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The Localsport Network, Inc. ("Localsport") maintains this and
other websites as a service to its customers. By accessing and/or using the web
sites owned, operated and/or maintained by Localsport (the "Localsport
Sites"), you are expressly agreeing to comply with and be bound by the
following Terms of Use and the Localsport Privacy Statement, as well as all
applicable laws and regulations. We've created these Terms of Use to protect
you and to ensure that Localsport is safe and fun for everybody. If you do
not agree with these Terms of Use, you are not authorized to use the Localsport
Sites and must not access or use them! Localsport may revise and update these
Terms of Use at any time; please periodically review them, because your
continued usage of the Localsport Sites indicates your agreement with any
such changes.
1. Copyright.
Ownership. All content included on the Localsport Sites, such as
text, graphics, logos, button icons, images, audio clips and software, is the
property of Localsport or its content suppliers and protected by U.S. and
international copyright laws. The compilation (meaning the collection,
arrangement and assembly) of all content on the Localsport Sites is the
exclusive property of Localsport and protected by U.S. and international
copyright laws. All software used on the Localsport Sites is the property Localsport
or its software suppliers and protected by U.S. and international copyright
laws.
Permitted Use. The content and software on the Localsport Sites may
be used as an information, entertainment, registration and shopping resource.
In addition, Localsport hereby authorizes you to view, copy, download, and
print for personal use only any Localsport-owned content on the Localsport
Sites. Such personal use is subject to the following conditions: (i) content
may be used only for non-commercial, informational purposes and may not be
posted or distributed, (ii) the content may not be modified, and (iii)
copyright, trademark and other proprietary notices may not be removed. This
permission does not extend to materials owned by Localsport licensors. Except
as expressly stated in these Terms of Use or as otherwise specifically
authorized by Localsport, you may not duplicate, download, publish, modify or
otherwise distribute (including through the use of frames or deep links) the
material on the Localsport Sites. Furthermore, you may not copy, reproduce or
distribute the design or layout of the Localsport Sites, the Localsport logos
or other design elements or software. Any use of the Localsport Site content
not described herein is strictly prohibited.
Copyright Complaints. Localsport respects the intellectual property
of others, and we ask our content partners and Localsport members to do the
same. If you believe that your copyrighted work has been copied and is
accessible on the Localsport Sites in a way that constitutes copyright
infringement, you may notify Localsport by providing Localsport's copyright
agent the following information:
a.
an
electronic or physical signature of the owner of the copyright or the person
authorized to act on the owner's behalf.
b.
A
description of the copyrighted work that you claim has been infringed and a
description of the infringing activity.
c.
Identification
of the location where the original or an authorized copy of the work exists,
for example the URL (i.e., web page address) where it is posted or the name
of the magazine in which it has been published.
d.
Identification
of the URL or other specific location of the Localsport Sites where the
material that you claim is infringing is located, including enough
information to allow us to locate the material.
e.
Your
name, address, telephone number and e-mail address.
f.
A
statement by you that you have a good-faith belief that the disputed use is
not authorized by the copyright owner, its agent or the law.
g.
A
statement by you, made under the penalty of perjury, which the above
information is your notice is correct and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Localsport's agent for notice of claims of copyright
infringement on the Localsport site can be reached as follows: Larry J.
Heisler, President and CEO of Local Sport Activities, 5978 Lisa Street,
Columbus, OH 43231.
2. Permitted Use of Localsport Trademarks
Localsport trademarks identify Localsport products and services, and let
the public know the source of those products and services. You may make fair use
of our trademarks in advertising and promotional materials, and in referring
to our products and services (for example, in a magazine article) without our
permission, provided you follow standard trademark usage practices and
provide proper attribution. Other uses require written permission from Localsport.
Please make such requests by e-mail to lsa@Localsport.com; we will evaluate
your request as soon as possible.
Trademarks: Localsport.com
3. User Submissions and Content
Localsport may provide interactive areas on the Localsport sites, in which
users may post communications. You alone are responsible for the content of
your communications, and the consequences of any such communications. By
submitting content, which shall include your member name, to any
"interactive area" of the Localsport Sites, including message
boards, forums, and chat rooms, you grant Localsport a royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
communicate to the public, perform and display the content (in whole or in
part) worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed, for the full term of any rights
that may exist in such content. You also permit any subscriber to access,
display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the Localsport interactive areas,
you agree:
a.
not
to use the Localsport Sites to send or post on message boards or any place on
the Localsport Sites, any message or material that is unlawful, harassing,
libelous, defamatory, abusive, threatening, harmful, vulgar, obscene,
profane, sexually oriented, threatening, racially offensive, inaccurate, or
otherwise objectionable material of any kind or nature or that encourages
conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national or
international law or regulation, or encourage the use of controlled
substances.
b.
not
to impersonate any other person or entity, whether actual or fictitious,
including impersonating an employee or consultant of Localsport.
c.
not
to use an inappropriate member name of any kind.
d.
not
to post or use the Localsport Sites to distribute or send any illegal
material of any kind, including but not limited to, illegal material in the
form of text, graphics, video, programs or audio.
Such actions shall constitute a material breach of these Terms of Use. Localsport
reserves the right to delete from the Localsport Sites any postings or member
names that violate the above terms and will cooperate fully with any law
enforcement officials and/or agencies in the investigation of any violator or
violators.
