|
|
ArkansasSports Terms Of Service (TOS)
Welcome to ArkansasSports!
The following are the terms and conditions for use of this ArkansasSports service (the "Service"). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain a ArkansasSports account. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR A ArkansasSports ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE ArkansasSports TERMS OF SERVICE ("TOS").
1. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open a ArkansasSports account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You then will choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.
You agree to notify ArkansasSports immediately of any unauthorized use of your account or any other breach of security.
2. MEMBER PRIVACY
It is ArkansasSports's policy to respect the privacy of its members. ArkansasSports will not monitor, edit, or disclose any personal information about you or your ArkansasSports account, including its contents, without your prior permission unless ArkansasSports has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of ArkansasSports; (3) enforce the TOS; or (4) act to protect the interests of its members or others. ArkansasSports does provide certain user information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your ArkansasSports account.
You agree that ArkansasSports may access your account, including its contents, as stated above or to respond to service or technical issues.
3. MEMBER CONDUCT
The Service is provided to individuals only. Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
- use the Service in connection with chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- harvest or otherwise collect information about others, including email addresses, without their consent;
- create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
- transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
- transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
- transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
- interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
- interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
4. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall ArkansasSports be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that ArkansasSports is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the materials available on or through the Service, or with any of ArkansasSports's terms and conditions, your sole and exclusive remedy is to discontinue using ArkansasSports.
LIMITATION OR EXCLUSION OF WARRANTIES CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF SECTIONS 5 AND 6 MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, ArkansasSports'S LIABILITY IS LIMITED TO RESUPPLYING THE SERVICE.
5. INDEMNIFICATION
You agree to indemnify and hold ArkansasSports, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
6. TERMINATION
ArkansasSports may terminate the Service with or without cause at any time and effective immediately. In addition, ArkansasSports, in its sole discretion, may terminate your account for violation of the letter or spirit of the TOS.
If you wish to terminate your account, your only recourse is to discontinue use of the account. In addition, ArkansasSports may terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by ArkansasSports. The amount of time that ArkansasSports currently views as an "extended" period of time is a first log-on 10 days or later after registration and after an initial log-on, 120 days since your last log-on. Upon termination of the Service, your right to use the Service immediately ceases. ArkansasSports shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
7. NO SPAM; DAMAGES
ArkansasSports will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, you agree to pay ArkansasSports liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your ArkansasSports account, or ArkansasSports's actual damages, whichever is greater.
8. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by ArkansasSports, or ArkansasSports's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software.
9. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
ArkansasSports reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the Terms Of Service on the site.

|