In consideration of your use of the Site, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration or ordering process. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. We may deny you access to the Site or reject your order in the event that your information is untrue, inaccurate or incomplete. Unless you cannot remember your username and/or password, you may only register once for use of the Site.
In consideration of your use of the Site, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration or ordering process, provided that in connection with registration, you do not need to, and should not, use your full or true name for your user name. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. We may deny you access to the Site or reject your order in the event that your information is untrue, inaccurate or incomplete. Unless you cannot remember your username and/or password, you may only register once for use of the Site.
2. Limited License To Site
You are granted the limited right and license to view and use the Site only for the purposes of viewing content such as instructional videos and other features, placing product orders or for accessing information and services available on the Site, in each instance for your own personal, non-commercial use. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site.
If you violate these Terms, we may terminate or cancel your access rights to the Site immediately without notice. We may also block your use of the Site. We reserve the right at any time to modify or discontinue the Site or any part thereof and you agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof. Any rights not expressly granted to you herein are reserved to us. Unless you have received specific written permission from us, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. You agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.
The Site may allow users to upload, post, and/or distribute user submitted content, and use of the Site for this purpose is subject to the following conditions:
You acknowledge that we do not pre-screen any Materials posted by you or other users, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Materials. Without limiting any of our rights, we and our designees shall have the right to remove any Materials that violate the Terms or are otherwise objectionable, as well as terminate your access to the Site. You agree that we have no liability or responsibility for the storage or deletion of any Materials that you or any other persons submit or post. We reserve the right to change these general practices and limits at any time in our sole discretion. Unless you enter into a separate agreement with us, such as through a contest, we do not claim ownership in Materials you submit. However, by submitting Materials in any form to us, in addition to other provisions of the Terms, you automatically grant Chalktalk Media Inc., a Delaware corporation, and its successors, assigns, and licensees and parent, subsidiary and other affiliated entities ("Chalktalk Media Enterprises"), an exclusive, fully-paid, world-wide, royalty-free license to publicly display, publicly perform, distribute, and reproduce the Materials in any manner and in any medium, including, without limitation, through physical copies such as still photos, videos, and CDs, by television by any means, on or via the Internet, including, without limitation, the World Wide Web, and any other two-way transmission control protocol / internet protocol (TCP/IP) based distribution network or similar networks or technologies now known or hereafter to become known, including, but not limited to, delivery via such a network to personal computers, hand-held devices, and television set-top boxes through telephone or cable lines, or wirelessly through broadband, satellite, cellular or terrestrial broadcast networks and other similar networks or technologies whether now existing or hereafter developed. You obtain no rights in any form, media, or technology incorporating the Materials. The foregoing notwithstanding, to the extent you submit to us any feedback, comments or other suggestions, such submission shall become the exclusive property of Chalktalk Media Inc.
4. Password And Security
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You acknowledge, consent and agree that we may access, preserve, and disclose your account information and Material 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 these Terms; (c) respond to claims that any Materials violate the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of us, our users or the public. You understand that the technical processing and transmission involved in interacting with the Site, including the transmission of Materials, 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 Site may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site.
5. Contests And Rating Content
From time to time, we may conduct contests in which we may award various prizes. You agree that if you participate in any contest, you will abide by all the rules and be subject to all the terms and conditions of such contest, in addition to these Terms. You agree that you shall rate each individual instance of content on our Site, such as videos, still pictures, flash animation, games and jokes only once.
6. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold us, Chalktalk Media Inc., our affiliates, and ours and their respective officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and Materials, your use of the Site, your violation of these Terms or your violation of any third party's rights, including without limitation such party's copyrights and trademarks.
8. Disclaimer Of Warranties
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THE SITE AND RELATED APPLICATIONS, MATERIALS AND SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. WE HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY OR MAY NOT APPLY IN ITS ENTIRETY TO YOU. IN ADDITION, WE DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
9. Assumption And Risks
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY VIEWING THIS SITE, READING COMMENTS BY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS SITE, YOU MAY BE EXPOSED TO OBJECTIONABLE REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON, OR USER OF, THE SITE.
10. No Incidental, Consequential Or Certain Other Damages
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY OR MAY NOT APPLY IN ITS ENTIRETY TO YOU.
11. Limitation Of Liability And Exclusive Remedy
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY US OR ANY OF OUR AFFILIATES OR AGENTS SHALL BE, AT OUR OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON US; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO US. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Links; Advertisers
The Site contains links to third-party sites that are not under our control and we are not responsible for any content on any linked site. If you access a third-party site from the Site, then you do so at your own risk. We provide links only as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those third-party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
13. General Practices Regarding Use And Storage
You acknowledge that we may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that Materials will be retained by the Site, the maximum number of Materials that may be sent from or received by an account, the maximum size of any Materials, the maximum disk space that will be allotted to you, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time.
14. Our Proprietary Rights
You acknowledge and agree that the Site 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 Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. If you download any software from us through the Site ("Software"), we grant you, subject to these Terms, a personal, non-transferable and non-exclusive right and license to use the object code of such Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, 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, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Site.
15. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this Agreement.
16. Notice And Amendments
We may provide you with notices, including those regarding changes to these Terms, by either e-mail, regular mail, or postings on the Site. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site. Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to us by mail to:
Playsportstv.com 9 Prospect Ave., Plainsboro, NJ 08536
or to a successor address that we make available on the Site or through another reasonable manner. If applicable law requires that we accept email notices (but not otherwise), then you may send us e-mail notice at [email protected] With respect to our notices to you, we may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, we may give notice by sending e-mail to the e-mail address you provide during registration.
17. Procedure For Making Claims of Copyright Or Intellectual Property Infringement
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that through the Site your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
Notice of claims of copyright or other intellectual property infringement can be delivered to the address that follows, by mail:
Playsportstv.com 9 Prospect Ave, Plainsboro NJ 08536 By e-mail: [email protected]
18. General Information
Entire Agreement. These Terms constitute the entire agreement between you and us and govern your use of the Site, and supersedes any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.
Agreement to Arbitrate. You and we agree to submit any dispute arising under this agreement, with the exception of disputes alleging criminal or statutory violations, to binding arbitration in accordance with the Rules of the Better Business Bureau (Binding). A volunteer BBB arbitrator will render a decision that the arbitrator considers to be fair; in doing so, the arbitrator is not required to apply legal principles. The arbitrator’s decision will be final and binding on both you and us, and judgment on the decision may be entered in any court having jurisdiction. All administrative fees for the arbitration will be paid by the business. Further information about BBB arbitration may be obtained by calling the BBB Serving New Jersey at 609-588-0808. This Agreement to Arbitrate affects important legal rights. Neither of us will be able to go to court for disputes that must be arbitrated.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms shall remain in full force and effect.
Please report any violations of these Terms to us at [email protected].