Rules of the Road
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RosterBoard Terms of Use Agreement
Welcome to RosterBoard where you can share your passion for your jersey numbers. In doing so, you gain access to entertaining user-generated content including, stories, videos, photos, polls and merchandise. You can post photos and videos, share stats and schedules, and a whole lot more. The RosterBoard service is operated by RosterBoard ("RosterBoard "). By using the RosterBoard web site (the "Web site") you agree to be bound by these Terms of Service (this "Agreement"). If you wish to become a Member and communicate with other Members and make use of the RosterBoard service (the "Service"), read these Terms of Service and indicate your acceptance of them by following the instructions in the Sign Up page.
This Agreement sets out the legally binding terms of your use of the Web site and your membership in the Service and may be modified by RosterBoard at any time and without prior notice, such modifications to be effective upon posting by RosterBoard on the Web site. This Agreement includes RosterBoard's acceptable use policy for content posted on the web site, RosterBoard's Privacy Policy, and any notices regarding the Web site.
1. Eligibility. You must be thirteen or over to register as a member of RosterBoard or use the Web site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term. This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. RosterBoard may terminate your membership for any reason, at any time. If RosterBoard terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees should such fees be charged. Even after membership is terminated, this Agreement will remain in effect.
3. Proper Commercial Use by Members. Illegal and/or unauthorized uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on RosterBoard. RosterBoard owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, trademarks, and other proprietary information of RosterBoard, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site.
a. You understand and agree that RosterBoard may review and delete any personal information or profiles (collectively, "Content") that in the sole judgment of RosterBoard violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
c. By posting Content to any public area of RosterBoard, you automatically grant, and you represent and warrant that you have the right to grant, to RosterBoard an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. RosterBoard 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 Service and terminating the membership of such violators. It includes Content that:
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; and
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not transmit any chain letters or junk email to other Members. Although RosterBoard cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, RosterBoard reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which RosterBoard deems appropriate in its sole discretion.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the RosterBoard Services ("Prohibited Content"). RosterBoard reserves the right to investigate and take appropriate legal action against anyone who, in RosterBoard 's sole discretion, violates this provision, including without limitation, removing the Prohibited Content from the RosterBoard Services and terminating the user registration of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of RosterBoard :
- is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses other than in connection with the RosterBoard profile or the RosterBoard Services;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the Profile
- posts advertisements or solicitations of business, or
- impersonates another person.
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any user to buy or sell any products or services through the RosterBoard Services other than someone authorized by RosterBoard. You may not transmit any chain letters or junk email to other users. It is also a violation of this Agreement to use any information obtained from the RosterBoard Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such unauthorized advertising or solicitation, RosterBoard reserves the right to restrict the number of internal messages that a user may send to other users in any 24-hour period to a number which RosterBoard deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, messages or other unsolicited communications of any kind through the RosterBoard Services, you acknowledge that you will have caused substantial harm to RosterBoard, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay RosterBoard $50 for each such unsolicited email or other unsolicited communication you send through the RosterBoard Services;
- covering or obscuring the banner advertisements on your personal profile page, or any RosterBoard page by means of HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the RosterBoard Services or the networks or services connected to the RosterBoard Services;
- attempting to impersonate another user or person;
- using the account, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your Profile;
- using any information obtained from the RosterBoard Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your Profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the RosterBoard Services on behalf of that person, such as placing commercial content on your Profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
- using the RosterBoard Services in a manner inconsistent with any and all applicable laws and regulations.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of RosterBoard to terminate the user registration of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to RosterBoard by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the RosterBoard Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the RosterBoard Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
7. Member Disputes. You are solely responsible for your interactions with other RosterBoard Members. RosterBoard reserves the right, but has no obligation, to monitor disputes between you and other Members.
8. Privacy. Use of the Web site and/or the Service is also governed by our Privacy Policy.
9. Disclaimers. RosterBoard is not responsible for any incorrect or inaccurate Content posted on the RosterBoard Website or in connection with the RosterBoard Services, whether caused by Users of the RosterBoard Services or by any of the hardware, software or functionality associated with or utilized in the RosterBoard Services. Profiles created and posted by users on the RosterBoard Website may contain links to other websites. RosterBoard is not responsible for the content; accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by RosterBoard. Inclusion of any linked website on the RosterBoard Services does not imply approval or endorsement of the linked website by RosterBoard. When you access these third-party sites, you do so at your own risk. RosterBoard takes no responsibility for third party advertisements which are posted on this RosterBoard Website or through the RosterBoard Services, nor does it take any responsibility for the goods or services provided by its sponsors, advertisers, strategic partners or affiliates. RosterBoard is not responsible for the conduct, whether online or offline, of any User of the RosterBoard Services. RosterBoard 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, any Profile, Content or communication. RosterBoard is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, due to technical problems or traffic congestion on the Internet or on any of the RosterBoard Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the RosterBoard Services. Under no circumstances shall RosterBoard be responsible for any loss or damage, including personal injury or death, resulting from use of the RosterBoard Services, attendance or participation in a RosterBoard event or promotion, from any Content posted on or through the RosterBoard Services, or from the conduct of any Users of the RosterBoard Services, whether online or offline. The RosterBoard Services are provided "AS-IS" and as available and RosterBoard expressly disclaims any warranty of fitness for a particular purpose or non-infringement. RosterBoard cannot guarantee and does not promise any specific results from use of the RosterBoard Services.
