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HIGHSCHOOLPLAYBOOK.COM TERMS OF USE
Welcome to the HighSchoolPlaybook.com web site (the 'Web Site'), which is owned and operated by Hearst-Argyle Television, Inc. and which is designed to provide visitors with high school sports data and information, related features and services (the 'Service'). The Web Site is intended for users high school age and older. The terms and conditions set forth herein (the 'Terms of Use') constitute a legally binding agreement between the Web Site and you regarding the terms on which the Web Site offers you access to its Service, including proprietary Web Site content and advertising for products, services or candidates. By using the Service and/or visiting the Web Site, you agree to these terms and the privacy notice. We may, in our sole discretion, terminate your access to the Web Site at any time and without notice, including without limitation due to any violation by you of these terms and conditions.
Please also review HighSchoolPlaybook.com Visitor Guidelines and Copyright Tips for additional information, both of which are incorporated by reference into these Terms of Use.
This Agreement applies only to the Web Site. If you access another web site from the HighSchoolPlaybook.com web site, as explained in Section 11 below, any additional or different terms and conditions associated with those websites apply. We may modify and revise these terms at anytime and you agree to be bound by such modifications. Please periodically review these terms to ensure you are following the latest version.
1. Your Use of the Service and this Web Site is Governed by These Terms of Use
Please take a few minutes to carefully review the Terms of Use before accessing or using the Web Site. By accessing and using this Web Site, you agree to be bound by each of the Terms of Use and all applicable laws and regulations governing the Web Site. If you do not agree with any of the Terms of Use, you are not authorized to access or use this Web Site for any purpose. In addition, by clicking Accept on the pop-up screen before you provide ?User-Generated Content? (as defined in Section 6 below) you further agree to the terms governing submission of User-Generated Content.
2. These Terms of Use May Change Without Prior Notice
The Web Site reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Web Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use this Web Site. The last date these Terms of Use were revised is set forth below.
3. HighSchoolPlaybook.com Accounts
You may be asked to create an account with HighSchoolPlaybook.com to access some features of the Web Site. When creating your account, you must provide complete and accurate information. You agree that you will provide information on your own behalf using your own information. You alone are responsible for any activity that occurs on your account. You may be asked to select a unique username and password or provide other information. You must keep your account password secure, and you must notify HighSchoolPlaybook.com immediately of any unauthorized use of your account. HighSchoolPlaybook.com will not be liable for your losses caused by unauthorized use of your account, but you may be liable for HighSchoolPlaybook.com?s or others? losses due to such use.
4. Notices of Restrictions on Your Use
The Service, the Web Site and all data and information and/or content that you see, hear or otherwise experience on the Web Site (the 'Content'), other than User-Generated Content (as defined in Section 10 below), belong to the Web Site, its owners, partners, affiliates, contributors or third parties and are protected by U.S. and international copyright, trademark, intellectual property and other laws. Content provided by any news channel or station is used on the Web Site with the permission of that news channel or station. Content provided by the Associated Press and other third parties is used on the Web Site with the permission of the Associated Press or such third parties.
a. Restrictions on Use
You may use the Web Site, the Service and the Content solely for your personal, non-commercial use. You may download, print and store selected portions of the Content, provided that you only use these copies of the Content for your own personal, non-commercial use; do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a Web site. For example, but without limitation, you are prohibited from e-mailing content to any of your friends; and do not modify or alter the Content in any way, or delete or change any copyright or trademark notice or other legal notice.
No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading. Hearst reserves complete title and full intellectual property and all other rights in any Content you copy or download from this Web site.
You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content obtained from the Web Site or the Service, except as expressly permitted by these Terms of Use. Moreover, you may not use any of the trademarks, servicemarks or logos ('marks') appearing throughout this Web Site without express written consent from the owner of the marks, except as permitted by applicable law.
5. User Conduct
You agree not to take any action that interferes with the proper working of the Web Site; imposes an unreasonable or disproportionately large load on the Web Site?s infrastructure; might compromise the security of the Web Site; render the Web Site or the Service inaccessible to others; or otherwise cause damage to the Web Site or any Content contained on the Web Site. You agree not to add to, subtract from, or otherwise modify the Content on the Web Site except as expressly authorized by the Web Site in these Terms of Use or by a written agreement between you and the Web Site. You further agree not to use or launch any automated system, including without limitation, any ?robot,? ?spider,? or ?offline reader? that accesses the Web Site in a manner that sends more requests to HighSchoolPlaybook.com servers in a given period of time than a human can reasonably generate in the same period using a conventional web browser.
