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Website Terms of Service Agreement Use of the Official Website of WHSFOOTBALL.NET (the "Website") is subject to the following terms of service: 1. Website Ownership The Website is owned by Williamstown Football Club and its directors, officers, employees, consultants, and sub-contractors (Williamstown Football Club and all such individuals shall collectively be referred to herein as the “Operators”). All “still” visual materials distributed on the Website (the "Materials") are either owned by or licensed to Williamstown Football Club. WILLIAMSTOWN FOOTBALL CLUB and its licensors retain all proprietary rights in and to the Materials. Except as expressly provided herein, Website users shall not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of WILLIAMSTOWN FOOTBALL CLUB, and the Materials shall not be used in any unauthorized manner at any time whatsoever. 2. Acceptance of Terms The Operators provide the Website to you, subject to the TOS, which may be updated by WILLIAMSTOWN FOOTBALL CLUB from time to time without prior notice to you. It is important for you to periodically refer to these TOS to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TOS. Your use of the Website constitutes your acceptance of these TOS without the requirement of any other action by WILLIAMSTOWN FOOTBALL CLUB. 3. Service Description The Operators provide, or may provide in the future, users with access to a vast collection of online resources, including various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (collectively, the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new WILLIAMSTOWN FOOTBALL CLUB properties and/or services, shall be subject to these TOS. The Operators may change, suspend or discontinue any aspect of the Service and the Website at any time. The Operators may also impose limits on certain features and services or restrict access to parts of or all of the Website and the Service without notice or liability. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated therewith. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You agree that these TOS are personal to you and that you may not resell, lease, license, assign or redistribute the Service, in whole or in part, to any third party. The Operators may offer other services from time to time, which are governed by different terms of service other than the TOS. 4. Copyright; Trademark The Website, the Materials and the Service are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws and are owned or controlled by WILLIAMSTOWN FOOTBALL CLUB or the party credited as the provider of the actual content in question. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website and the Service. Copying or storing any part of the Service is expressly prohibited without prior written permission from WILLIAMSTOWN FOOTBALL CLUB or the copyright holder as identified on the Service. WILLIAMSTOWN FOOTBALL CLUB, WILLIAMSTOWN FOOTBALL CLUB Online, WILLIAMSTOWN FOOTBALL CLUB “All-Access” and any other WILLIAMSTOWN FOOTBALL CLUB-related service marks, trademarks and logos displayed on the Website (collectively, the "WILLIAMSTOWN FOOTBALL CLUB Trademarks") are the property of WILLIAMSTOWN FOOTBALL CLUB or its affiliated companies. You agree not to display or use the WILLIAMSTOWN FOOTBALL CLUB Trademarks in any manner without the expressed written consent of WILLIAMSTOWN FOOTBALL CLUB. No Materials may be copied, reproduced, republished, uploaded, transmitted distributed in any way, except that you may download one (1) copy of the Materials on any single computer for your personal, non-commercial home use only, provided that: (i) you keep intact all copyright, trademark and other proprietary notices; (ii) you make no modification to the Materials; (iii) you do not use the Materials in a manner that suggests an association with our products, services, or brands; and (iv) you do not download quantities of the Materials to a database that can be used to avoid future downloads from the Website or any other WILLIAMSTOWN FOOTBALL CLUB or WILLIAMSTOWN FOOTBALL CLUB website. The use of any of the Materials on any other website or computer environment is expressly prohibited. The "look and feel," of the Website is protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any part of the Website, the Materials and the Service may be copied or retransmitted unless expressly permitted by WILLIAMSTOWN FOOTBALL CLUB. 5. Claims of Copyright Infringement Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), as amended ("DMCA"), WILLIAMSTOWN FOOTBALL CLUB intends to designate to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Website (the "Designated Agent"). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Service
Provider: WILLIAMSTOWN FOOTBALL CLUB. 6. Message Features Participation. The Website may offer opportunities for you to transmit messages ("Message") in connection with various features including vanity email, auctions and message boards ("Message Features"). You must use Message Features in a responsible manner, and are solely responsible for any Message content you transmit. You must not transmit any Message in connection with any Message Features that: (i) imposes an unreasonable or disproportionately large load on the Website's infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website; (ii) is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; (ix) contains material irrelevant to the subject matter of the Message Feature; or (x) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine. In order to participate in any Message Feature, you may be asked to register by providing certain personal information such as your name and/or email address (The Website's Privacy Policy