibility in connection
with your use of the Website, the Services or the Content. The Website,
the Services and the Content are provided for your personal, non-commercial
use, entertainment and enjoyment. Under the TOS, you may download
certain Content and Services available on the Website to a single
personal computer. Further, you may not distribute, modify, republish
or publicly display any of the Content or Services unless you have
the prior written permission of Sports Vue Interactive Media, which
permission may be withheld at Sports Vue Interactive Media's sole
discretion.
3. ACCESS TO SERVICES
In order to use the Website or the Services or access the Content,
you must obtain access to the World Wide Web and pay any access
fees which are associated with the Pay Services as applicable. In
addition, you must provide all equipment necessary to make such
connection to the World Wide Web, including a computer and modem
or other access device.
4. BACKGROUND INFORMATION
In order to use some of the Services, you may be required to register
with Sports Vue Interactive Media by providing certain information
about yourself, including your name and e-mail address. In consideration
of your use of the Services which require registration, you agree
to: (a) provide true, accurate, current and complete information
about yourself as requested in connection with the provision of
and/or registration for any of the Services, subject to all applicable
laws. If you provide any information that is untrue, inaccurate,
incomplete or not current, or Sports Vue Interactive Media has reasonable
grounds to suspect that such information is untrue, inaccurate,
incomplete or not current, Sports Vue Interactive Media has the
right to suspend or terminate your password and refuse any and all
current or future use of the Services.
5. PRIVACY POLICY
All information collected about you during registration for use
of the Services will be used in accordance with our Privacy Policy
and all applicable laws. You may view our privacy policy at http://www.
LASoccerNews.com/site/privacy.html.
6. USER CONDUCT
You agree that in connection with your use of the Website, the Services
and the Content you will not:
a. upload, post, email or otherwise transmit any content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of anyone's privacy, hateful,
or racially, ethnically or otherwise objectionable;
b. harm or attempt to harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, an official or employee of Sports Vue Interactive Media or any
person or entity with whom you are not legitimately affiliated,
or falsely state or otherwise misrepresent your affiliation with
a person or entity;
d. upload, post, email or otherwise transmit any content that you
do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information or proprietary
or confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
e. upload, post, email or otherwise transmit any content that infringes
any patent, trademark, trade secret, copyright or other intellectual
property right of any party;
f. upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes"
or any other form of solicitation;
g. upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
h. interfere with or disrupt the Website, the Services, the Content
or servers or networks connected to the Website, the Services or
the Content, or disobey any requirements, procedures, policies or
regulations of networks connected to the Website, the Services or
the Content; or
i. intentionally or unintentionally violate any applicable local,
state, national or international law.
7. USER MESSAGES
a. With respect to any messages, information, data, graphics, photographs,
images, creative ideas, concepts, know-how, techniques, suggestions
or improvements or other content that you transmit, submit, post
or upload to the Website and/or in connection with any of the Services
(each, a "Message"), you are, by transmitting or uploading
such Message, granting Sports Vue Interactive Media a perpetual,
royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable
right and license to use, reproduce, modify, publish, translate,
prepare derivative works based upon, and distribute such Message
for any purpose and in any form. This license is granted automatically
and no payment of any kind will be due to you. At times, Sports
Vue Interactive Media may solicit Messages from users. Your provision
of any such Messages in response to a solicitation by Sports Vue
Interactive Media shall be subject to a grant of a license to Sports
Vue Interactive Media as specified above.
b. When any user posts any material to the Website or any of the
Services, Sports Vue Interactive Media shall have the right, but
not the obligation, in its sole discretion, to review, edit or delete
any Message for any reason in Sports Vue Interactive Media's sole
discretion. It is Sports Vue Interactive Media's policy to fully
cooperate with law enforcement authorities and court orders which
request or require Sports Vue Interactive Media to disclose personal
information or the postings of anyone posting material to the Website
or any of the Services. Although Sports Vue Interactive Media may
monitor and/or review posted material from time to time, it is under
no obligation to do so and does not assume any liability or responsibility
with respect to any postings, including those that contain errors,
defamatory content, pornography, profanity or inaccuracies.
c. You acknowledge and agree that Sports Vue Interactive Media may
preserve Messages and may also disclose Messages if required to
do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any Message
violates the rights of third parties; or (d) protect the rights,
property or personal safety of Sports Vue Interactive Media, its
users and the public. You understand that the technical processing
and transmission of the Services, including posted materials, may
involve (a) transmissions over various networks and (b) changes
to conform and adapt to technical requirements of connecting networks
or devices.