6. User-Generated Content
On some parts of the Web Site, you can post messages or express your comments on a given topic, or start a new topic to which others can respond. To do so, you may need to create a HighSchoolPlaybook account (as explained above). Any information, data, text, software, photographs, graphics, messages, or other material you post on, or submit to, the Web Site constitutes 'User-Generated Content'). You agree not to upload, distribute, post or otherwise publish (or allow others to do these things) through the Web Site or the Service:
any User-Generated Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of privacy or publicity of any party;
any libelous, defamatory, obscene, threatening, advertising, pornographic, abusive, or otherwise illegal User-Generated Content, including but not limited to User-Generated Content related to the promotion or furtherance of gambling, illegal weapons or illegal substances sales, speech in violation of hate crime laws, the exportation of software or technical information in violation of U.S. export control laws, acts of terrorism, fraud or plans to encourage or help others to commit a crime or fraud, including but not limited to engaging in a pyramid or ponzi scheme, or sending chain letters that request money or other items of value, or other crime under applicable federal, state, local or international laws or regulations;
any User-Generated Content related to gambling;
any User-Generated Content that you do not have the right to transmit under law or under contractual or fiduciary relationships;
any User-Generated Content 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; or
any User-Generated Content that harms minors in any way.
If you post anything on the Web Site, you guarantee to us that you have the legal right to post your material and that it will not violate any law or the rights of any person or entity. You are solely responsible for your own User-Generated Content and the consequences of posting or publishing it. In connection with User-Generated Content you post to the Web Site, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize HighSchoolPlaybook to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such content.
IN OTHER WORDS, AND AMONG OTHER THINGS, AS STATED IN THE PREVIOUS PARAGRAPH, YOU WILL NOT POST CONTENT ON THE SITE THAT YOU DO NOT OWN WITHOUT PERMISSION OF THE OWNER OF THE CONTENT, INCLUDING PHOTOGRAPHIC, MUSIC, AND VIDEO CONTENT
You retain all ownership rights in your original User-Generated Content. However, by posting User-Generated Content on the Web Site, you give the Web Site (and its parents, successors and affiliates) the royalty-free, irrevocable, perpetual, worldwide right to use, assign, sublicense, distribute, display and create derivative works from this User-Generated Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. You also hereby grant to each user of the Web Site a non-exclusive license to access your User-Generated Content through the Web Site and to use, reproduce, distribute, display and perform such User-Generated Content as permitted through the functionality of the Web Site and under these Terms of Use. You also acknowledge and agree that you are solely responsible for the content of any of your messages. Nevertheless, we reserve the right to delete, move, or edit messages in our sole discretion. You also hereby grant to the Web Site a non-exclusive, perpetual and irrevocable right and license in User-Generated Content that you submit to the Service or the Web Site, and you agree that such content may be edited, removed, modified, published, transmitted, and/or displayed by the Web Site and its licensees, in all media now known or hereafter created and you waive any and all rights you may have with respect to the alteration, modification, or removal of your User-Generated Content.
By using the Web Site, you understand and agree that the Web Site is not responsible for the truth, completeness, objectivity or usefulness of any third-party posting, nor does the Web Site endorse any posting. By viewing third-party postings, you assume the risk of believing or disbelieving any content contained therein. Although the Web Site has the right to do so, the Web Site generally does not, and assumes no obligation or duty to, screen, monitor, edit or review any third-party postings. The Web Site generally has the right to monitor or remove any third-party postings at any time and without notice pursuant to these Terms of Use, our Privacy Statement or our agreements with third parties. From time to time, we receive requests to disclose the identities of users who post messages to the Web Site. You understand and agree that we may do so pursuant to the Terms of Use or our Privacy Statement.
