Copyright © 2012 Athletics Illustrated
The contents of this website at athleticsillustrated.com (the “Website”) are protected by copyright and may be used only for your personal non-commercial purposes. All other rights and uses are reserved and require the prior permission of the owner of the copyright. For further information, please contact the editor or publisher.
This Website is provided to you by Athletics Illustrated and its subsidiaries, affiliates and related companies (together referred to as “we”, “us” or “our”) subject to the terms and conditions of this Agreement. By accessing and using our services and this Website, including any user-contribution features such as comments, photo galleries, or any other feature, you expressly agree to abide by the terms of this Agreement.
If you do not agree with the terms of this Agreement, you must not use this Website.
At any time without notice or liability, and for any reason whatsoever, we may change, suspend or terminate any aspect of the Website. It is your responsibility to check this Website periodically for changes. If you do not agree with any changes, you must not use this Website. Your continued use of this Website for 15 days or more following the posting of changes to this Agreement will mean that you accept and agree to these changes.
User Content and Conduct
We believe it is absolutely possible for people from a variety of points of view to discuss issues in a civil manner, and we want to encourage an open exchange of information and ideas subject to the obligations set out in this Agreement.
All information, data, text, software, music, photographs, graphics, images, avatars, video, messages, ideas, reviews, opinions, suggestions or other materials on the Website (the “Content”) that is posted, e-mailed, transmitted, uploaded or otherwise submitted to the Website by you (the “User Content”) is your sole responsibility. By contributing to this Website, you agree not to:
solicit anyone to buy or sell products or services, or to make donations of any kind, or to promote other web sites, without our express written approval, or where expressly permitted; upload, post, distribute, e-mail or otherwise publish or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
have multiple personalities on our boards (each user may have only one username);
create usernames which are objectionable, even those which utilize typographical obfuscations;
impersonate anyone on this Website; upload, post, distribute, e-mail or otherwise publish or make available any content that is libelous, defamatory, obscene, harmful, vulgar, sexually explicit, threatening, tortuous, harassing, abusive, invasive of another user’s privacy, hateful, racially or ethnically objectionable, or otherwise illegal;
upload, post, distribute, e-mail or otherwise publish or 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 insider information, and, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
upload, post, distribute, e-mail or otherwise publish or make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, without limitation, promoting an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
upload, post, distribute, e-mail or otherwise publish or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, telecommunications, or other equipment; and
attempt to discover or give out any private information about other users.
We reserve the right, but do not assume the obligation, to remove postings and ban users who violate this Agreement from using our services and the Website. We also reserve the right to reveal users’ identity (or whatever information we may know about users, including IP address(es)) in the event of a complaint or legal action arising from this type of action.
If your account has been banned, and you have a reasonable case to make regarding reinstating your account, please e-mail us.
Any user who feels that a contribution to this Website is objectionable is encouraged to click the “Suggest removal” link related to the specific post or posts. We have the ability to remove objectionable messages and we will make every effort to do so — within a reasonable time frame — if we determine that removal is necessary.
It is important to know that we DO NOT review (and take no responsibility for) every contribution made on this Website. More than likely, you will see user contributions before anyone on staff here does. This may include information and opinions from a variety of individuals and organizations other than official content from this Website and its staff.
You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any loss, damage or injury related to, or arising as a result of, any Content (including User Content), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any User Content. We do not endorse or guarantee the accuracy of any user contribution, regardless of whether it comes from a user, celebrity, “expert,” or other source.
Your entry or participation in any contest, sweepstakes, promotion or other similar offering on the Website (each, a “Contest”) shall also be subject to and governed by the specific rules and regulations in respect of that Contest.
License to User Content
By posting your User Content on the Website, you hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, disseminate, perform, transmit and display such content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content without compensation or obligation to you. You hereby waive all “moral rights” in and to your User Content. Nothing herein obligates us to use or publish the User Content in any manner. The rights granted hereunder may be freely assigned or sub-licensed by us to any third party. If you are not the owner of such User Content, you warrant that the owner of the User Content has expressly granted a similar license. There is no relationship of any type created, including without limitation any agency, or fiduciary relationship, as between you and us, by virtue of the submission by you of User Content to the Website.
Responsibility for Minors
In cases where you have authorized a minor to use the Website, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Website; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Website may contain Content that is inappropriate for minors. You acknowledge that we have no obligation to monitor any Content accessible through the Website.
Our Intellectual Property
All Content available on the Website is protected by Canadian and worldwide copyright laws and treaty provisions. We grant you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Website, including without limitation, by caching, framing, deep-linking or similar means, without the prior written consent of the respective copyright owner of such Content.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Webste. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or “refresh” pages contained on the Website, or make any other request to transactional servers, more than once during any three second interval.