8. INDEMNITY
You agree to indemnify, defend and hold harmless Sports Vue Interactive
Media and each of its respective officers, directors, governors,
owners, other officials, partners, partnerships, principals, employees,
affiliates and other related entities, servants, agents, representatives,
successors and assigns, from and against any claim or demand, including
reasonable attorneys' fees, arising out of material you post to,
submit or transmit through the Website or the Services, your use
of the Website or the Services, your connection to the Website or
the Services, your violation of the TOS or your violation of any
rights of another.
9. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
Sports Vue Interactive Media reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently,
the Website or the Services (or any part thereof) with or without
notice. You agree that Sports Vue Interactive Media shall not be
liable to you or to any third party for any suspension or discontinuance
of the Website or the Services; provided that Sports Vue Interactive
Media will provide a pro-rata refund for any Pay Services which
are discontinued or otherwise cancelled prior to the conclusion
of the term for which payment has been received.
10. TERMINATION
You agree that Sports Vue Interactive Media, in its sole discretion,
may terminate your use of the Website and/or the Services, and remove
and discard any material posted within the Services, for any reason,
including, without limitation, if Sports Vue Interactive Media believes
that you have violated or acted inconsistently with the letter or
spirit of the TOS. Sports Vue Interactive Media may also in its
sole discretion and at any time discontinue providing the Website
or the Services, or any part thereof, with or without notice. You
agree that any termination of your access to the Services under
any provision of this TOS may be effected without prior notice.
Further, you agree that Sports Vue Interactive Media shall not be
liable to you or any third party for any termination of your access
to the Services other than as expressly provided for in Section
11 in connection with early termination of a Pay Service.
11. LASoccerNews.com ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation
in promotions of, advertisers and vendors found on or through the
Services or the Website, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such advertiser and/or vendor. You agree that Sports Vue
Interactive Media shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers or vendors
on the Website or in connection with the Services. All of your business
dealings with vendors and advertisers appearing on the Website or
in connection with the Services shall be at your sole risk.
12. THIRD PARTY MATERIALS, SERVICES AND EXTERNAL LINKS
The Website and/or the Services may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because
Sports Vue Interactive Media has no control over such sites and
resources, you acknowledge and agree that Sports Vue Interactive
Media is not responsible for the availability of such external sites
or resources and do not endorse and are not responsible or liable
for any content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge
and agree that Sports Vue Interactive Media shall not be responsible
or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any
such site or resource.
You further understand and acknowledge that in some cases, it may
be necessary or desirable to use third party services, software,
technology, data, and/or other content (collectively, "Third
Party Materials") either independently or in connection with
various programs, features or functions available through the Website
and/or the Services. Such Third Party Materials may be downloaded
to and/or stored on your computer or otherwise employed in connection
with the functions and features of the Website and the Services
and you may or may not be notified of the same. Your use of Third
Party Services may be subject to terms of use other than these TOS
and as may be set forth by third party providers, as applicable.
Further, Third Party Materials may appear to be sourced either through
a Sports Vue Interactive Media branded website or through a third
party website. In any event, you agree and acknowledge that Sports
Vue Interactive Media assumes no liability with respect to your
use of such Third Party Materials whether you are aware of their
use or not and whether or not the use of such Third Party Materials
are endorsed or recommended for use by Sports Vue Interactive Media.
