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These Terms and Conditions of Use (the "Agreement") set
forth the terms and conditions that apply to your use of
the Web site located at http://www.AMAMAT.com and the
services, contests, and materials offered thereon
(collectively, the "Service") which are offered to you
by American Amateur Athletes LLC ("AMAMAT"). BY USING
THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST
AS IF YOU HAD SIGNED IT. If you do not agree to be bound
by this Agreement, you must discontinue your use of the
Service.
1. The Basics
Key Terms
The Service is a computer online service that
facilitates the operation of online and off-line
contests ("Contests"). It is accessible to you through a
personal computer, or other access device at
www.AMAMAT.com (the "Site") using a communications
connection (e.g., modem or telephone line).
Ability to Enter into the Agreement
You affirm that you are either more than 18 years of
age, or are an emancipated minor, or possess legal
parental or guardian consent, and are fully able and
competent to enter into the terms, conditions,
obligations, affirmations, representations, and
warranties set forth in this Agreement, and to abide by
and comply with this Agreement. You may not submit
anything to the Site, or provide any information about
yourself, to AMAMAT unless you are at least 13 years
old, even if you have the consent of a parent or
guardian to do so.
Termination of Service (Including Contests)
AMAMAT MAY AT ANY TIME AND FOR ANY REASON COMPLETELY
DISCONTINUE THE SERVICE, WHICH INCLUDES WITHOUT
LIMITATION ALL CONTESTS REGARDLESS OF HOW FAR THEY HAVE
PROGRESSED.
Restrictions on Use
As part of the Service, you will be provided with
services that may include information, editorial
content, chat rooms, contest opportunities, links to
other Web sites and other computer services that AMAMAT
may decide to offer, subject to the terms hereof. AMAMAT
may, in its sole discretion, discontinue or alter any
aspect of the Service, including, but not limited to,
i. restricting the time of availability,
ii. restricting the availability and/or scope of the
Service for certain platforms (i.e., computer types and
operating systems),
iii. restricting the amount of use permitted,
iv. changing Contest rules, and
v. restricting or terminating any User's right to use
all or part of the Service, at any time in AMAMAT's sole
discretion and without prior notice or liability. You
are responsible for all charges (e.g., telephone)
associated with connecting to the Service through an
available access number. You are also responsible for
obtaining or providing all telephone access lines,
telephone and computer equipment (including modem), or
other access device, necessary to access the Service.
You certify that you are an individual (i.e., not a
corporation). The Service is owned and operated by
AMAMAT and contains material that is derived in whole or
in part from material supplied and owned by AMAMAT and
other sources. Such material is protected by copyright,
trademark, and other applicable laws. You may not
modify, copy, reproduce, republish, upload, post,
transmit, publicly display, prepare derivative works
based on, or distribute in any way any material from the
Service, including but not limited to code and software
("Material"). You may, however, download Material from
the Service for your personal, non-commercial use only,
provided you keep intact all copyright and other
proprietary notices and use the Material in accordance
with all restrictions applicable to your use of the
Service in general. In the event that you download
Material from the Service, such Material is licensed to
you by AMAMAT and AMAMAT does not transfer title to any
such Material to you.
Submission of Content:
The Site may enable you to create content ("Content")
that you submit to AMAMAT for display on the Site,
whether as an entry in a Contest or otherwise.
Such Content is subject to:
AMAMAT's or third parties' ownership of material on the
Site that may be incorporated in Content you provide to
AMAMAT. You retain ownership of the copyright and other
intellectual property rights in the Content, including
but not limited to your performance.
You hereby grant to AMAMAT a perpetual, irrevocable,
royalty free, worldwide license to use, publicly
display, distribute, sublicense, modify and otherwise
fully exploit any Content that you submit to AMAMAT.
AMAMAT may do any or all of the foregoing for any
purpose necessary or relating to the AMAMAT's services,
products or advertising. Any Content that you submit is
deemed non-confidential, and AMAMAT shall be under no
obligation to maintain the confidentiality of any
information, in whatever form, contained in the Content.
