SPM SPORTS, INC. WEBSITE TERMS AND CONDITIONS OF USE

Thank you for visiting SportsPageMagazine.com (the “Site”).  This page states the Terms and Conditions (the “Site Terms”) under which you may use this Site.

PLEASE TAKE THE TIME TO READ THIS PAGE CAREFULLY.  BY ACCESSING AND USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 13 AND THAT YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT ANY LIMITATION OR QUALIFICATION, BY THESE SITE TERMS.

SPM Sports, Inc. (“SPM” or “we”) may, at its sole discretion, modify or revise these Site Terms at any time by updating this posting. You are bound by any such modification or revision and should therefore visit this page periodically to review the Site Terms.  By using the Site after we have made any modification or revision, you agree to be bound by the revised terms.  If you do not accept any of the Site Terms stated here, please do not use the Site.  The Company retains the right to deny access to anyone at its complete discretion for any reason.

Privacy Policy
SPM is committed to protecting your privacy. Please refer to our PRIVACY POLICY for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents
This Site is owned by SPM Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (the “SPM Content”), is owned by SPM.

All elements of the Site, including the SPM Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site
This Site and the SPM Content are intended only for the personal enjoyment of visitors to the Site.  You may not use this Site or the SPM Content for any purpose other than for your own personal enjoyment.  Unauthorized use of the SPM Content may violate copyright, trademark, laws of privacy and publicity, and other laws.  You may not download or modify any of the SPM Content or reproduce, display, publicly perform, sell, re-transmit, or otherwise distribute or use the SPM Content in any way for any public or commercial purpose. The use of the SPM Content on any other web site or in a networked computer environment for any purpose is prohibited.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, copyright, trademark, publicity, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, SPM has adopted a policy of terminating, in appropriate circumstances and at SPM’s sole discretion, account holders who infringe the intellectual property rights of SPM or any third party.

Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Copyright Agent
SPM Sports, Inc.
P.O. Box 7496
The Woodlands, TX77387
Phone: (203) 575-1343
E-mail: contactus@sportspagemagazine.com

Trademarks
The SportsPageMagazine and SPM Sports, Inc. names and logos are trademarks of SP, and may not be copied, imitated or used, in whole or in part.  In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SPM and may not be copied, imitated or used, in whole or in part.  All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Interactive Features
The Site may offer opportunities for you to post comments in connection with various features (“Interactive Features”). In order to participate in any Interactive Feature, you may be required to provide accurate and complete personal information consisting of your name and e-mail address, which shall be collected pursuant to the PRIVACY POLICY of this Site.

You must use Interactive Features in a responsible manner. You must not transmit any content (“User Content”) in connection with any Interactive  Feature that: (i) restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of 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; or (ix) contains material irrelevant to the subject matter of the Interactive Feature. SPM shall have the right, but not the obligation, in its sole discretion to review, edit or delete any User Content transmitted in any Interactive Feature that: (a) violates any term of these Terms of Use; or (b) is otherwise illegal, offensive or inappropriate. Depending on the nature of the violation, SPM shall have the sole discretion to terminate your access to the Site. Please be advised that SPM will fully cooperate with any law enforcement authorities or court order requesting or directing SPM to disclose personal information of anyone who submits any User Content that violates the foregoing terms in accordance with the PRIVACY POLICY of the Site.

Although SPM may from time to time monitor or review User Content, SPM is under no obligation to do so and assumes no responsibility or liability arising from the content of any User Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.  Display of any User Content in any Interactive Feature does not constitute approval or endorsement by SPM .

User Content submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, nonconfidential and nonproprietary.  By submitting any User Content to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; and (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and SPM other than pursuant to these Terms of Use.

Indemnification
You agree to defend, indemnify and hold harmless SPM, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the SPM Content, or your violation of any rights of another.

Disclaimer
SPM DOES NOT WARRANT THAT THE SITE IS FREE OF COMPUTER VIRUSES, INFECTION, OR ANYTHING ELSE THAT HAS HARMFUL OR DESTRUCTIVE PROPERTIES.  IN ADDITION, SPM DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SPM IS NOT RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH SERVICING OR REPLACING EQUIPMENT OR DATA THAT RESULT FROM USING THE SITE.  SPM PROVIDES THE SITE AND THE SPM CONTENT ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  SPM DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.  SPM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SPM CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, OR LINKS PROVIDED ON THE SITE.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability
IN NO EVENT SHALL SPM, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE SPM CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the SPM Content shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate SPM’s intellectual property rights, SPM may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

Termination
Notwithstanding any of these Site Terms, SPM reserves the right, without notice and in its sole discretion, to block your use of the Site.

Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to SPM at contactus@sportspagemagazine.com.
© 2009 SPM Sports, Inc.  All rights reserved. Terms and Conditions of Use.
Last Updated: August 2009