TouchLeague.com
welcomes you. TouchLeague.com
provides its service to you subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without notice
to you. You can review the most current version of the TOS at any time at:
http://www.TouchLeague.com/Terms_of_Service.aspx. In addition, when using
particular TouchLeague.com owned or operated services, you and TouchLeague.com
shall be subject to any posted guidelines or rules applicable to such services,
which may be posted from time to time. All such guidelines or rules (including
but not limited to our Spam Policy) are hereby incorporated by reference into
the TOS. TouchLeague.com may also offer other services that are governed
by different Terms of Service.
TouchLeague.com
provides users with access to a rich collection of resources, including various
communications tools, forums, shopping services, search services, personalized
content and branded programming through its network of properties which may be
accessed through any various medium or device now known or hereafter developed
(the "Service"). You also understand and agree that the Service may
include advertisements and that these advertisements are necessary for TouchLeague.com
to provide the Service. You also understand and agree that the Service may
include certain communications from TouchLeague.com, such as service
announcements, administrative messages and the TouchLeague.com Newsletter,
and that these communications are considered part of TouchLeague.com
membership and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augments or enhances the
current Service, including the release of new TouchLeague.com properties,
shall be subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that TouchLeague.com assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings. You are responsible for obtaining
access to the Service, and that access may involve third-party fees (such as
Internet service provider or airtime charges). You are responsible for those
fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
Please
be aware that TouchLeague.com is a service offered to adults and you must
be at least 18 years of age to access, view, and participate in TouchLeague.com
services.
In
consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the
Registration
Data and certain other information about you is subject to our Privacy Policy.
For more information, see our full privacy policy at http://www.TouchLeague.com/Privacy_Policy.aspx.
You understand that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the United States and/or other countries for
storage, processing and use by TouchLeague.com and its affiliates.
You
will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify TouchLeague.com
of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. TouchLeague.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section.
You
understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from whom such Content originated. This
means that you, and not TouchLeague.com, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available via
the Service. TouchLeague.com does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances
will TouchLeague.com be liable in any way for any 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 Content posted, emailed,
transmitted or otherwise made available via the Service.
You
agree to not use the Service to:
1. upload, post, email, transmit or
otherwise make available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
2. harm minors in any way;
3. impersonate any person or entity,
including, but not limited to, a TouchLeague.com official, forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation with
a person or entity;
4. forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted through
the Service;
5. upload, post, email, transmit or
otherwise 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 inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
6. upload, post, email, transmit or
otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any
party;
7. upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation,
except in those areas (such as shopping) that are designated for such purpose
(please read our complete Spam Policy);
8. upload, post, email, transmit or
otherwise 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 or telecommunications
equipment;
9. disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users of the Service are
able to type, or otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
10. interfere with or disrupt the Service or
servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
11. intentionally or unintentionally violate
any applicable local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of law;
12. provide material support or resources (or
to conceal or disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act;
13. "stalk" or otherwise harass
another; and/or
14. collect or store personal data about
other users in connection with the prohibited conduct and activities set forth
in paragraphs a through m above.
You
acknowledge that TouchLeague.com may or may not pre-screen Content, but
that TouchLeague.com and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or move any Content
that is available via the Service. Without limiting the foregoing, TouchLeague.com
and its designees shall have the right to remove any Content that violates the
TOS or is otherwise objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by TouchLeague.com
or submitted to TouchLeague.com, including without limitation information
in TouchLeague.com Message Boards and in all other parts of the Service.
You
acknowledge, consent and agree that TouchLeague.com may access, preserve
and disclose your account information and Content if required to do so by law
or in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or (e) protect the rights,
property or personal safety of TouchLeague.com, its users and the public.
You
understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You
understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
that use of these materials is subject to usage rules set by TouchLeague.com
and/or content providers who provide content to the Service. You may not
attempt to override or circumvent any of the usage rules embedded into the
Service. Any unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in whole or in
part, is strictly prohibited.
When
you register with TouchLeague.com, you acknowledge that in using TouchLeague.com
services to send electronic communications (including but not limited to email,
search queries, sending messages to TouchLeague.com Chat or TouchLeague.com
Groups, uploading photos and files to TouchLeague.com Photos or Briefcase,
and other Internet activities), you will be causing communications to be sent
through TouchLeague.com's computer networks, portions of which are located
in Texas and other locations in the United States and portions of which are
located abroad. As a result, and also as a result of TouchLeague.com’s
network architecture and business practices and the nature of electronic
communications, even
communications that seem to be intrastate in nature can result in the
transmission of interstate communications regardless of where you are physically
located at the time of transmission. Accordingly, by agreeing to this Terms of
Service, you acknowledge that use of the service results in interstate data
transmissions.
Recognizing
the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data
exported from the
TouchLeague.com
does not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant TouchLeague.com
the following worldwide, royalty-free and non-exclusive license(s), as
applicable:
* With respect to Content you submit or
make available for inclusion on publicly accessible areas of TouchLeague.com
Groups, the perpetual, irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform and
publicly display such Content (in whole or in part) and to incorporate such
Content into other works in any format or medium now known or later developed.
* With respect to photos, graphics, audio
or video you submit or make available for inclusion on publicly accessible
areas of the Service, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in part) and to
incorporate such Content into other works in any format or medium now known or
later developed.
