Chat Sports Terms of Use


Last updated: October 26, 2012

Welcome to Chat Sports, a social sports page. Our mission is to enhance the lives of sports fans by providing the web’s first curated sports interface personalized to each fan’s specific interests, using next generation technology and an intuitive, beautiful design. By accessing or using our website at www.Chat Sports.com (collectively "Chat Sports" , "Website" or “Company”) or by sharing a link of our on a social network, you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Chat Sports We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use,do not use or access (or continue to use or access) Chat Sports. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes.

Restrictions on Use

Please know that you post comments on the Website at your own risk. All information posted on the Chat Sports is public and can be viewed by other users. As with any content posted on the Internet, content posted on Chat Sports may be available on Chat Sports or any other website long after it is deleted by the user. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other users have copied or stored your User Content. Additionally, please be aware that whenever you voluntarily post public information on Chat Sports, that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.

Your Chat Sports profile may not include the following items: telephone numbers, street addresses or photographs containing nudity, violence, or offensive subject matter. Information provided by other Chat Sports users (for instance, in their personal profiles) may contain inaccurate, inappropriate or offensive material, products or services. Chat Sports assumes no responsibility or liability for this material.

Chat Sports reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.

Eligibility

Membership in Chat Sports is void where prohibited. By using the Website, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Chat Sports shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your account is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.

Chat Sports Proprietary Rights & Trademarks

Chat Sports and all other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks or trade dress of the Company in the U.S. and/or other countries. The Chat Sports trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

You are solely responsible for the profiles (including your name, image, and likeness), photos, messages, notes, text, information, music, video, advertisements, listings, articles, blogs, and other content that you upload, publish or display (hereinafter, "post") on the Website, or transmit to or share with other users (collectively the "User Content").

All content on the Website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Website Content"), are the proprietary property of Chat Sports, its users, or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Website. Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Website Content and to download or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Website Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User Conduct on Chat Sports

The Website is for the personal use of Chat Sports users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Chat Sports. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Chat Sports for any illegal or unauthorized use of the Website.

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Website:

User Content Posted on Chat Sports

You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post. User Content is defined as: external web links, comments, embedded video, Fan Polls, Trivia, Forums posts, personal blogs, nicknames or profiles pictures posted by users of the website and is in no way approved or provided by the Company. You understand and agree that Chat Sports may, but is not obligated to review the Website and may delete or remove (without notice) any Website Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to the Company.

When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you hereby grant, and represent and warrant that you have the right to grant, to the Company a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publish, stream, store, retain, publicly perform, publicly display, reformat, modify, edit, frame, translate, excerpt (in whole or in part), adapt, and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

You further represent that your User Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any User Content you post on the Website. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators.

You may remove your User Content from the Website at any time. If you choose to remove your User Content, Chat Sports will cease distribution of your User Content as soon as practicable, and at such time when distribution ceases, the license will terminate. You understand, however, that due to the interactive and social nature of Chat Sports, your User Content (particularly Website comments, posts on other users' profiles, etc.) may "live on" for a significant amount of time after it is removed, during which time the license you granted to Chat Sports over your User Content will continue. You further acknowledge that the Company may retain archived copies of your User Content.

The Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Copyright Policy

Chat Sports may now or in the future permit the submission of photos, videos or other communications submitted by you and other users and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such user submissions are published, Chat Sports does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent, and/or warrant that you own the necessary licenses, rights, consents, and permissions to use and authorize Chat Sports to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated provided by the Website or that you are IN GOOD FAITH and of your own accord and responsibility, making FAIR USE of a small sample of a copyrighted work as part of YOUR OWN review and discussion of that work.

Chat Sports does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Website any materials that violate another party's intellectual property rights. When we receive proper notification of an alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the United States Digital Millenium Copyright Act ("DMCA"). A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a submission of User Content removed from the Website more than twice. If you believe that any material on the Website infringes upon any copyright which you own or control, you may file an infringement notification pursuant to the DMCA.

Third Party Websites and Content

Services may contain links to third-party sites that are not under the control of Chat Sports, and Chat Sports is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Chat Sports endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Services, 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 third party. Chat Sports is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Services.

In addition, links to advertising that has not been approved by Chat Sports may be embedded in third party content displayed on the Services. Chat Sports is not responsible for any content, cookies, or other technology used in connection with such advertising.

Terms of Sale

Chat Sports does not currently offer the sale of products on the Website. However, Chat Sports provides users with relevant and useful affiliate partner service offerings (including, without limitation, tickets, merchandise and advertisements) via direct links on the Website. Purchases from such affiliate partners will be governed by the partners' conditions and terms of sale. You agree to indemnify and hold Chat Sports , its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of transactions with Chat Sports affiliate partners.

User Disputes

You are solely responsible for your interactions with other Chat Sports users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Privacy

We care about the privacy of our users. Click Here to view the Chat Sports Privacy Policy. By using the Website, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers

Chat Sports is not responsible or liable in any manner for any User Content or Third Party Content posted on the Website, whether posted or caused by users of the Website, by Chat Sports, by third parties or by any of the equipment or programming associated with or utilized in the Website. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content or Third Party Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Website.

Our network of websites may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Website. Under no circumstances will Chat Sports be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Website, any User Content or Third Party Content posted on or through the Website or transmitted to users, or any interactions between users of the Website, whether online or offline.

The website and the website content are provided “as-is” and the company disclaims any and all representations, whether express or implied, including warranties of title, mechantability, or non-infringment. The Company does cannot guarentee and does not promise any specific results from use of the website.

Chat Sports, Inc reserves the right to change any and all content, software and other items used or contained in the Website offered through the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Chat Sports.

Limitation on Liability

IN NO EVENT WILL Chat Sports OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

Chat Sports, Inc may terminate your membership, delete your profile and any content or information that you have posted on the Website and/or prohibit you from using or accessing Website for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13.

Governing Law; Venue and Jurisdiction

By visiting or using the Website, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Chat Sports, Inc or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Virginia.

No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Chat Sports and any User of the Website.

Indemnity

You agree to indemnify and hold Chat Sports , its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Website, your use of the Website, your conduct in connection with the Website or with other users of the Website, or any violation of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website ("Submissions"), provided by you to Chat Sports are non-confidential and shall become the sole property of Chat Sports . Chat Sports shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms of Use with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

Other

These Terms of Use constitute the entire agreement between you and Chat Sports regarding the use of the Website, superseding any prior agreements between you and Chat Sports relating to your use of the Website. The failure of Chat Sports to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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