THE FOLLOWING ARE THE TERMS AND CONDITIONS OF YOUR USE OF THIS WEB SITE. PLEASE READ THEM CAREFULLY BEFORE USING THIS WEB SITE.
By using this site, you agree, without limitation or qualification, to the following terms and conditions (as we may amend or terminate them in whole or in part from time to time) and all applicable laws. If you do not agree to these terms and conditions, please do not use this site. We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this website following our posting of any changes to these terms and conditions means that you accept those changes.
1. DISCLAIMERTHIS
SITE AND THE INFORMATION, GRAPHICS, MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,SPORTSCAST, INC (“SPORTSCAST”) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. SPORTSCAST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, THE INFORMATION, MATERIAL, PRODUCTS AND/OR GRAPHICS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING ANY BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPORTSCAST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE OR THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMLINESS, RELIABILITY, OR OTHERWISE.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and SPORTSCAST does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
2. RESTRICTIONS ON USE
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without SPORTSCAST’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of SPORTSCAST. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with SPORTSCAST in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
3. ELECTRONIC COMMUNICATIONS
A. Legal Satisfaction. When you visit www.TheDaveSimsShow.com or send e-mails to us, you are communicating with us electronically.
B. Consent. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. COPYRIGHT/TRADEMARKS
All designs, text, graphics and images, and the selection and arrangement thereof, that are part of this site are the property of, or are used with permission by, SPORTSCAST and are protected by copyright and trademark laws. No material and no software from this site or any web site owned, operated, licensed, or controlled by SPORTSCAST may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the SPORTSCAST’S copyrights and other proprietary rights. The use of any such material on any other web site or networked computer environment is prohibited without SPORTSCAST’S express written consent.
All trademarks, service marks, and trade names are proprietary to SPORTSCAST or other designated owner of a posted mark. All trademarks, service marks and trade names of SPORTSCAST used herein are trademarks or registered trademarks of SPORTSCAST or its affiliates. All other trademarks or logos that appear in this site are the property of their respective owners, including in some instances SPORTSCAST. All elements contained in SPORTSCAST’S websites, including its design and content are protected by trade dress, copyright (including moral rights), trademark and other laws relating to intellectual property rights.
5. TYPOGRAPHICAL ERRORS
In the event a SPORTSCAST product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, SPORTSCAST and its retailers shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. SPORTSCAST and its retailers shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has already been charged for the purchase and your order is canceled, SPORTSCAST or its retailers shall issue a credit to your credit card account in the amount of the incorrect price.
6. LICENSE AND SITE ACCESS
A. General. www.TheDaveSimsShow.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of www.TheDaveSimsShow.com.
B. No License for Commercial Sale. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
C. No Reproduction. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of www.TheDaveSimsShow.com.
D. No Framing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.TheDaveSimsSHow.com and our affiliates without express written consent.
E. “Metatags.” You may not use any metatags or any other “hidden text” utilizing SPORTSCAST’S or www.TheDaveSimsShow.com’s name or trademarks without the express written consent of www.TheDaveSimsShow.com. Any unauthorized use terminates the permission or license granted by www.TheDaveSimsShow.com.
7. YOUR ACCOUNT
A. Use by Children. As discussed further in the site Privacy Policy,www.TheDaveSimsShow.com may sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under age 18, you may use www.THeDaveSimsShow.com only with involvement of a parent or guardian.
SPORTSCAST and www.TheDaveSimsShow.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
8. RISK OF LOSS
A. General. All items purchased from SPORTSCAST and www.TheDaveSimsShow.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the end carrier, and such other terms as set forth in the shipment form that will accompany your purchase.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPORTSCAST AND WWW.THEDAVESIMSSHOW.COM, THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF SPORTSCAST AND WWW.THEDAVESIMSSHOW.COM (OR THEIR AUTHORIZED REPRESENTATIVE) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF SPORTSCAST AND THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE GREATER OF $100 OR THEAMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS CONTENT OR SERVICE OR THE PRODUCT(S) OUT OF WHICH LIABILITY AROSE.
10. BULLETIN BOARDS
This site may include e-mails, bulletin boards and chat rooms (“Bulletin Boards”), which allow feedback to SPORTSCAST and real-time interaction between users.
SPORTSCAST does not control the messages, information or files delivered to Bulletin Boards, unless otherwise noted therein, and SPORTSCAST has no obligation to monitor such Bulletin Boards. However, SPORTSCAST reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in SPORTSCAST’S sole discretion are objectionable or in violation of these terms and conditions.
You acknowledge that you alone are responsible for the content of messages, information and materials that you may post on the Bulletin Boards, and consequences of any such messages, information or materials.