You also acknowledge that portions of the Web Site contain unedited materials, some of which may be sexually explicit or offensive to you. You access such materials at your own risk. The Web Site has no control over and accepts no responsibility whatsoever for such materials. Notwithstanding the foregoing, HighSchoolPlaybook reserves the right to decide whether any content is appropriate and complies with these Terms of Use. HighSchoolPlaybook may at any time, without prior notice and at its sole discretion, remove any content and/or terminate a user?s access for uploading material that is pornographic, obscene, defamatory, excessive in length, or otherwise objectionable as deemed by HighSchoolPlaybook.com or in violation of these Terms of Use.
7. Personal Information and Privacy Policy
The Web Site may monitor, record, collect and use for any lawful purpose information generated through your use of the Web Site or the Service. The collected information is subject to our Privacy Statement. Your obligations under these Terms of Use are in no way conditioned on the Web Site complying with the terms of our Privacy Statement. Click here to see the Web Site privacy notice.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB SITE AND THE SERVICE. THE WEB SITE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE OR THE SERVICE. THE WEB SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEB SITE, THE SERVICE, OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). THE WEB SITE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB SITE, THE SERVICE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEB SITE OR THE SERVICE. THE WEB SITE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE OR THE SERVICE WILL BE CORRECTED. THE WEB SITE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE WEB SITE OR THE SERVICE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEB SITE, THE SERVICE AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? BASIS.
a. Specific Disclaimer For Downloading of Files
The Web Site cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection by viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. The entire risk as to the quality and performance of the Web Site or the Service, the accuracy of any information or content provided through the Web Site or the Service, or quality of any file used in conjunction with the Web Site or the Service is solely and exclusively with you the user.
b. Specific Disclaimer for International Use
The Web Site makes no representation that information content provided on the Web Site is applicable or appropriate for use in locations outside the United States. Portions or versions of the Web Site that have been translated into any language other than English are provided for the convenience of the user only. the Web Site makes no representation or warranty that the translations are complete and accurate and the Web Site, by providing some content in a language other than English, undertakes no obligation to provide translations of all or any portion of the Web Site in any language except as determined by the Web Site. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
9. Limitation of Liability
IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO,
ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN,
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE,
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR THE SERVICE, OR
ANY OTHER MATTER RELATING TO THE WEB SITE OR THE SERVICE, EVEN IF THE WEB SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE WEB SITE?S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Indemnification
You understand and agree that you are personally responsible for your behavior on the Web Site and for your use of the Content. You agree to indemnify, defend and hold harmless the Web Site, its parents, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service ('Indemnified Parties') from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys? fees, resulting from or arising out of your use of the Web Site or the Service or your use of the Content, any violation by you of this Agreement, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Web Site or Service through your user account. You agree to cooperate as fully as reasonably required 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. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
11. General Provisions
a. Entire Agreement
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by the Web Site of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies
The information in the Web Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. No Endorsements of Links
Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by the Web Site of the third party, the third-party Web site, or the information contained therein. You acknowledge and agree that the Web Site is not responsible for the availability of any such Web sites and that the Web Site does not endorse or warrant, and is not responsible or liable for any such Web site, or the content on such Web site, or the services offered by such Web site. Under no circumstances will the Web Site be responsible for any loss or damage resulting from your use of any such Web site or the services offered by such Web site or any content posted on such Web site or transmitted from such Web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web site.
d. Enforcement
The Web Site will investigate and take appropriate legal action against anyone who violates any of the provisions of this agreement, including without limitation, barring violators from use of the Web Site and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action, the Web Site may obtain full recovery of all damages it suffers and may also obtain punitive and consequential damages. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the State of New York without regard to any conflict of laws provisions. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in the State of New York U.S.A., regarding any and all disputes relating to these Terms of Use, the Web Site Privacy Statement, and your use of the Web Site, the Service, or Content or User-Generated Content contained therein.
e. Claims of Copyright Infringement
In the event that you claim to be the copyright owner of any Content, you agree to immediately notify the Web Site of any claimed copyright infringement. You further agree to provide the Web Site?s copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512:
your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf;
a statement that you, the complaining party, have a good faith belief that the use of the material in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. The Web Site?s Copyright Agent for notice of claims of copyright infringement on or relating to this Web Site can be reached by contacting us here.
f. Severability
If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force.
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