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National Alliance for Youth Sports, Inc. Web Site
Acceptable Use Policy
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YOU MUST ACCEPT THE TERMS OF THE
ACCEPTABLE USE POLICY BEFORE USING THIS WEB SITE.
PLEASE READ THE TERMS AND CLICK EITHER ACCEPT OR DENY AT THE BOTTOM OF THIS
PAGE.
Acceptance of Terms
By
using this Web site, located at
http://www.nays.org, or as otherwise located from time to
time (hereinafter the "NAYS Site"), you agree to the terms and conditions of
this Acceptable Use Policy (the "Policy"). If you do not agree with this
Policy, please do not use the NAYS Site.
This
NAYS Site is owned by and maintained for the National Alliance for Youth
Sports, Inc., a
Florida
not for profit company ("NAYS"). NAYS
reserves the right to modify this Policy at any time. You are encouraged to
check the Policy on the NAYS Site each time you use the NAYS Site.
Your
continued use of this NAYS Site after you click "I ACCEPT" below indicates you
agree to the terms of the most current version of this Policy, as amended from
time-to-time.
Use
of the NAYS Site
You
agree not to modify, publish, transmit, publicly display, participate in the
transfer or sale, create derivative works, or in any way commercially exploit
any of the materials on the NAYS
Site, including, but not limited to the text, messages, software, photos,
video, graphics, music and sound, (collectively referred to herein as the
"Content"). You further agree not
to use the NAYS Site for any commercial purposes.
At any time, NAYS may change the Content or the products and services
referred to within.
NAYS
reserves the right to terminate your access to the NAYS Site at any time, with
or without notice, in the event of your breach or anticipated breach of
this Policy or for any other reason.
[If NAYS terminates your access without cause and you paid a subscription fee
under a written subscription agreement with NAYS, NAYS may adjust your account
pursuant to the terms of such agreement.]
User
Accounts
You
may only use the portion of the NAYS Site which you have been authorized to
use. If access is password
protected, you may not make this password available to others or use the
password(s) of others to gain access to such areas.
Account sharing is strictly prohibited.
Accounts which have been transferred to other parties, or which show activity
in violation of this condition, may be terminated without notice.
If you think you have compromised your password, you must contact NAYS
immediately, in order to cancel and issue a new password.
By
accessing and using the NAYS Site, you represent, covenant and warrant that all
information, data and materials posted on or transmitted through the NAYS Site
do not and will not violate any law or infringe on anyone else's legal rights.
Furthermore, you agree not to engage, or assist others to engage, in using the
NAYS Site in connection with any illegal purpose, including, but no limited to:
(i)
Attempting to interfere with or compromise the operation of the NAYS
Site or intercepting, redirecting or interfering with messages or data intended
for transfer to other parties;
(ii)
Accessing without authorization any computers, accounts or networks or
attempting to penetrate security measures (a/k/a "hacking"), and any other
activity that might be used to attempt to penetrate a system (i.e., stealth
scans or other information gathering activity).
(iii)
Engaging
in any activity, posting or transmitting data or other material that infringes
upon or misappropriates intellectual property rights, such as copyright,
trademark, trade secret, patent, privacy, publicity, moral rights, or other
personal or proprietary rights;
(iv)
Permitting
use of the NAYS Site in any manner to transmit or store libelous, slanderous or
defamatory statements or otherwise statements that constitute false or
misleading indications of origin or statements of fact;
(v)
Permitting use of the NAYS Site as a means to threaten, offend, harass,
stalk, or otherwise violate the legal rights of others;
(vi)
Transmitting or distributing information regarding the creation and
sending of, files that contain a virus, worm, or Trojan Horse, or by pinging,
floating, mail bombing or denial of service attacks;
(vii)
Publishing, advertising, storing, posting, or distributing child
pornography, obscene or other unlawful material or information;
(viii)
Sending volumes of unsolicited e-mails or materials, commercial or
otherwise (sometimes referred to as "spam").
