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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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