5. Responsibility of Website Visitors. Sportsbeams has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Sportsbeams does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Sportsbeams disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Responsibility of Website Visitors. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which www.sportsbeams.com links, and that link to www.sportsbeams.com. Sportsbeams does not have any control over those non-Sportsbeams websites and webpages, and is not responsible for their contents or their use. By linking to a non-Sportsbeams website or webpage, Sportsbeams does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Sportsbeams disclaims any responsibility for any harm resulting from your use of non-Sportsbeams websites and webpages.
7. Copyright Infringement and DMCA Policy. As Sportsbeams asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.sportsbeams.com violates your copyright, you are encouraged to notify Sportsbeams in accordance with Sportsbeams’ Digital Millennium Copyright Act (“DMCA”) Policy. Sportsbeams will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Sportsbeams will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Sportsbeams or others. In the case of such termination, Sportsbeams will have no obligation to provide a refund of any amounts previously paid to Sportsbeams.
8. Intellectual Property. This Agreement does not transfer from Sportsbeams to you any Sportsbeams or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Sportsbeams. Sportsbeams, www.sportsbeams.com, the www.sportsbeams.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.sportsbeams.com, or the Website are trademarks or registered trademarks of Sportsbeams or Sportsbeams’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Sportsbeams or third-party trademarks.
9. IAdvertisements. Sportsbeams reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
10.Attribution. Sportsbeams reserves the right to display attribution links such as ‘Blog at www.sportsbeams.com,’ theme author, and font attribution in your blog footer or toolbar.
11.Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
12.Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
13.Changes. Sportsbeams reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Sportsbeams may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
14.Changes. Sportsbeams may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.sportsbeams.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Sportsbeams if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Sportsbeams’ notice to you thereof; provided that, Sportsbeams can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15.Disclaimer of Warranties. The Website is provided “as is”. Sportsbeams and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sportsbeams nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
16.Limitation of Liability. In no event will Sportsbeams, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Sportsbeams under this agreement during the twelve (12) month period prior to the cause of action. Sportsbeams shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
17.General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Sportsbeams Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
18.Indemnification. You agree to indemnify and hold harmless Sportsbeams, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
19.Miscellaneous. This Agreement constitutes the entire agreement between Sportsbeams and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sportsbeams, or by the posting by Sportsbeams of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Texas, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Collin County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Collin County, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Sportsbeams may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
