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In order to access some features of the imATHLETE Website, you will have to create an account which makes you part of the “imATHLETE team” which is just a fun way to say that you have an account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. In fact, make believe you are a bank and your mouth is the vault. Keep your password in the vault, and lock the vault.
You need to notify imATHLETE immediately of any breach of security or unauthorized use of your account. Do not pass go, do not collect $200. Although imATHLETE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of imATHLETE or others due to such unauthorized use.
You agree not to use or launch any automated system, including "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the imATHLETE servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. So don't be a jerk, ok?
Notwithstanding the foregoing, imATHLETE grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. In fact, if Google or any other search engine thinks we're so cool that they want to put us at the top of every sports-related search, we won't complain. We'd even be happy.
imATHLETE reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Intellectual Property Rights
The content on the imATHLETE Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the imATHLETE trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to imATHLETE, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Even if imATHLETE grants limited rights to reproduce some content, we retain the copyright and all the rights the go with that content, for example the right to reproduce, distribute, and create derivative works from our content.
The imATHLETE Website may now or in the future permit the submission of photos, documents or other communications submitted by you and other users ("User Submissions"). imATHLETE may also provide the hosting, sharing, and/or publishing of such User Submissions. You really need to understand that whether or not such User Submissions are published, imATHLETE does not guarantee any sort of confidentiality with respect to any kinds of submissions. It is all available for other users to view. Please keep in mind that you, the User, (yes, you) shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
[Get ready, here comes another really important part, so make sure you're still listening closely…]
In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize imATHLETE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Submissions, and to enable use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. In a nutshell, you absolutely positively must have the rights to anything you put on the imATHLETE Website.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to imATHLETE, you hereby grant imATHLETE a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the imATHLETE Website and imATHLETE's (and its successor's) business, including without limitation for promoting and redistributing part or all of the imATHLETE Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the imATHLETE Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
imATHLETE reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security related features of the imATHLETE Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the imATHLETE Website or the Content therein.
You agree that you will: (i) not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant imATHLETE all of the license rights granted herein; (ii) not publish falsehoods or misrepresentations that could damage imATHLETE or any third party; (iii) not submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) not post advertisements or solicitations of business: (v) not impersonate another person.
imATHLETE does not endorse any opinion, recommendation, or advice expressed therein, and imATHLETE expressly disclaims any and all liability in connection with Published User content. imATHLETE does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and imATHLETE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights.
imATHLETE reserves the right to remove Content and User Submissions without prior notice. imATHLETE will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Published content removed from the Website more than twice. Seems this all goes back to the previous axiom of “don't be a jerk.”
If you are a copyright owner or an agent thereof and believe that any user generated content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) Identification of the material 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;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
imATHLETE's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, imATHLETE, PO Box 667, Santa Monica, CA 90406, email: info@imATHLETE.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to imATHLETE customer service through http://www.imATHLETE.com/ContactUs.aspx. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
You understand that when using the imATHLETE Website, you will be exposed to Published content from a variety of sources, and that imATHLETE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Published content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against imATHLETE with respect thereto, and agree to indemnify and hold imATHLETE, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
imATHLETE permits you to link to materials on the Website for personal, non-commercial purposes only.
YOU AGREE THAT YOUR USE OF THE imATHLETE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, imATHLETE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. imATHLETE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE imATHLETE WEBSITE.
imATHLETE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE imATHLETE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND imATHLETE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL imATHLETE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE imATHLETE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT imATHLETE SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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 YOU.
The Website is controlled and offered by imATHLETE from its facilities in the United States of America. imATHLETE makes no representations that the imATHLETE Website is appropriate or available for use in other locations. Those who access or use the imATHLETE Website from any jurisdiction do so at their own volition and are responsible for compliance with local law.
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