ALL-ABOUTSPORTS.COM SERVICE USER AGREEMENT
Acceptance of User Agreement.
1. By registering for and/or using the
Services in any manner, including but unlimited to visiting or browsing the Site,
you allow to this User Agreement and all other operating rules, policies and
procedures that may be published from time to time on the Site by us, each of
which is associated by reference and each of which may be updated from time to
time without notice to you.
2. Certain of the Services may be
subject to additional terms and conditions specified by us from time to time;
your use of such Services is subject to those additional terms and conditions,
which are associated into this User Agreement by this reference.
3. This User Agreement applies to all
users of the Services, including, without limitation, users who are
contributors of content, information, and other materials or services,
registered or otherwise.
4. ARBITRATION NOTICE AND CLASS ACTION WAIVER:
APART FROM CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION
BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE DEALT BY BINDING,
INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO JOIN IN A CLASS ACTION
LAWSUIT OR CLASS-WIDE ARBITRATION. Eligibility.
You represent show that you are at least 18 years old. If
you are under 18, you may not, under any circumstances, use the Services. We
may refuse to offer the Services to any person or entity change its eligibility
criteria at any time. You are solely responsible for ensuring that this User
Agreement is in compliance with all laws, rules applicable to you and the right
to access the Services is revoked where this use of the Services is prohibited
or to the extent offering, sale or provision of the Services conflicts with any
applicable regulation. Furthermore, the Services are offered only for your
using, and not for the use or benefit of any third party.
Content
Definition
For purposes of the User Agreement, the term “Content”
includes, without limitation, information, data, text, photographs, videos,
audio clips, written posts, articles, comments, software, scripts, graphics,
and interactive features generated, provided, or otherwise made accessible on
or through the Services. For the purposes of the Agreement, “Content” also
includes all User Content (as defined below).
User Content
All Content added, created, uploaded, submitted,
distributed, or posted to the Services by users (collectively “User Content”),
whether publicly posted or privately transmitted, is the sole responsibility of
the person who originated such User Content. You represent that all User
Content provided by you is accurate, complete, up-to-date, and in compliance
with all applicable laws, rules and regulations. You acknowledge that all
Content, including User Content, accessed by you using the Services is at your
own risk and you will be solely responsible for any damage or loss to you or
any other party resulting therefrom. We do not guarantee that any Content you
access on or through the Services is or will continue to be accurate.
Notices and Restrictions
The services may contain content specifically provided by
us, our partners/users/content are protected by copyrights, trademarks, service
marks, patents, or other proprietary rights and laws. You shall abide by and
maintain all copyright notices, information, and restrictions contained in any
content accessed through the services.
We do not guarantee that any Content will be made available
through the Services or on the Site. We reserve the right to, but do not have
any obligation to, (i) edit , modify, remove or otherwise manipulate any
Content in our sole discretion, at any time, without notice to you and for any
reason (including, but not limited to, upon receipt of claims or allegations
from third parties or authorities relating to such Content or if we pay
attention to the fact that you may have violated this User Agreement), or for
no reason at all and (ii) to remove or block any Content from the Services.
Rules
of Conduct.
As a condition of use, you commit not to use the Services
for any purpose that is banned by these Terms of Use. You are in charge of all
of your activity in connection with the Services. You shall not (and shall not
permit any third party to) either (a) take any action or (b) upload, download,
post, submit or otherwise distribute or facilitate distribution of any Content
on or through the Service, including without limitation any User Content, that:
1. infringes any patent, trademark,
trade secret, copyright, a right of publicity or other rights of any other
person or entity or violates any law or contractual duty;
2. you know is wrong, misleading,
untruthful or inaccurate;
3. is unlawful, threatening, abusive,
harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s
privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains
or depicts nudity, includes or depicts sexual activity, or is otherwise
inappropriate as determined by us in our sole discretion;
4. constitutes unauthorized or
unsolicited advertising, junk or bulk e-mail (“spamming”);
5. contains software viruses or any
other computer codes, files, or programs that are designed or intended to
disrupt, damage, limit or interfere with the proper function of any software,
hardware, or telecommunications equipment or to damage or obtain unauthorized
access to any system, data, password or other information of ours or of any
third party;
6. impersonates any person or entity,
including any of our employees or representatives;
7. includes anyone’s identification
documents or sensitive financial information.
You shall not:
(i) take any action that forces or may force (as decided by
us in our sole discretion) an illogical or disproportionately large load on our
(or our third party providers’) infrastructure;
(ii) prevent or attempt to prevent from the proper working
of the Services or any activities conducted on the Services;
(iii) bypass, circumvent or attempt to bypass or circumvent
any measures we may use to prevent or restrict access to the Services (or other
accounts, computer systems or networks connected to the Services);
(iv) run any form of auto-responder or “spam” on the
Services;
(v) use manual or automated software, devices, or other
processes to “crawl” or “spider” any page of the Site;
(vi) harvest or scrape
any Content from the Services; or
(vii) otherwise, take any action in violation of our
guidelines and policies. You shall not (directly or indirectly):
(i) decipher, decompile, disassemble, reverse engineer or
otherwise attempt to derive any source code or underlying ideas or algorithms
of any part of the Services (including without limitation any application),
except to the limited extent applicable laws specifically ban such restriction,
(ii) modify, translate, or otherwise create derivative works
of any part of the Services, or (iii) copy, rent, lease, distribute, or
otherwise transfer any of the rights that you receive hereunder. You shall
abide by all applicable local, state, national and international laws, and
regulations.