13. PROPRIETARY RIGHTS
You acknowledge and agree that (i) the term Sports Vue Interactive
Media and its logo are registered trademarks of Sports Vue Interactive
Media; (ii) all Sports Vue Interactive Media logos and marks as
well as all other proprietary materials depicted on the Website,
the Services and the Content are the property of Sports Vue Interactive
Media or are licensed to Sports Vue Interactive Media and may not
be reproduced without the prior written consent of Sports Vue Interactive
Media (or its designee); and (iii) the Content, including, without
limitation, news articles, press releases, photographs, images and
illustrations, is the property of, or is licensed by, Sports Vue
Interactive Media. You further acknowledge and agree that (i) any
necessary software used in connection with the Website, the Services
and the Content (the "Software") contains proprietary
and confidential information that is protected by applicable intellectual
property and other laws and is either owned by or licensed to Sports
Vue Interactive Media; and (ii) content contained in sponsor advertisements
or information presented to you through the Website, the Services
and the Content or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except
as expressly authorized by Sports Vue Interactive Media or advertisers,
you agree not to reproduce, republish, upload, post, transmit, distribute,
copy, publicly display or otherwise use the Content, the Software
or any derivative works based on the Website, the Services, the
Content or the Software, in whole or in part. You agree not to modify
the Software in any manner or form, or to use modified versions
of the Software, including (without limitation) for the purpose
of obtaining unauthorized access to the Services. You agree not
to access the Services by any means other than through the interface
that is provided by Sports Vue Interactive Media for use in accessing
the Services. Other than a limited right of personal use in connection
with use of the Website, the Services and the Content, you will
have no rights to the Software.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE SERVICES,THE CONTENT AND ANY THIRD
PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES,
THE CONTENT AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. SPORTS VUE INTERACTIVE
MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND
NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
b. SPORTS VUE INTERACTIVE MEDIA MAKES NO WARRANTY THAT (i) THE WEBSITE,
THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL MEET
YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES, THE CONTENT OR
THE THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR
USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY
MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET
YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING
ON THE WEBSITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPORTS VUE INTERACTIVE MEDIA
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF SPORTS VUE INTERACTIVE MEDIA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT
OR ANY OTHER CAUSE OF ACTION, RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD
PARTY MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE WEBSITE, THE SERVICES OR THE CONTENT; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON
THE WEBSITE, THE SERVICES OR IN THE CONTENT, INCLUDING, WITHOUT
LIMITATION, THE POSTING OR TRANSMISSION BY THIRD PARTIES OF DEFAMATORY,
OFFENSIVE OR ILLEGAL MATERIAL; OR (v) ANY OTHER MATTER RELATING
TO THE WEBSITE, THE SERVICES,THE CONTENT OR THE THIRD PARTY MATERIALS.
THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY
DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE
OF PERFORMANCE BY SPORTS VUE INTERACTIVE MEDIA, ITS AFFILIATES AND
BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION
OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER
VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED
ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
16. EXCLUSIONS AND LIMITATIONS
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
16 AND 17 MAY NOT APPLY TO YOU.
17. NOTICE
Sports Vue Interactive Media may provide notices to you via email
or postal mail. Sports Vue Interactive Media may also provide notices
of changes to the TOS or other matters by displaying notices or
links to notices to you generally on the Website or by posting an
amended TOS on the Website. You may provide notices to Sports Vue
Interactive Media by email at mail@sportsvue.net
or by postal mail at Sports Vue Interactive Media, P.O. Box 218,
Atlantic, VA 23303 U.S.A.
19. LINKING TO THE WEBSITE
No link to the Website may be "framed" to the extent such
frame contains any sponsorship, advertising or other commercial
text or graphics. All links to the Website must be to http://www.LASoccerNews.com,
the Website home page. "Deep Linking" to internal pages
of the Website is expressly prohibited without prior permission.
19. GENERAL PROVISIONS
The TOS constitute the entire agreement between you and Sports Vue
Interactive Media and govern your use of the Website, the Services
and access to the Content, superseding any prior agreements between
you and Sports Vue Interactive Media. You also may be subject to
additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The TOS and
the relationship between you and Sports Vue Interactive Media shall
be governed by the laws of the State of Virginia without regard
to its conflict of law provisions. You and Sports Vue Interactive
Media agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Accomac, Virginia. The
failure of Sports Vue Interactive Media or any of its entities to
exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS shall remain in full force and
effect. You agree that, regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related
to use of the Services or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have
no legal or contractual effect.
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