"GSBSPORTS.COM" is an online service operated by GLOBAL SCOUTING BUREAU ("GSB") on the World Wide Web of the Internet, consisting of certain services and content provided by GSB, its parent, affiliated and subsidiary companies and third parties.
- This End User Agreement (the "Agreement"), sets forth the terms and conditions that apply to use of GSBSPORTS.COM by each end user thereof ("End User"). By using GSBSPORTS.COM (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use GSBSPORTS.COM is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User shall be fully responsible for the use of GSBSPORTS.COM by any other person it permits to access GSBSPORTS.COM.
- GSB shall have the right at any time to change or discontinue any aspect or feature of GSBSPORTS.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use.
- Changed Terms
GSB shall have the right at any time to change or modify the terms and conditions applicable to End User's use of GSBSPORTS.COM, or any part thereof, or to impose new conditions, including, but not limited to, requiring user registration, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on GSBSPORTS.COM, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof. Any use of GSBSPORTS.COM by End User after such notice shall be deemed to constitute acceptance by End User of such changes, modifications or additions, unless the End User notifies GSB in writing that it has terminated this Agreement within five (5) business days of receipt by the End User of such notice, in which case the End User's conduct shall be deemed governed by the Agreement without such changes, modifications or additions.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of GSBSPORTS.COM and all charges related thereto.
- End User Conduct
- End User shall use GSBSPORTS.COM for non-commercial, lawful purposes only. End User shall not post or transmit through GSBSPORTS.COM any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or which, without GSB's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in GSB's discretion restricts or inhibits any other End User from using or enjoying GSBSPORTS.COM will not be permitted. Without limiting the foregoing, prohibited conduct includes, but is not limited to, (1) distribution of unsolicited chain letters, (2) propagation of computer worms, viruses and other such malicious code, (3) using (directly or indirectly) GSBSPORTS.COM or its computer network to make unauthorized entry to any other machine accessible via GSBSPORTS.COM or its computer network and (4) use of GSBSPORTS.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of GSBSPORTS.COM to become users of other on-line services competitive with GSBSPORTS.COM. Without limiting any other rights or remedies of GSB, violations of the foregoing may result in removal of violative communications and/or early termination of the End User's access to GSBSPORTS.COM.
- GSBSPORTS.COM contains copyrighted material, trademarks and other proprietary information that may include, but is not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of GSBSPORTS.COM are copyrighted as a collective work under the United States copyright laws. GSB, as between itself and End User, owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express permission of GSB and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that it does not acquire any ownership rights by accessing or otherwise using copyrighted material.
- End User shall not upload, post or otherwise make available on GSBSPORTS.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with End User. End User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of GSBSPORTS.COM, End User automatically grants, or warrants that the owner of such material has expressly granted GSB the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, edit and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other End User to access, view, store or reproduce the material for that End User's personal use. Please note that GSB does not want to receive confidential information from any End User and any information received will be deemed NOT to be confidential.
- The foregoing provisions of Section 5 are for the benefit of GSB, GSB parent and affiliated companies and its client companies, third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Disclaimer of Warranty; Limitation of Liability
- END USER EXPRESSLY AGREES THAT USE OF GSBSPORTS.COM IS AT END USER'S SOLE RISK. NEITHER GSB, GSB PARENT AND AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, CLIENT COMPANIES, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE "GSB PARTIES") WARRANT THAT GSBSPORTS.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF GSBSPORTS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH GSBSPORTS.COM.
- GSBSPORTS.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT GSB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER. END USER SPECIFICALLY ACKNOWLEDGES THAT GSB SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
- IN NO EVENT WILL GSB, THE GSB PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING GSBSPORTS.COM OR THE GSBSPORTS.COM SOFTWARE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE GSBSPORTS.COM. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON GSBSPORTS.COM.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, GSB, NOR THE GSB PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN GSBSPORTS.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE GSB PARTIES TO ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE GSBSPORTS.COM SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, PAID BY THE END USER IN CONNECTION WITH THE END USER'S USE OF GSBSPORTS.COM AND RETAINED BY GSB OR (B) ONE HUNDRED DOLLARS ($100).
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO END USER. In such jurisdictions, GSB's liability is limited to the greatest extent permitted by law.
GSB shall have the right, but not the obligation, to monitor the content of GSBSPORTS.COM to determine compliance with this Agreement and any operating rules established by GSB and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, GSB shall have the right to remove any material that GSB, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
End User agrees to defend, indemnify and hold harmless GSB, GSB parent and affiliated companies and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of GSBSPORTS.COM by End User, inclusive of any claim that User Content in any way causes damage to a third party, except to the extent such claims and expenses arise directly out of the gross negligence of GSB.
Either GSB or End User may terminate this Agreement at any time. Without limiting the foregoing, GSB shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which GSB, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 5, 6, 8, 10, 12 and this Section 9 shall survive termination of this Agreement.
Trademarks appearing on GSBSPORTS.COM are the property of GSB, affiliates of GSB, or their respective owners.
- Third Party Content
GSB is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, GSB has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, End Users or any other user of GSBSPORTS.COM, are those of the respective author(s) or distributor(s) and not of GSB. Neither GSB nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through GSBSPORTS.COM represents the opinions and judgments of the respective information provider, End User, or other user not under contract with GSB. GSB and the GSB PARTIES neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on GSBSPORTS.COM. Under no circumstances will GSB or the GSB PARTIES be liable for any loss or damage caused by an End User's reliance on information obtained through GSBSPORTS.COM. It is the responsibility of End User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through GSBSPORTS.COM.
This Agreement (which hereby incorporates by reference any other provisions applicable to use of GSBSPORTS.COM, including, but not limited to, any supplemental terms governing the use of certain specific material contained in GSBSPORTS.COM and any operating rules for GSBSPORTS.COM established by GSB) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
- DMCA Notice
- GSB owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on or via GSBSPORTS.COM by third parties not within the control of GSB. It is our policy not to permit materials known by us to be infringing to remain on this site. If End User is a copyright owner or an agent thereof and believe that any User Content, or other content, infringes upon End User's copyrights, End User may submit a notification pursuant to the Digital Millennium Copyright Act of 1998, as amended (the "DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the User Content, or other content, that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact End User, such as an address, telephone number, and, if available, an electronic mail address;
- a statement that you have a good faith belief that use of the User Content, or other content, in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that End User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- If End User believes that End User's User Content, or other content, that has been removed (or to which access was disabled) is not infringing, or that End User has authorization from the actual copyright owner, the copyright owner's agent, or pursuant to law, to submit, post and make use of such User Content, or other content, End User may send a counter-notice containing the following information to the Agent:
- End User's physical or electronic signature;
- identification of the User Content, or other content, that has been removed or to which access has been disabled and the location at which the User Content, or other content appeared on GSBSPORTS.COM prior to the point at which such User Content, or other content, was removed or disabled; and
- a statement that End User has a good faith belief that the User Content, or other content, was removed or disabled as a result of mistake or a misidentification of the User Content, or other content. If a counter-notice is received by GSB, GSBSPORTS.COM may send a copy of such counter-notice to the original complaining party informing such party that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at GSBSPORTS.COM's sole discretion.
- GSBSPORTS.COM suggests that you consult your legal advisor before filing a notice or counter-notice. Please also be aware that there can be penalties for false claims under the DMCA.