11. RULES OF CONDUCT
It is a condition of your use of the Bulletin Boards and this site that you do not:
(a) Use any Bulletin Boards for any illegal purposes (or to solicit any illegal act);
(b) Restrict or inhibit any other user from using and enjoying the Bulletin Boards;
(c) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
(d) Post any message that solicits gambling or engage in any gambling activity;
(e) Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(f) Post or transmit any information, software or other material which contains a virus or other harmful component;
(g) Post any defamatory, libelous, hateful, or harassing messages, information or material;
(h) Post or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;(i) Post or transmit any message or information which seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(j) Post or transmit any advertisement or commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as my be specifically authorized on this site;
(k) Engage in any activity that is in violation of any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
(l) Post or transmit any hyper-links to other sites that contain content which falls within the descriptions set forth above.SPORTSCAST reserves the right to monitor use of this site to determine compliance with these Terms and Conditions, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither SPORTSCAST nor any third party that provides Content to SPORTSCAST will assume or have any liability for any action or inaction by SPORTSCAST or such third party with respect to any submission.
12. USER COMMUNICATIONS
You are and shall remain solely responsible for the content of any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or communications, including any data, questions, comments, suggestions, or the like (collectively the “Information”) you transmit to SPORTSCAST via this site, Internet electronic mail or otherwise. The Information shall be and remain the property of SPORTSCAST. You hereby grant to SPORTSCAST the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Information and to incorporate any Information in other works in any form, media, or technology now known or later developed. SPORTSCAST will not be required to treat any Information as confidential, and may use and Information in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future SPORTSCAST operations.
SPORTSCAST will treat any personal information that you submit through this site in accordance with its Privacy Policy.
13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SPORTSCAST, its subsidiaries, affiliates and their officers, directors, employees, agents, licensors, retailers and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this site using your internet account. You agree that you will also indemnify and hold the Service Providers harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
14. THIRD-PARTY LINKS AND RETAILERSSPORTSCAST
may provide links and pointers to internet sites maintained by others (“third party sites”) as well as the location of participating retailers. SPORTSCAST has not reviewed all of the third party sites linked to this site and is not responsible for the contents of or any products or services offered in such third-party sites. Also, access to participating retailers does not constitute an endorsement by SPORTSCAST or any of its subsidiaries or affiliates of any retailers, or the resources, products or services offered by them. SPORTSCAST has no responsibility or liability for these third-party independent policies or actions and is not responsible for the privacy practices or the content of such third-party web sites or retailers. Likewise, SPORTSCAST is not the seller of products purchased from such retailers and is in no way responsible for shipping products and SPORTSCAST disclaims any and all responsibility for shipping and handling of any products. While SPORTSCAST may provide links and locations of participating retailers and vendors who sell their products on-line, SPORTSCAST cannot control the completion or validity of transaction of such retailers and vendors, the content of their websites, and does not endorse or control these independent retailers and vendors. These linked sites and store locations are only for your convenience and therefore you access them at your own risk. However, SPORTSCAST seeks to protect the integrity of its web site and the links placed upon it and therefore welcomes any feedback on not only its own site, but for sites and retailers it links to as well (including if a specific link does not work).
15. MISCELLANEOUS
This Agreement and your use of this site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the state of New York, U.S.A., without giving effect to any principles of any choice of law provisions, and not by the U.N. Convention on Contracts for the Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding involving SPORTSCAST directly or indirectly arising out of or relating to this site (including but not limited to the purchase of SPORTSCAST products) by arbitration as provided below, and any allowable court action shall be in the state or federal courts located in New York County, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products) must be commenced within one (1) year after the claim or cause of action arises. SPORTSCAST may give you responses or notices by electronic mail, posting to this site or by written communication sent by U.S. Postal Service. SPORTSCAST’S failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SPORTSCAST may assign its rights and duties under this Agreement to any party at any time without notice to you. Ifany provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.
16. DISPUTES
A. Arbitration and Venue. Any dispute relating in any way to your visit to www.TheDaveSimsShow.com or to products you purchase through www.TheDaveSIsShow.com shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate www.TheDaveSimsShow.com’s intellectual property rights, www.TheDaveSimsShow.com may seek injunctive or other appropriate relief in any state or federal court in the state of New York and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.
B. Finality of Arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
17. SECURITY
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SPORTSCAST reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
SPORTSCAST reserves the right to investigate suspected violations of these Terms and Conditions.SPORTSCAST reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SPORTSCAST to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SPORTSCAST FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SPORTSCASTDURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SPORTSCAST OR LAW ENFORCEMENT AUTHORITIES.
Last updated: March 12, 2012
© 2012 SPORTSCAST, INC