10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will RosterBoard be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if RosterBoard has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, RosterBoard'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 RosterBoard for the Service during the term of membership.
11. Disputes. If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York.
12. Indemnity. You agree to indemnify and hold RosterBoard, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
13. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between RosterBoard and any User of the Service.
14. Other. This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and RosterBoard regarding the use of the Web site and/or the Service. The failure of RosterBoard to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Rules of the Road
The purpose of these guidelines is to provide basic information and a code of conduct for your use of the bulletin boards on the sites operated by RosterBoard on the World Wide Web of the Internet. If you have any questions concerning terms and conditions applicable to your use of RosterBoard., please contact us.
1. Conduct. You may use the bulletin boards for lawful purposes only and you may not transmit messages which are threatening, abusive, defamatory, vulgar, obscene or otherwise objectionable. You may not transmit messages which encourage conduct that constitutes a criminal offense or infringe upon the publicity or privacy rights or any other rights of any person or party. If you engage in any conduct which might, in RosterBoard's opinion, inhibit or restrict any other user's enjoyment of the bulletin boards or violate the above restrictions, RosterBoard may remove your posting and/or cancel your access to these areas. RosterBoard, in its sole discretion, shall have the right to determine whether messages are in violation of these guidelines.
2. Ownership of Messages. By posting messages on the bulletin boards, you are granting RosterBoard a royalty free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.
3. No Advertisements. The bulletin boards are for discussion and debate. You may not use the bulletin boards to post or transmit advertisements or commercial solicitations of any kind, except as may be permitted in the Member Agreement.
4. Proprietary Materials. You may not post or transmit any material of any nature, including, text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior, written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. Also, the material available on RosterBoard's sites, including the bulletin boards and chat areas are protected by copyright, owned either by RosterBoard or third party content providers and may not be disseminated by you without the consent of the copyright owner. You will be responsible for any damages resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from your posting or transmission.
5. Monitoring. RosterBoard will have the right but not the obligation, to monitor the content of the bulletin boards. RosterBoard may retain the services of independent contractors to perform these functions. RosterBoard maintains the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the bulletin boards or chat areas which RosterBoard believes is (i) in violation of either the Member Agreement or these guidelines, or (ii) stale.
6. Names. You may select a name to use in connection with your postings on the bulletin boards. However, you may not use a user name (or e-mail address) (i) with the intent of impersonating another person; (ii) belonging to another person without his or her consent; (iii) in violation of the intellectual property rights of any person; or (iv) that RosterBoard deems to be offensive. Whenever you post, your message will be automatically marked with your user name. You will also be able to enter a "handle" when you post, so that those of you accustomed to posting under distinctive or long phrases or names will still be able to do so.
7. Third Party Content; Products or Services. RosterBoard distributes content supplied by third parties and users of the bulletin boards. RosterBoard neither endorses nor guarantees the accuracy of all views, opinions, advice or statements made on the boards. Products and services may be offered by third parties through advertisements that appear on RosterBoard. RosterBoard does not guarantee or endorse any products or services offered or sold and will not be responsible for any transactions between you and the seller.
8. Privacy. RosterBoard collects no personally identifiable data about you, except that specifically and knowingly provided by you. Personally identifying information provided by you will be used only in connection with the RosterBoard sites or for such other purposes as are described at the point of collection. Such information will not be transferred to any other parties unless otherwise stated at the time of collection. If you are a child, please get your parents' approval before providing any personally identifying information. RosterBoard will only use such information collected from children for the editorial participation and feedback purposes described at the point of collection and will not transfer such information to third parties. Although RosterBoard will endeavor to require third party content providers and other parties to adhere to RosterBoard's privacy policies, RosterBoard is not responsible for any actions or policies of any third parties. You should also be aware that any personal information that you might disclose in the bulletin boards and chat areas can be collected and used by others and may result in unsolicited messages from other posters or parties.
9. Equipment. You will be responsible for obtaining all equipment necessary to access RosterBoard's sites, including computer hardware, modem and telephone charges and Internet access provider charges incurred.
10. Termination. Either RosterBoard or you may elect to terminate the Member Agreement at any time. Your rights in the event you choose to terminate your access to any paid subscription product offered by RosterBoard are spelled out in Paragraph 10 of the Member Agreement.