RSS Use Policy
By accessing the Website Really Simple Syndication (“RSS”) feeds, you are consenting to be bound by the following terms and conditions which govern your use of the RSS feeds. If you do not agree to all of the terms and conditions, do not access our RSS feeds.
The RSS feeds are provided solely for the purpose of allowing individuals to view headlines from the Website within news readers and blogs for their personal, non-commercial use. Any other uses of the RSS feeds are strictly prohibited.
We retain all ownership and other rights in the RSS feeds, including all rights under copyright. You may not edit or modify the text, content, or links supplied in the RSS feeds. You may not display the RSS feeds in any manner that does not permit immediate linking to, redirection to, or delivery of the applicable Website web page. You may not frame or otherwise control the browser window, if any, in which the Website web page opens, nor may you insert any jump pages or other intermediate or interstitial pages between the RSS link and the applicable Website web page. No content, including any advertisements or other promotional content, may be added to the RSS feeds.
We reserve the right to cease distribution of any or all of the RSS feeds and/or to change the content or formatting of the RSS feeds at any time, at our sole discretion, and without notice to you. We reserve the right to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds for any reason, including but not limited to, your commercial use of the RSS feeds or any other violation of this Agreement.
Content Linked to the Website
Third Party Dealings & Online Sales Disclaimer
You acknowledge that some of the services accessible on the Website are provided by third parties. You acknowledge that in dealings with third parties, we are not the seller or provider and your agreement of purchase or for services with such third party is between you and the third party, and not us. We assume no responsibility whatsoever for any charges you, or any user of any account you may establish through the Website, incur when making purchases or other transactions in this manner. The responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours and/or the third party’s alone. You agree that we are not responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Website, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties.
You agree to defend, indemnify and hold us, our subsidiaries, affiliates and licensors and each of our respective officers, directors, employees and agents, including all third parties mentioned on the Website harmless, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of this Agreement, (b) your access to or use of the Website or the Content; (c) your submitting User Content, or (d) your use or reliance on, or publication, communication or distribution of anything on or from Website. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:
(a) Your use of the Website is at your sole risk. To the maximum extent permitted by applicable law, the Website (including RSS feeds) is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) To the maximum extent permitted by applicable law, we make no warranty that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations, and (v) any errors in the Website will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from us, the Website or through or from any service shall create any warranty not expressly stated in the terms and conditions.
LIMITATION OF LIABILITY
You expressly understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the website; or (v) any other matter relating to the Website.
You expressly acknowledge that we have entered into this Agreement, and have and will make the Website and content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in this Agreement, and that the same form an essential basis of the bargain between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth in these terms and conditions will survive, and continue to apply in the case of, fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this Agreement.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Governing Law/Jurisdictional Issues
This Agreement will be interpreted, construed and governed by the laws in force in the Province of British Columbia, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. Each party hereby agrees to submit to the exclusive jurisdiction of the courts of the Province of British Columbia sitting at Vancouver, and to waive any objections based upon venue.
What is Personal Information?
Personal information is personally identifiable information. Examples of personal information that we may collect, use and disclose include your contact information (name, address, phone number or email address), your billing information (credit card number or banking information), and other information that you may provide to us. Personal information does not include publicly available information or business contact information.
Personal Information We Collect and How We Use It
In most cases, we will collect personal information directly from you when you purchase or interact with us or the Website about a product or service that we offer or provide (for example, when you subscribe to the newspaper or a newsletter or when you email us or contact us through the Website). Occasionally, we may collect personal information from a third party based on your consent or as otherwise permitted by law.
We identify the purposes for which we may collect, use and disclose your personal information at the time that we collect such information. Such purposes include:
providing and delivering products or services to you;
responding to your inquiries;
sending you newsletters and offers of products, services and events.
meeting legal and regulatory requirements;
notifying you about changes to our services and sending you offering of new products and services; and
internal business purposes such as administering or improving our Website.
For example, when you use the Website, you will be given the option of:
receiving recurring informational newsletters via email from us
receiving offers of products, services and events; and
participating in contests and other promotions.
Information Sharing and Disclosure
We only share or disclose personal information to other companies or individuals in the following limited circumstances:
we have your consent;
we have a good faith belief that access, use or disclosure of personal information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) detect, prevent, or otherwise address fraud, security or technical issues, or (c) protect against imminent harm to the rights, property or safety of, Athletics Illustrated its users or the public;
as required or permitted by law; and to another entity as part of a merger, a sale of assets or all or part of a business, or any other corporate change or re-organization. We will NOT sell or rent your personal information to anyone in any case and any price.