You shall be solely responsible for the Content and the
consequences of posting or publishing it. In connection
with the Content, you affirm that: (i) you own or have
the necessary licenses, rights, consents, and
permissions to use and authorize AMAMAT to use all
patent, trademark, trade secret, copyright or other
proprietary rights in and to any and all Content to
enable inclusion and use of the Content in the manner
contemplated by the Site and this Agreement; and (ii)
you have the written consent, release, and/or permission
of each and every identifiable individual person in the
Content to use the name or likeness of each and every
such identifiable individual person to enable inclusion
and use of the Content in the manner contemplated by
this Site and this Agreement. AMAMAT has the right in
its sole discretion to refuse to post Content for any
reason, including, but not limited to, submitted Content
that appears to contain material protected by
intellectual property rights held by a third party.
You agree that AMAMAT is not responsible for any
violations of any intellectual property rights in any
Content that you submit to AMAMAT You understand that by
using the Service that your Content will be publicly
available to others and that AMAMAT has no obligation to
prevent the unauthorized copying, dissemination,
alternation or other use of your Content by others.
Site Availability
You understand that the Site may be taken down for
maintenance from time to time and that most Site
features, including access to, video clips, articles,
picture and Contests,
will not be available during that time.
Termination of Services
You may establish only one account per person, and up to
two accounts per computer or address, to participate in
the activities offered on the Site. AMAMAT reserves the
right to monitor any effort to establish multiple
accounts. In the event AMAMAT discovers that you have
opened more than one account per person, all additional
accounts will be closed without notice and continued
violation will result in the termination of any and all
of your accounts. AMAMAT also reserves the right to deny
access to anyone, including, but not limited to those
players who use proxy servers and/or IP addresses
residing in certain geographical areas outside of the
U.S.
AMAMAT reserves the right to terminate any portion of
the Site at any time, for any reason, with or without
notice, even though termination may affect your ability
to view specific videos, photos, articles
or winners who
participate in Contests.
3. General Service Membership Rules and Conditions
a. Registration
Should AMAMAT choose to provide member based services,
when you register to use these Services, you will be
required to provide certain information about yourself.
You agree to provide true, accurate and complete
information about yourself, and to update this
information when it changes. If you provide any
information that is untrue or inaccurate, not current,
or incomplete, or if AMAMAT suspects that your
information is untrue or inaccurate, not current, or
incomplete, AMAMAT may, in its sole discretion, suspend
or terminate your membership and refuse current or
future access to the Service. Any personal information
supplied hereunder will be subject to the terms of our
privacy policy. Members under the age of 18 must have
parental consent before joining AMAMAT, and children
under the age of 13 may not register with AMAMAT. The
Service is currently provided for free. AMAMAT reserves
the right to change the nature of this relationship at
any time.
b. Passwords
Should AMAMAT provide to you a password that allows you
to access certain parts of the Service, you will be
solely responsible for maintaining the confidentiality
of the password and your account information, and are
fully responsible for all activities that occur under
your password or account. You agree that you will
immediately notify AMAMAT of any unauthorized use of
your password or account, or any other breach of
security, and that you will log off of the Service at
the end of each session to prevent fraud on your account
by third parties.
c. General
AMAMAT may choose to send you e-mail newsletters on a
variety of topics – for example, informing you of
membership benefits and features, letting you know of
problems with the site or with services offered by
AMAMAT, or presenting you with the opportunity to buy
selected products and services. You may elect during
registration not to receive these e-mail newsletters,
and you may start or stop receiving such e-mail
newsletters at any time by sending an e-mail to an
address that shall be designated for that purpose. With
your permission, AMAMAT may send you e-mails on behalf
of pre-screened third parties containing promotional
offers or opportunities that we believe may be of
interest to you. You may elect during registration to
receive these e-mails, and you may start or stop
receiving such e-mails at any time by sending an e-mail
to an account that shall be designated for that purpose.