* With respect to Content other than
photos, graphics, audio or video you submit or make available for inclusion on
publicly accessible areas of the Service, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format or medium
now known or later developed.
"Publicly
accessible" areas of the Service are those areas of the TouchLeague.com
network of properties that are intended by TouchLeague.com to be available
to the general public or other members of TouchLeague.com.
You
agree to indemnify and hold TouchLeague.com and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or otherwise
make available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
You
agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes, any portion of the Service (including your TouchLeague.com
ID), use of the Service, or access to the Service.
You
acknowledge that TouchLeague.com may establish general practices and
limits concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of email messages
that may be sent from or received by an account on the Service, the maximum
size of any email message that may be sent from or received by an account on
the Service, the maximum disk space that will be allotted on TouchLeague.com's
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time. You
agree that TouchLeague.com has no responsibility or liability for the
deletion or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge that TouchLeague.com
reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that TouchLeague.com reserves the right
to modify these general practices and limits from time to time.
TouchLeague.com
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that TouchLeague.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
You
agree that TouchLeague.com may, under certain circumstances and without
prior notice, immediately terminate your TouchLeague.com account, any
associated email address, and access to the Service. Cause for such termination
shall include, but not be limited to, (a) breaches or violations of the TOS or
other incorporated agreements or guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service (or any
part thereof), (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with
the Services. Termination of your TouchLeague.com account includes (a)
removal of access to all offerings within the Service, (b) deletion of your
password and all related information, files and content associated with or
inside your account (or any part thereof), and (c) barring of further use of
the Service. Further, you agree that all terminations for cause shall be made
in TouchLeague.com's sole discretion and that TouchLeague.com shall
not be liable to you or any third party for any termination of your account,
any associated email address, or access to the Service.
Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that TouchLeague.com shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
The
Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because TouchLeague.com has no control over such
sites and resources, you acknowledge and agree that TouchLeague.com is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products or other materials on or available from such sites or resources. You
further acknowledge and agree that TouchLeague.com shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
You
acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
by advertisers is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized by TouchLeague.com
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
TouchLeague.com
grants you a personal, non-transferable and non-exclusive right and license to
use the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative
work from, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, nor to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by TouchLeague.com for use in
accessing the Service.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TouchLeague.com AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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.
2. TouchLeague.com AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED 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.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM TouchLeague.com OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY
EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS
MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO
HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE
AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT TouchLeague.com AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU 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 TouchLeague.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO
YOU.
If
you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 18 and
19 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The
Service is provided for informational purposes only, and no Content included in
the Service is intended for trading or investing purposes. TouchLeague.com
and its licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted or made available via
the Service, and shall not be responsible or liable for any trading or
investment decisions based on such information.
You
agree that, except as otherwise expressly provided in this TOS, there shall be
no third-party beneficiaries to this agreement.
TouchLeague.com
may provide you with notices, including those regarding changes to the TOS, by
email, regular mail or postings on the Service.
TouchLeague.com
respects the intellectual property of others, and we ask our users to do the
same. TouchLeague.com may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide TouchLeague.com's Copyright Agent
the following information:
1. an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
2. a description of the copyrighted work or
other intellectual property that you claim has been infringed;
3. a description of where the material that
you claim is infringing is located on the site;
4. your address, telephone number, and email
address;
5. a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
6. a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
TouchLeague.com's
Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By
mail:
Copyright
Agent
c/o
TouchLeague.com
9131
Leaside Dr.
Dallas,
TX 75238
By
email: copyright@TouchLeague.com
Entire
Agreement. The TOS constitutes the entire agreement between you and TouchLeague.com
and governs your use of the Service, superseding any prior agreements between
you and TouchLeague.com with respect to the Service. You also may be
subject to additional terms and conditions that may apply when you use or
purchase certain other TouchLeague.com services, affiliate services,
third-party content or third-party software.
Choice
of Law and Forum. The TOS and the relationship between you and TouchLeague.com
shall be governed by the laws of the State of
Waiver
and Severability of Terms. The failure of TouchLeague.com to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect.
No
Right of Survivorship and Non-Transferability. You agree that your TouchLeague.com
account is non-transferable and any rights to your TouchLeague.com ID or
contents within your account terminate upon your death. Upon receipt of a copy
of a death certificate, your account may be terminated and all contents therein
permanently deleted.
Statute
of Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The
section titles in the TOS are for convenience only and have no legal or
contractual effect.
Please
report any violations of the TOS to our Customer Care group.
All
teams, players, and coaches are wholly owned and operated by
TouchLeague.com. They cannot be
sold and any illusion of user ownership is solely for entertainment purposes
and should not be construed as actual ownership.
TouchLeague.com
reserves the right to dismiss any member from their group and from the TouchLeague.com
community. If a dismissed member has any
credit on file it will be forfeited.
Failure
to meet the requirements laid out for members may result in dismissal from TouchLeague.com.
Members
may not use the TouchLeague.com name or trademark without express and
written consent of TouchLeague.com.
Any trademarks and service marks and other TouchLeague.com logos,
team logos, and product and service names are trademarks of TouchLeague.com
Inc. (the "TouchLeague.com Marks"). Without TouchLeague.com's
prior permission, you agree not to display or use in any manner the TouchLeague.com
Marks.