We also store the right to access, read, conserve, and
reveal any information as we reasonably believe that is necessary to (i)
respond to user support requests (ii) satisfy any law to apply, regulation,
legal process or governmental request, (iii) detect, prevent, or otherwise
address trick, security or technical problems, or (iv) defend the rights,
property or safety of us, our users and the public, (v) enforce this User
Agreement, including investigation of potential violations hereof.
Third Party Services.
The services may allow you to link to other websites,
services or resources on the Internet, including but not limited to our
sponsors and Facebook, and other websites, services or resources may implicate
links to the services. When you enter third party resources which are not keep
our control you do so at your own risk and further acknowledge that we are not
responsible or liable for the content, functions, accuracy, legality,
appropriateness or any other aspect of such websites or resources. The
inclusion of any such link does not imply our endorsement or any association
between us and their operators. You acknowledge and agree that we shall not be
responsible or liable, directly or indirectly, for any danger caused or alleged
to be caused by or in connection with the use of or reliance on any such content,
goods or services available on or through any such website or resource.
Terms
We can cease your access to all or any section of the
Service whenever, with or without cause, with or without notice and it is
effective immediately. This may result in the seizure and termination of any
information relating to your membership. If you wish to terminate your Account,
you may do so by following the instructions on the Website or through the
Service. All regulations of this User Agreement by their nature must survive
termination. Existing termination shall include, but not limited to, the User
Content license, the ownership title, the claim disclaimer of warranties,
compensation and limitation of liability.
Guarantee Disclaimer
We have no special relationship with or fiduciary
responsibility to you. You should now that We have no duty to take any action
regarding:
1. which users have the right to access
to the Services;
2. what Content you access via the
Services
3. how you may explain the meaning or
use the Content. We have all liability for you having acquired or not acquired
Content through the Services that you allow us.We will not be responsible or
liable for the accuracy, copyright compliance, or legality of material or
Content contained in or accessed through the Services. We make no proxy
concerning any Content contained in or accessed through the Services
THE SERVICES AND CONTENT ARE SUPPLIED “AS IS”, “AS
AVAILABLE” AND WITHOUT CERTIFICATE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED CERTIFICATES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED. WE AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS,
PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
(I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY
PARTICULAR TIME OR PLACE;
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE
SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF
USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS
SOLELY AT YOUR OWN RISK.
Indemnification
You shall protect, indemnify, and hold harmless us, our
affiliates and each of our and their respective employees, contractors,
directors, suppliers, and representatives from all liabilities, claims, and
expenses, including reasonable attorneys’ fees, that arise from or relate to
your use or misuse of, or access to, the Services, Content, or otherwise from
your User Content, violation of this User Agreement, or infringement by you, or
any third party using your Account or identity in the Services, of any
intellectual property or other right of any person or entity. We reserve the
right to assume the exclusive protection system and control of any matter
otherwise subject to compensation by you, in which event you will assist and
cooperate with us in asserting any available defenses.
Governing Law and Jurisdiction.
This User Agreement, adopted by our website, shall be
governed by and constructed following strictly the law of Vietnam. The
Agreement will show your agreement on the fact that any dispel arising from or
relating to the subject matter of the User term shall be governed by the
Vietnamese law court. Modification. Our company has the right, in our sole
prudence, to change or update any part of this User Agreement, or reject,
suspend or discontinue the Services (consisting of without limitation, the
availability of any feature, database or content) at any time by giving
announcement on the Site or by sending you notice through the Services, via
e-mail or by any other convenient means of electronic communication. Our
company may also set limits on particular content or feature and services or
restrict your access to parts or all of the services without notice or
liability if you have rude or illegal intention or comments, contents posted on
our site. Besides, to ensure you always catch the latest information about our
changes, we will timely provide notice of modifications and it is also your
responsibility to check the User Agreement periodically. You continue use of
service following notification or any changes to this User Agreement
constitutes acceptance of those changes.
Miscellaneous.
Entire Agreement and Severability. This User Agreement is
the entire agreement between you and us in regard to the Services, including
use of the Site, and supersede all prior or contemporaneous communications and
proposals (whether oral, written or electronic) between you and us with respect
to the Services. If any provision of this User Agreement is found to be
unenforceable or invalid, that provision will be limited or eradicated to the
minimum extent necessary so that this User Agreement will otherwise remain in
full force and effect and enforceable. The failure of either party to exercise
in any respect any right provided for herein shall not be deemed a waiver of
any further rights hereunder
Force Majeure.
We shall not be liable for any failure to perform our
responsibilities hereunder where such failure results from any cause beyond our
acceptable control, including, without limitation, mechanical, electronic or
communications failure or degradation.
Assignment.
This User Agreement is personal to you, and is not
assignable, transferable or sublicensable by you except with our prior written
consent. We may assign, transfer or delegate any of our rights and
responsibilities hereunder without consent.
Agency. No agencies, partnerships, joint ventures, or
employment relationships are created as results of this User Agreement and
neither party has any authority of any kind to bind the other in any respect.
Notices.
All notices under this User Agreement will be in writing and
deemed to have been duly given when received, if personally delivered or sent
by certified or registered mail, return receipt requested; when receipt is
electronically confirmed, if transmitted by facsimile or e-mail; or the day
after it is sent, if sent for next day delivery by recognized overnight
delivery service. Electronic notices should be sent to all-aboutsports.com
No Waiver.
Our reversion to enforce any part of this User Agreement
should not make a waiver of our right to later oblige that or any other part of
this User Agreement. Waiver of compliance in any particular instance does not
mean that we will waive formality in the future. In order for any waiver of
formality with this User Agreement to be binding, we must supply you with
written notice of such waiver through one of our authorized representatives.
Headings.
The section and paragraph headings in this User Agreement
bring convenience only and shall not affect their clarification. These terms
may be replaced by agreement or whether or terms are presented and accepted.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to