(ix)
Advertising,
transmitting or otherwise making available any software, program, product,
information or service that is designed to violate this Policy, or otherwise
engaging in activities, whether lawful or unlawful, that we determine to be
harmful to customers, operations, reputation, goodwill, partners and/or
affiliates.
Chat
Rooms and Bulletin Boards
Your
use of chat rooms, bulletin boards and similar areas available on the NAYS Site
is subject to this Policy. NAYS
expressly reserves the right, but not the obligation, to monitor any and all
use of the NAYS Site, to remove any content and to terminate your access to any
and all areas of the NAYS Site.
User
Grant of Limited License
User
hereby grants to NAYS a worldwide, royalty-free, perpetual and irrevocable
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and publicly display any message or
information posted on this NAYS Site (including any chat rooms, bulletin boards
or similar areas) and any e-mail sent by you to NAYS, and to incorporate same
in other works in any form, media or technology now known or later developed.
By submitting information to the NAYS Site you irrevocably waive, and
transfer and assign to NAYS, any copyrights, "moral rights" or any other rights
you may claim in such materials.
Links
and International Use
NAYS
has not reviewed all of the Web sites linked to or from this NAYS Site.
NAYS is not responsible for the availability of these external Web
sites, nor does NAYS endorse the contents, advertising, products, services or
other materials made available on or through any other Web sites.
NAYS
makes no representations that the Content is appropriate or available for use
in locations outside the
U.S.
Your use of
this NAYS Site from locations outside of the
U.S.
may be illegal or prohibited. If
you choose to access this NAYS Site from outside the
U.S.
, you do so at your own risk and are responsible for
continued compliance with any local laws or regulations.
Accuracy
of Information
While
NAYS makes every effort to include accurate and up-to-date information on this
NAYS Site, it makes no representations as to the accuracy, timeliness or
completeness of that information. This NAYS Site may include publications with
technical inaccuracies, omissions or typographical errors that
may be corrected as they are discovered.
Indemnification
Upon
the request of NAYS, you agreed to defend, indemnify, save and hold harmless
NAYS and its parents, subsidiaries or affiliates and each of the
foregoing party's, directors, officers, employees, agents, contractors,
successors and assigns from all liabilities, claims, awards, expenses and
judgments, including reasonable attorneys fees and cost that arise from your
use or misuse of this NAYS Site in any manner.
NAYS reserves the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which
event you will cooperate fully with NAYS in asserting any available defenses,
and you agree (promptly upon demand by NAYS) to reimburse NAYS for the entire
amount spent by NAYS in asserting any available defense.
Privacy
Policy
For
more information on your privacy regarding this NAYS Site, please refer to
NAYS' Privacy
Policy, which may be accessed by clicking on the link.
Disclaimer of Warranties
THIS
NAYS
SITE
AND
ALL
CONTENT, INCLUDED OR AVAILABLE ON THE NAYS
SITE
ARE
PROVIDED “AS IS”
AND
"AS AVAILABLE" WITH
ALL
FAULTS. THE CONTENT IS PROVIDED
WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDED, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY
AND
ACCURACY (ALL
OF WHICH
ARE
DISCLAIMED). NAYS DOES NOT
REPRESENT OR WARRANT THAT YOUR USE OF THE NAYS
SITE
WILL BE UNINTERRUPTED, ERROR
FREE
, SECURE,
FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT IS ACCURATE OR
CORRECT. YOUR USE OF THIS
NAYS
SITE
IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
UNDER
NO CIRCUMSTANCES SHALL NAYS, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES,
AND
EACH OF THE FOREGOING PARTY'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, SUCCESSORS,
AND
ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULTS FROM THE USE OF OR INABILITY TO USE THIS
NAYS
SITE
. THIS
LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITIES
ARE
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN
IF NAYS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON
WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ALL
DAMAGES REFERENCED ABOVE) THE ENTIRE LIABILITY OF NAYS UNDER ANY PROVISION OF
THESE RULES SHALL NOT EXCEED THE PRIOR SIX (6) MONTHS OF SUBSCRIPTION FEES YOU
PAID TO NAYS. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES NAYS'S ONLINE LIABILITY IN SUCH JURISDICTIONS SHALL BE
LIMITED TO THE EXTENT PERMITTED BY LAW THEREUNDER.