d. Rules for Use of the Service
1. Conduct Required for Use of the Service
It is a condition of your use of the Service that you do
not:
i. restrict or inhibit any other user from using and
enjoying the Service;
ii. post, upload, perform, or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent information of
any kind, including without limitation, any images or
other material depicting Nudity as herein defined;
iii. post, upload, perform, or transmit comments
containing harassing or offensive language, including
sexual references, sexual nicknames, racial slurs, hate
propaganda, hate mongering, swearing, or rude or
deliberately offensive comments, or engage in disruptive
activities online, including excessive use of scripts,
sound waves, scrolling (repeating the same message over
and over), or use of viruses, bots, worms or trojan
horses;
iv. post, upload, create, or transmit any information
(including without limitation Content), software or
other material that is fraudulent or violates or
infringes the rights of others, including material that
violates privacy or publicity rights, or infringes
copyright, trademark or other proprietary rights,
without first obtaining permission from the owner or
right holder;
v. post, upload, or transmit any information, software
or other material that contains a virus or other harmful
component;
vi. post, upload, or transmit content that encourages or
provides instructional activities about illegal
activities, in particular hacking, cracking or
phreaking;
vii. post, upload, transmit or in any way exploit any
information, software or other material for commercial
purposes or that contains advertising, "junk mail,"
"spam," or "chain letters" except that you may provide
promotional materials in those areas (such as community
and my stage areas) that are designated for such
purpose;
viii. solicit other users to join, become members of, or
contribute money to any online service or other
organization, advocate or attempt to get users to join
in legal or illegal schemes or plan or participate in
scams involving other users;
ix. impersonate any person or entity or falsely state or
otherwise misrepresent your professional or other
affiliation with any person or entity;
x. resell, redistribute, broadcast or transfer the
information or use the information derived from the
Service in a searchable, machine-readable database;
xi. use the Service to collect personally identifying
information about users of the Service in violation of
our Privacy Policy;
xii. disguise a file type to thwart AMAMAT's detection
processes;
xiii. forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content submitted
to the Site;
xiv. upload, post, email, transmit or otherwise make
available any Content that you do not have a right to
make available under any law or under contractual or
fiduciary relationships (such as inside information,
proprietary and confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements);
xv. interfere with or disrupt the Site or servers or
networks connected to the Site, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Site;
xvi. provide material support or resources (or to
conceal or disguise the nature, location, source, or
ownership of material support or resources) to any
organization(s) designated by the United States
government as a foreign terrorist organization pursuant
to section 219 of the Immigration and Nationality Act;
xvii. "stalk" or otherwise harass another;
xviii. post, provide, or transmit any information
constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil
liability or otherwise violate any local, state,
national or international law;
xix. attempt to gain unauthorized access to other
computer systems or networks connected to the Service.
For the purposes of this Agreement, "Nudity" shall
include, without limitation, images depicting persons
with unclothed genitalia or persons wearing transparent
clothing over genitalia. You agree that you will not use
the Service, including the information provided therein
and all related equipment, networks and network devices
(specifically including Internet access) for any
unlawful purpose. AMAMAT, at its sole and absolute
discretion, shall determine whether any information
transmitted or received violates this provision. You may
not use any Material in connection with any site or
other use that contains or is associated with
information or content prohibited by this section.
2. Monitoring
AMAMAT has no obligation to monitor the use of the
Service by members. You acknowledge and agree that
AMAMAT reserves the right to, and may from time to time,
monitor any and all information transmitted or received
through the Service for operational and other purposes.
During monitoring, information may be examined,
recorded, copied, and used for authorized purposes in
accordance with our Privacy Policy. Use of the Service
constitutes consent to such monitoring. Furthermore,
AMAMAT reserves the right at all times to disclose any
information posted on any portion of the Service as
necessary to satisfy any law, regulation or governmental
request, or to refuse to post, or to remove, any
information or materials, in whole or in part, that in
AMAMAT's sole and absolute discretion are objectionable
or in violation of this Agreement.
3. License
By uploading files, inputting data, or engaging in any
other form of communication (a "Communication") through
the Service you are granting AMAMAT a royalty-free,
irrevocable, perpetual, non-exclusive, unrestricted,
worldwide license to (i) use, copy, sublicense, adapt,
transmit, publicly perform, display, or create
derivative works from any such Communication, and (ii)
sublicense to third parties the unrestricted right to
exercise any of the foregoing rights granted with
respect to such Communication. No Communication shall be
subject to any obligation of confidence on the part of
AMAMAT.
4. Content on the Service.
Videos, photos and articles posted through the Service
are the creations of AMAMAT.
