Agreement Between User and Telluride Youth Soccer Club
Agreement Between TYSC and User and Modification of Terms
The Telluride Youth Soccer Club (“TYSC”) website is comprised of various
web pages operated by the TYSC and Blue Sombrero. The TYSC website
is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your use of the
TYSC website constitutes your agreement to all such terms, conditions,
and notices. TYSC reserves the right to change the terms, conditions,
and notices under which the TYSC website is offered.
Links to Third Party Sites
The TYSC website may contain links to other websites (“Linked Sites”).
The Linked Sites are not under the control of TYSC and TYSC is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. TYSC is not responsible for webcasting or any other
form of transmission from any Linked Site. TYSC is providing these links
to you only as a convenience, and the inclusion of any link does not imply
endorsement by TYSC of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the TYSC website, you warrant to TYSC that
you will not use the TYSC website for any purpose that is unlawful or
prohibited by these terms, conditions and notices. You may not use the
TYSC website in any manner which could damage, disable, overburden or
impair the TYSC website or interfere with any other party’s use and
enjoyment of the TYSC website. You may not obtain or attempt to obtain
any material or information through any means not intentionally made
available or provided for or through the TYSC website.
Use of Communication Services by You
The TYSC website may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to
communicate the with public at large or with a group (collectively
“Communication Services”), you agree to use the Communication Services
only to post, send and receive messages and material that are proper and
related to the particular Communication Services. By way of example,
and not as a limitation, you agree with TYSC that when using
Communication Service you will not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as right of privacy and publicity) of others.
2. Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information.
3. Upload files that contain software or other material protected by
intellectual property law (or by rights of privacy or publicity) unless
you own or control the rights thereto or have received all necessary
consents.
4. Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of
another’s computer.
5. Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows such messages.
6. Conduct or forward surveys, contests, pyramid schemes or chain
letters.
7. Download any file posted by another use of a Communication
Service that you know or reasonably know, cannot be legally
distributed in such manner.
8. Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded.
9. Restrict or inhibit any other use from using and enjoying the
Communication Services.
10.Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
11.Harvest or otherwise collect information about others, including email
addresses, without their consent.
12.Violate any applicable laws or regulations.
TYSC has no obligation to monitor the Communication Services.
However, TYSC reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
TYSC reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever.
TYSC reserves the right at all times to disclose any information that is
necessary to satisfy any applicable law, regulation, legal process or
government request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in TYSC’s sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. TYSC does not control or endorse the content, messages or
information found in any Communication Service and, therefore, TYSC
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized TYSC
spokespersons, and their views do not necessarily reflect those of TYSC.
Materials Provided to TYSC or Posted at the TYSC Website
TYSC does not claim ownership of the materials you provide to TYSC
(including feedback and suggestions) or post, upload, input or submit to
the TYSC website (collectively, “Submissions”). However, by posting,
uploading, inputting, providing or submitted your Submission you are
granting TYSC and necessary sublicensees permission to use your
Submission in connection with the operation of the website, including
without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your
Submission. You also agree to allow TYSC to copy, distribute, transmit,
publicly display, publicly perform, and/or reproduce photographs of you
or your TYSC athlete (“Photographs of You”) on the TYSC website and/or
related TYSC social media.
No compensation will be paid with respect to the use of your Submission
or Photographs of You, as provided herein. TYSC is under no obligation
to post or use any Submission you may provide and may remove any
Submission and any Photographs of You at any time in TYSC’s sole
discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE TYSC WEBSITE MAY INCULDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. TYSC AND/OR ITS
UPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TYSC
WEBSITE AT ANY TIME. ANY ADVICE RECEIVED BIA THE TYSC WEBSITE
SHOULD NOT BE RELIED UPON FOR ANY DECISION AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
TYSC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION,
SOFTWARE, PODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE TYSC WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS”
WIHTOUT WARRANTY OR CONDITION OF ANY KIND. TYSC HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL TYSC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR INA NY CONNECTED WITH
THE USE OR PERFORMANCE OF THE TYSC WEB SITE, WITH THE DLEAY OR
INABILITY TO USE THE TYSC WEBSITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE TYSC WEBSITE OR OTHERWISE
ARISING OUT OF THE USE OF THE TYSC WEBSITE, WHETHER BASED ON
CONTRACT, TORT, NEGLICENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF TYSC HAS BEEN ADVISED OF THE POSSIBILIYT OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE TYSC WEBSITE OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
TYSC WEBSITE.
Termination/Access Restriction
TYSC reserves the right, in its sole discretion, to terminate your access to
the TYSC website and the related services or any portion thereof at any
time, without notice. This agreement between TYSC and you is governed
by the laws of the State of Colorado and you hereby consent to the
exclusive jurisdiction and venue of courts in San Miguel County, Colorado
in all disputes arising out of or relating to the use of the TYSC website.
Use of the TYSC website is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
TYSC as result of this agreement or use of the TYSC website. TYSC’s
performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of
TYSC’s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the TYSC website or
information provided to or gathered by TYSC with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and TYSC with respect to the TYSC website
and is supersedes all prior or contemporaneous communications and
proposals, whether electronic oral or written, between the user and TYSC
with respect to the TYSC website. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. It is the express with to the parties that this agreement and all
related documents be drawn up in English.
Copyright and Trademark
All contents of the TYSC website created by TYSC (as opposed to Blue
Sombrero) are copyright 2014 by TYSC. All rights reserved. The names
of actual companies and products mentioned herein may be the
trademarks of their respective owners. Any rights not expressly granted
herein are reserved.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law
should be sent to the Blue Sombrero Service Provider’s Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. See Blue Sombrero Notice and Procedure for
Making Claims of Copyright Infringement.
Privacy Policy
The user acknowledges and agrees to the Blue Sombrero Privacy Policy
and agrees that TYSC shall have no liability to user with respect thereto.