4. Links; Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web
sites. The linked sites are not under our control, and we make no
representations as to the quality, suitability, functionality or legality of
any sites to which we may provide links. You hereby waive any claim you might
have against Localsport with respect to such sites.
In addition, you may order services or merchandise through the Localsport
Sites from other persons not affiliated with Localsport ("Seller").
For example, you may choose to register for a sporting event and purchase
event-related merchandise on the Localsport Sites. All matters concerning the
merchandise and services desired from a Seller, including but not limited to
purchase terms, payment terms, warranties, guarantees, maintenance and
delivery, are solely between you and the Seller. Localsport makes no
warranties or representations whatsoever with regard to any goods or services
provided by Sellers. You will not consider Localsport, nor will Localsport be
construed as, a party to such transactions, whether or not Localsport may
have received some form of revenue or other remuneration in connection with
the transaction. You agree that Localsport will not be liable for any costs
or damages arising out of such transactions, either directly or indirectly.
Localsport and/or third parties may, from time to time, send e-mail
messages to you containing advertisements, promotions, etc. Localsport makes
no representation or warranty with respect to the content of any such e-mail
messages or any goods or services which may be obtained from such third
parties, and you agree that neither Localsport nor such third party shall
have any liability with respect thereto.
5. Registration and Password
You are responsible for maintaining the confidentiality of your login ID and
password (your "registration"). You shall be responsible for all
uses of your registration, whether or not authorized by you. You agree to
immediately notify Localsport of any unauthorized use of your registration.
6. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF LOCALSPORT IS AT YOUR SOLE RISK. LOCALSPORT
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOCALSPORT
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT LOCALSPORT’S LIABILITY TO YOU
SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY LOCALSPORT FROM YOU.
THE INFORMATION ON Localsport IS PROVIDED WITH THE UNDERSTANDING THAT
NEITHER LOCALSPORT NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN Localsport,
ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL
SERVICES OR ADVICE. LOCALSPORT ENCOURAGES YOU TO SEEK APPROPRIATE
PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS
AND ARTICLES ON Localsport CAN BE DANGEROUS AND MAY RESULT IN INJURY OR
DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY
OF THE ACTIVITIES DESCRIBED ON LOCALSPORT.
Localsport makes no warranty that the Localsport Sites' services will be
uninterrupted, secure or error free. Localsport does not guarantee the
accuracy or completeness of any information in, or provided in connection
with, the Localsport Sites. Localsport is not responsible for any errors or
omissions, or for the results obtained from the use of such information. You
understand and agree that any material and/or data downloaded or otherwise
obtained through the use of the Localsport Sites is at your own discretion
and risk and that you will be solely responsible for any damage to your own
computer system or loss of data that results from the download of such
material and/or data.
7. Limitation of Liability
Localsport SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE Localsport
OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C)
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Localsport OR (D) THE USE BY
YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH LOCALSPORT
(E) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY LOCALSPORT
(F) PERSONAL INJURY NOT CAUSED BY LOCALSPORT’S GROSS NEGLIGENCE (G) RESULTING
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLE, EVEN IF Localsport HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
8. Indemnification
You agree to defend, indemnify and hold harmless each of Localsport and its
officers and employees or the author of any training program from any claim,
demand, loss, liability or expense (including reasonable attorneys' fees),
relating to or arising out of your use of Localsport, any of its websites,
any products purchased off of Localsport’s websites, the use by you of any
training programs purchased through Localsport, your violation of these Terms
and Conditions, or the infringement by you, or any other subscriber of your
account, of any intellectual property or other right of any person or entity.
9. Termination
Localsport reserves the right, at its sole discretion, immediately and
without notice to suspend or terminate (i) these Terms of Use; (ii) your
registration with or ability to access Localsport and/or any other service
provided to you by Localsport upon any breach by you of the Terms of Use or
upon your demonstration of conduct that Localsport determines to be
inappropriate.
10. Applicable Law; Consent to Jurisdiction
The Localsport Sites (excluding linked sites) are controlled by Localsport
from its offices within the State of Ohio, United States of America. The Localsport
Sites can be accessed from all 50 states, as well as from other countries
around the world. As each of these places has laws that may differ from those
of Ohio, by accessing the Localsport Sites both you and Localsport agree that
the statutes and laws of the State of Ohio, without regard to the conflict of
laws principles thereof, will apply to all matters relating to use of the Localsport
Sites.
You agree that exclusive jurisdiction for any dispute with Localsport, or
in any way relating to your membership or use of Localsport, resides in the
courts of the State of Ohio and you further agree and expressly consent to
the exercise of personal jurisdiction in the courts of the State of Ohio in
connection with any dispute including any claim involving Localsport or its
affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers. If any provision of these
terms shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions.
11. Miscellaneous
The failure of either party to insist upon or enforce strict performance by
the other party of any provision of the Terms of Use or to exercise any right
under the Terms of Use will not be construed as a waiver or relinquishment to
any extent of such party's right to assert or rely upon any such provision or
right in that or any other instance, rather, the same will be and remain in
full force and effect.
Localsport may assign its rights and obligations under these Terms of Use
and upon such assignment Localsport may be relieved of any further obligation
hereunder.
You represent to Localsport that you have the authority to register with Localsport
according to these Terms of Use.
With your prior approval, Localsport reserves the right to charge fees,
surcharges and/or membership fees at any time. Please see our Credit
Card Payment Policies for additional information.
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