In the course of the recording of such
communications, AMAMAT may unintentionally posts
recorded unsuitable and inappropriate materials on the
Site. You
understand that by using the Service, you may be exposed
to Communications that are offensive, indecent, or
objectionable. Under no circumstances will AMAMAT be
liable in any way for any Communication, including, but
not limited to, liability for any errors or omissions in
any Communication, or for any loss or damage of any kind
incurred as a result of the use of any Communication
posted, e-mailed, or otherwise transmitted via the
Service.. Communications of videos, photos and articles
posted through the Service provided by users such as you
who are unaffiliated with AMAMAT, and the user providing
each such Communication is solely responsible for the
content thereof. This means that you, and not AMAMAT,
are entirely responsible for all Communications that you
upload, post, email or otherwise transmit via the
Service. In using the Service or receiving e-mail
messages from members through the Service, you should
not assume that such messages have been reviewed by
AMAMAT, that such Communications contain correct
information, or that the persons posting such
Communications have accurately identified themselves
and/or their affiliation with any third party. You
understand that by using the Service, you may be exposed
to Communications that are offensive, indecent, or
objectionable. Under no circumstances will AMAMAT be
liable in any way for any Communication, including, but
not limited to, liability for any errors or omissions in
any Communication, or for any loss or damage of any kind
incurred as a result of the use of any Communication
posted, e-mailed, or otherwise transmitted via the
Service.
5. Personal Safety.
When using the Service, please be certain that anything
you say does not compromise your personal safety. Do not
provide your name, phone number, postal or e-mail
address, your password, or any other personally
identifying information to people you do not know. Do
not continue any conversation online that makes you feel
uncomfortable.
4. Submissions
AMAMAT is pleased to hear from users and welcomes your
comments regarding AMAMAT's programs and services.
AMAMAT's submission policy does not allow it to accept
or to consider creative ideas, suggestions, or materials
other than those it has specifically requested. We hope
that you will understand that the intent of this policy
is to avoid the possibility of future misunderstandings
when projects developed by AMAMAT's employees and agents
might seem to be similar to creative works submitted by
users. Accordingly, while we value your feedback, we
must ask that you do not send original creative
materials. If, at our request, you send certain specific
submissions (for example contest entries), or without a
request from us you send creative suggestions, ideas,
notes or concepts or other materials (collectively,
"Comments"), they shall be deemed, and shall remain, the
property of AMAMAT, and shall otherwise be subject to
the provisions below. You represent and warrant that you
are authorized to grant all rights in the Comments to
AMAMAT. Disclosure, submission, or offer of any Comments
shall constitute an assignment to AMAMAT of all
worldwide rights, titles, and interests in all
copyrights and other intellectual property rights in
such Comments. AMAMAT may edit, copy, publish,
distribute, translate, and otherwise use in any medium
any Comments that you forward to AMAMAT and will own
exclusively all such rights, titles, and interest and
shall not be limited in any way in its use, commercial
or otherwise, of the Comments. AMAMAT is and shall be
under no obligation to: (1) maintain any of your or any
user's Comments in confidence; (2) to pay to you or any
user any compensation for any Comments; or (3) to
respond to any of your or any other user's Comments.
5. Merchants
Your correspondence or business dealings with, or
participation in promotions of, merchants found on or
through the Service, 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
merchant. AMAMAT will not be responsible or liable for
any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of
such merchants on the Service.
6. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
AMAMAT ITS OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE
OF PERFORMANCE OR COURSE OF DEALING, IN CONNECTION WITH
THE SITE AND YOUR USE THEREOF, INCLUDING ANY
PARTICIPATION IN A CONTEST. AMAMAT MAKES NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED
TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT
OR IN A CONTEST, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE OR PARTICIPATION IN A
CONTEST, (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 THE
SITE OR ANY CANCELLATION OF A CONTEST, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE 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
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. AMAMAT DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
AMAMAT 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.
7. Limitation of Liability
IN NO EVENT SHALL AMAMAT OR ITS SPONSORS OR SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR
WITH THE DELAY OR INABILITY TO USE THE SERVICE OR
PARTICIPATE IN ANY CONTEST, OR FOR ANY INFORMATION,
PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH
THE SERVICE, AMAMAT'S REMOVAL OR DELETION OF ANY
MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF AMAMAT OR ANY OF ITS SPONSORS OR SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER
APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY
ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE
CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR
SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF ANY FILE. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AMAMAT, SPONSORS
OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO
STATE.
8. Limitation of Actions
You acknowledge and agree that, regardless of any
statute or law to the contrary, any claim or cause of
action you may have arising out of, or relating to, your
use of the Site or the Services must be filed within one
(1) year after such claim or cause of action arises, or
forever be barred.