explains how such information may be collected and used). You may also be asked select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(x) above, or any other operating term set forth by the Operators. License. By transmitting any Message or Screen Name, you are granting the Operators a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology now known or hereafter developed. Message and Screen Name Review. The Operators and their vendors act as a passive conduit in connection with your use of Message Features. The Operators and their vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or Screen Name in any Message Feature does not constitute approval or endorsement by the Operators or their vendors. You acknowledge that any Message and Screen Name are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting any Message to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and the Operators and their vendors other than as expressly set forth in these TOS. 7. Votes; Contests; Sweepstakes, Raffels Etc. The Website may offer you opportunities to vote in connection with certain events and also to enter contests and sweepstakes. By participating in any such event, contest or sweepstakes, you signify your agreement to all special terms set forth on the Website applicable to that event, contest or sweepstakes as well as the terms of these TOS. 8. Linking The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website to other websites maintained by third parties do not constitute an endorsement by the Operators or any of their affiliates of any third party website or content. The Operators are not responsible for the availability of these third party resources or their content. You should direct any concerns regarding any external link to its website administrator or webmaster. 9. Disclaimer of Warranties A. USE OF THE WEBSITE, THE SERVICE, ANY SUBSCRIPTION SERVICES, ANY TICKETS, AND ANY MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO THE SERVICE, ALL MATERIALS, MERCHANDISE, TICKETS AND SUBSCRIPTION SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. THE
OPERATORS DO NOT WARRANT THAT: (1) THE WEBSITE, THE SERVICE OR THE
SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR
ERRORS IN THE WEBSITE, MERCHANDISE, SERVICE OR SUBSCRIPTION SERVICES WILL BE
CORRECTED TO THE EXTENT POSSIBLE; (3) THE WEBSITE, THE SERVICE, THE
MERCHANDISE OR THE SUBSCRIPTION SERVICES WILL BE FREE FROM VIRUSES OR OTHER
HARMFUL COMPONENTS; . A. NOTWITHSTANDING ANY TERM IN THESE TOS, OTHER OPERATING TERM SET FORTH BY THE OPERATORS OR ANY ACT OR FAILURE TO ACT BY THE OPERATORS, OR THEIR VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE. B. IN NO EVENT SHALL THE OPERATORS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, TICKETS OR MERCHANDISE. C. IN NO EVENT SHALL THE OPERATORS, THEIR VENDORS OR ANY OTHER WILLIAMSTOWN FOOTBALL CLUB ENTITY (e.g., SUBSIDIARY OR AFFILIATE) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, SERVICE, MERCHANDISE, TICKETS OR SUBSCRIPTION SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF THE OPERATORS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE OPERATORS, THEIR VENDORS AND ANY WILLIAMSTOWN FOOTBALL CLUB ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICE, THE MERCHANDISE OR THE SUBSCRIPTION SERVICES IS $50. D. IN NO EVENT SHALL THE OPERATORS OR ANY OTHER WILLIAMSTOWN FOOTBALL CLUB ENTITY (e.g., SUBSIDIARY OR AFFILIATE) BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SERVICE OR ANY OTHER SITE FEATURE. 11. Indemnification You hereby agree to indemnify and hold WILLIAMSTOWN FOOTBALL CLUB, WILLIAMSTOWN FOOTBALL CLUB, WILLIAMSTOWN FOOTBALL CLUB Regional LLC, all of WILLIAMSTOWN FOOTBALL CLUB’s partner universities or colleges and its vendors, affiliates and subsidiaries as well as each of their respective general and limited partners, members, advertisers, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, any Service, any Subscription Services and/or tickets purchased via the Website; or (B) any alleged breach of these TOS by you. 12. Termination The Operators may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. The Operators may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in the Operators’ sole and exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these TOS or other policies or guidelines posted on the Website or conduct which the Operators believe is harmful to other customers, to the Operators’ business, or to other information providers. In addition, these TOS may be immediately terminated at any time by the Operators in their sole discretion. 13. Choice of Law; Jurisdiction; Attorneys' Fees This Agreement will be governed by the laws of the State of West Virginia applicable to contracts entered into and performed exclusively in that state. Any court of competent jurisdiction sitting within Wood County County, West Virginia will be the exclusive jurisdiction and venue for any dispute arising out of or relating to these TOS and the Website. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. The Operators will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these TOS. 14. Miscellaneous Use of the Website is subject to all applicable laws and regulations, including U.S. export laws. No software from the Website may be downloaded or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Website, 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. These TOS constitute the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. The Operators in their sole discretion may amend these TOS. If any term in these TOS is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in these TOS are for convenience only and must not be given any legal import. Material DLL: August 2008.
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