Copyright
and Trademark Information
This
NAYS Site and its Content contains copyrighted material, trademarks, and other
proprietary information. All
rights, title and interest in the selection, coordination, arrangement and
enhancement of the Content are specifically reserved to NAYS or its licensors.
Your internal reproduction of the NAYS Site is permitted only to the
extent necessary to allow you to utilize the NAYS Site.
Permission is granted to electronically copy and print hard copies of
pages from the NAYS Site solely for personal purposes, and any such copies must
bear the copyright notice included on each Web page.
You may not "deep link" or frame any pages on he NAYS Site.
You acknowledge that you do not acquire any ownership rights by
downloading copyrighted material. If
you believe that any of your work has been copied and is accessible on this
NAYS Site in a way that constitutes copyright infringement, please notify NAYS
in writing at the address below.
You
may link your Web Site to the NAYS Site.
If you wish to use a logo as a link from your web site to this NAYS Site,
contact the NAYS Webmaster at
webmaster@nays.org for permission.
You agree not to change or delete any proprietary notices contained as
part of the NAYS Site.
National
Alliance for Youth Sports, NAYS, the NAYS Site, the URL(s), as well as all
related trademarks, trade names, page headers, custom graphics, buttons, images
and any other Content to the NAYS Site are subject to trademark, service mark,
trade dress, copyright, patent and/or other proprietary and intellectual
property protections, rights or licenses held by NAYS, its subsidiaries and
affiliates. Other trademarks,
product names and company names or logos used on this NAYS Site are the
property of each of their respective owners.
Except as expressly authorized by NAYS in writing, the use of any trademarks,
trade names, logos, images, graphics or content from the NAYS Site is strictly
prohibited.
Contact
Information
This NAYS Site is owned by National Alliance for Youth Sports, Inc. and the mailing
address is:
2050
Vista Parkway
West
Palm Beach, Florida 33411 US
You
may also contact us by telephone at (561) 684-1141 or by e-mail at
webmaster@nays.org.
Applicable
Law and General Terms
This
NAYS Site and NAYS have a physical presence in
West Palm Beach, Florida, U.S.A.
By purposely accessing
this NAYS Site and agreeing to this Policy, you and NAYS agree that the laws of
the State of
Florida
and of the
U.S.A.
will govern all matters relating to this Policy, and the use of this NAYS Site,
without giving effect to any of the conflicts of law principles thereunder.
You and NAYS also agree and hereby submit to the exclusive personal
jurisdiction and venue of the federal and state Courts located in and for
Palm Beach County, Florida U.S.A.
The prevailing party in any action to interpret or enforce this Policy shall be
entitled to reasonable attorneys' fees and costs, in addition to any other
relief entitled to it.
Any
failure by NAYS to enforce any of its rights under this Policy or applicable
laws shall not constitute a waiver of such rights.
If any provision of this Policy shall be deemed unlawful or
unenforceable by a court of competent jurisdiction, then that provision shall
be deemed severable from this Policy and shall not affect the validity and
enforceability of any remaining provisions hereunder.
This Policy contains the entire agreement between you and NAYS relating
to the matters contained herein.
PLEASE
INDICATE YOUR ACCEPTANCE OR REJECTION OF THIS POLICY BY CLICKING ON
ONE
CHOICE BELOW:
©
2001 National
Alliance
for Youth Sports, Inc.
ALL
RIGHTS RESERVED.
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