9. Indemnification
You agree to defend, indemnify and hold harmless AMAMAT,
its Sponsors and their respective directors, officers,
employees and agents from and against any and all
claims, actions, suits or proceedings, as well as any
and all losses, liabilities, damages, costs and expenses
(including reasonable attorneys fees) arising out of or
accruing from (a) any material posted or otherwise
provided by you that infringes any copyright, trademark,
trade secret, trade dress, patent or other intellectual
property right of any person or defames any person or
violates their rights of publicity or privacy, (b) any
misrepresentation made by you in connection with your
use of the Service; (c) any non-compliance by you with
the terms and conditions of this Agreement; and (d)
claims brought by persons or entities other than the
parties to this Agreement arising from or related to
your access and use of the Service, including the
information obtained through the Service.
10. Termination
AMAMAT may, in its sole discretion, terminate your
password, account (or any part thereof) or use of the
Service, or remove and discard any Communication
transmitted by you, or information stored, sent, or
received via the Service without prior notice and for
any reason, including, but not limited to: (i)
concurrent access of the Service with identical user
identification numbers, (ii) permitting another person
or entity to use your user identification number to
access the Service, (iii) any other access or use of the
Service except as expressly provided in this Agreement,
(iv) any violation of the terms and conditions of this
Agreement or the rules and regulations relating to the
use of, the software and/or data files contained in, or
accessed through, the Service, (v) tampering with or
alteration of any of the software and/or data files
contained in, or accessed through, the Service, or (vi)
failure to use the Service or portion thereof on a
regular basis. You may terminate your membership
hereunder upon thirty (30) days written notice by you to
AMAMAT of your intent to terminate this Agreement.
Termination, suspension, or cancellation of this
Agreement or your access rights shall not affect any
right or relief to which AMAMAT may be entitled, at law
or in equity. Upon termination of this Agreement, all
rights granted to you will automatically terminate and
immediately revert to AMAMAT and its licensors;
provided, however, all rights granted by you to AMAMAT
shall continue in perpetuity. Termination or
expiration of this Agreement for any reason shall not
release either party from any liabilities or obligations
set forth in this Agreement which (i) the parties have
expressly agreed shall survive any such termination or
expiration, or (ii) remain to be performed or by their
nature would be intended to be applicable following any
such termination or expiration.
11. Trademarks
AMAMAT and the AMAMAT logo, are trademarks of AMAMAT,
and all other trademarks, service marks and trade names
used on the Service are the property of their respective
owners, and all of the above trademarks may not be
copied, downloaded or otherwise exploited without the
permission of AMAMAT or the owner of such trademark,
service mark or trade name, except as explicitly
permitted in the section above entitled "Restrictions on
Use".
12. Minors
If you have agreed to allow your minor child, or a child
for whom you are legal guardian (a "Minor"), to use the
Service, you agree that you shall be solely responsible
for: (a) the online conduct of such Minor; (b)
monitoring such Minor's access to and use of the
Service; and (c) the consequences of any use of the
Service by such Minor. Children under the age of 13
should not register for any Service hereunder. At
various places on the Service, we ask whether users are
under the age of 18 or 13. AMAMAT relies on our users to
be truthful in responding to these questions. If a user
does not identify his/her proper age, we will have no
way of verifying actual age with respect to our privacy
policy.
13. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, AMAMAT
hereby notifies you that parental control protections
(such as computer hardware, software, or filtering
services) are commercially available that may assist you
in limiting access to material that is harmful to
minors. Information identifying current providers of
such protections is available at the Electronic Frontier
Foundation Web site,
http://www.eff.org,
and at the GetNetWise Coalition website,
http://www.getnetwise.org.
To view information on our policy regarding the privacy
of children under the age of 13, please see our privacy
policy.
14. Infringement Policy
AMAMAT, pursuant to 17 U.S.C. Section 512 as amended by
Title II of the Digital Millennium Copyright Act (the
"Act"), reserves the right, but not the obligation, to
terminate your right to use the Service and remove
material that alleged to infringe the copyright or other
intellectual property rights of a third party if AMAMAT
determines in its sole and absolute discretion that you
are involved in infringing activity, including alleged
acts of first-time or repeat infringement, regardless of
whether the material or activity is ultimately
determined to be infringing. AMAMAT accommodates and
does not interfere with standard technical measures used
by copyright owners to protect their materials. In
addition, pursuant to 17 U.S.C. Section 512(c), AMAMAT
has implemented procedures for receiving written
notification of claimed infringements and for processing
such claims in accordance with the Act. All claims of
infringement must be submitted to AMAMAT in a written
complaint that complies with the requirements below and
is delivered to our designated agent to receive
notification of claimed infringement:
By e-mail:
infringment@amamat.com
In addition, any written notice regarding any defamatory
or infringing activity, whether of a copyright, patent,
trademark or other proprietary right must include the
following information:
a. A physical or electronic signature of a person
authorized to act on behalf of (1) the owner of an
exclusive right that is allegedly infringed or (2) the
person defamed.
b. 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. Similarly, for materials that are defamatory
or infringe patent, trademark, or other proprietary
rights of a third party, please submit a list of such
materials.
c. Identification of the material that is claimed to be
infringing, to be the subject of infringing activity, or
that is claimed to be defamatory and that is to be
removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate
the material.
d. Information reasonably sufficient to permit us to
contact you, such as your address, telephone number,
and/or electronic mail address.
e. 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 or other proprietary right
owner, its agent, or the law.
f. 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 or on behalf of the
person defamed.
15. Modification
AMAMAT reserves the right, in its sole discretion, to
amend this Agreement, and to modify, add or discontinue
any aspect, content, or feature of the Service. The
amended Agreement will apply to your use of the Site and
your participation in any Contest. Such amendments,
modifications, additions or deletions shall become
effective upon notice thereof, which may be provided to
you by posting on the Service, via e-mail or any other
reasonable means. Continued use of the Service by you
shall constitute your binding acceptance of any such
amendments, modifications, additions or deletions.
16. Export Control
Unless otherwise specified, the materials on the Service
are presented solely to provide sports events, featured
athletes information regarding and to promote AMAMAT's
Services and other products available in the United
States, its territories, possessions and protectorates.
The Service is controlled and operated by AMAMAT from
its office within the state of New York, United States
of America. AMAMAT makes no representation that
materials on the Service are appropriate or available
for use outside the United States. Those who choose to
access the Service from outside the United States do so
on their own initiative and are responsible for
compliance with local laws, if and to the extent that
local laws are applicable. Software from the Service is
further subject to United States export controls. No
software from the Service may be downloaded or otherwise
exported or re-exported (A) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the U.S. has
embargoed goods, or (B) to anyone on the U.S. Treasury
Department list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By
using the Service, you represent and warrant that you
are not located in, under the control of, or a national
or resident of any such country or on any such list.
17. Miscellaneous
This Agreement shall be governed by and construed in
accordance with the laws of the State of New York
without giving effect to any principles of conflicts of
law. Although you acknowledge that we will have the
ability to enforce our rights in any court of competent
jurisdiction, you hereby consent to the exclusive
jurisdiction and venue of courts in New York, New York,
U.S.A., regarding any and all disputes relating to this
Agreement or your use of the Service. You also agree to
submit to the personal jurisdiction of the courts
located within New York County, New York for the purpose
of litigating all such claims or disputes. You
acknowledge and agree that the warranty disclaimers and
liability and remedy limitations in this Agreement are
material terms of this Agreement and that they have been
taken into account in the decision by AMAMAT to provide
the Service hereunder. You may not assign any of your
rights, obligations or privileges hereunder without the
prior, written consent of AMAMAT. Any assignment of the
foregoing other than as provided for in this section
shall be null and void, ab initio. If any provision of
this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be
deemed severable from this Agreement, shall be enforced
to the fullest extent allowed by law as to effect the
intention of the parties, and shall not affect the
validity and enforceability of any remaining provisions.
This Agreement and any posted operating rules constitute
the entire agreement of the parties with respect to the
subject matter hereof, and supersede all prior or
contemporaneous communications and proposals, whether
oral or written, between the parties with respect to
such subject matter. No waiver of any provision or any
right granted hereunder will be effective unless set
forth in a written instrument signed by the waiving
party. No waiver by either party of any breach or
default hereunder shall be deemed a waiver of any
subsequent breach or default. You agree not to
reproduce, duplicate, copy, sell, resell, or exploit for
any commercial purposes, any portion of the Service or
access to the Service. The titles and subtitles used in
this Agreement are used for convenience only and are not
to be considered in construing or interpreting this
Agreement.
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