Terms & Conditions
Written by Administrator   
Wednesday, 26 May 2010 12:37

Thank you for your interest in using the online services (the “Service”) operated by Three Boys Sports, LLC d/b/a TurfBurner (“TurfBurner”) and offered through the Three Boys Sports, LLC network of websites (the “Sites”). These Terms of Service (“Terms”) govern your use of the Service and the Sites (collectively, the “TurfBurner Network”). Please read these Terms carefully. By using the TurfBurner Network, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the TurfBurner Network.

 

1. Your Responsibilities.

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the TurfBurner Network and for paying all charges related thereto.

 

When you register to become a member of the Sites, TurfBurner collects certain personal information about you. You agree that TurfBurner may use any information TurfBurner obtains about you in accordance with the provisions of the TurfBurner Network Privacy Policy.

 

You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. In addition, you agree not to use the TurfBurner Network to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, 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; (e) stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the TurfBurner Network; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (g) interfere with or disrupt the TurfBurner Network or servers or networks connected to the TurfBurner Network, or disobey any requirements, procedures, policies, or regulations of networks connected to the TurfBurner Network.

 

2. User Submissions.


TurfBurner does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the TurfBurner Network (collectively, “User Submissions”).

 

As between TurfBurner and you, you own all rights to your User Submissions. However, you grant to TurfBurner and TurfBurner’s affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that the exercise by TurfBurner of its rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your personal information in accordance with the terms of the Privacy Policy.

 

TurfBurner reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. TurfBurner does not pre-screen User Submissions and you agree that you are solely responsible for all of your User Submissions. TurfBurner is not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. TurfBurner is not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and TurfBurner’s authorized use thereof do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).

 

3. Copyright Infringement.

TurfBurner respects the intellectual property rights of others. Accordingly, TurfBurner has a policy of removing User Submissions that violate copyright law, suspending access to the TurfBurner Network (or any portion thereof) to any user who uses the TurfBurner Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the TurfBurner Network in violation of copyright law.

 

Pursuant to Title 17 of the United States Code, Section 512, TurfBurner has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the TurfBurner Network, please provide written notice to the following TurfBurner agent for notice of claims of copyright infringement.

 

[ADDRESS]
Email: [EMAIL]

 

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow TurfBurner to locate that material; (d) contain adequate information by which TurfBurner can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to TurfBurner’s designated agent.

 

4. Termination.

TurfBurner may terminate your TurfBurner Network membership or suspend your access to all or part of the TurfBurner Network, without notice, if you violate these Terms or you engage in any conduct that TurfBurner, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of TurfBurner, any other TurfBurner Network user, or any third party.

 

YOU AGREE THAT TURFBURNER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE TURFBURNER NETWORK (OR ANY PORTION THEREOF).

 

You may discontinue your participation in and access to the TurfBurner Network at any time. TurfBurner reserves the right to investigate your use of the TurfBurner Network in the event TurfBurner, in its sole and absolute discretion, believes you have violated these Terms.

 

5. Modifications To Terms.

TurfBurner may, in its sole and absolute discretion, change these Terms from time to time. TufBurner will post notice of such changes on the Sites. If you object to any such changes, your sole recourse shall be to cease using the TurfBurner Network.

 

Continued use of the TurfBurner Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

 

6. Modifications To TurfBurner Network.

TurfBurner reserves the right to modify or discontinue the TurfBurner Network with or without notice to you. YOU AGREE THAT TURFBURNER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD TURFBURNER EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE TURFBURNER NETWORK.

 

7. Fees.

TurfBurner reserves the right at any time to charge fees for access to new TurfBurner Network content or services or to portions of the existing TurfBurner Network content or services or to the TurfBurner Network as a whole. In no event will you be charged for access to any TurfBurner Network content or service, or to the TurfBurner Network as a whole, unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.

 

8. Password and Security.

You are responsible for maintaining the confidentiality of your TurfBurner Network password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify TurfBurner of any unauthorized use of your password or any other breach of security related to the TurfBurner Network. TurfBurner reserves the right to require you to alter your password if TurfBurner believes that your password is no longer secure.

YOU AGREE THAT TURFBURNER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.

 

9. Links.

TurfBurner’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify TurfBurner’s endorsement of such other Web site or resource or its contents.

YOU AGREE THAT TURFBURNER SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.

 

10. No Commercial Use.

You may not resell, distribute, make any commercial use of (other than to keep and share information for your own business purposes), use on a timeshare or service bureau basis, or use to operate a Web site or otherwise generate income from the TurfBurner Network.

 

11. Disclaimer of Warranties.

YOU EXPRESSLY AGREE THAT USE OF THE TURFBURNER NETWORK IS AT YOUR SOLE RISK. THE TURFBURNER NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TURFBURNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE TURFBURNER NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). TURFBURNER MAKES NO WARRANTY THAT THE TURFBURNER NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE TURFBURNER NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE TURFBURNER NETWORK IS NOT GUARANTEED AND THAT TURFBURNER SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE TURFBURNER NETWORK OR ITS UNAVAILABILITY. TURFBURNER MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TURFBURNER NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE TURFBURNER NETWORK, OR THAT DEFECTS IN THE TURFBURNER NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TURFBURNER NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TURFBURNER OR THROUGH THE TURFBURNER NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

12. Limitation of Liability.

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TURFBURNER OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE TURFBURNER NETWORK.

 

13. 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 and disclaimers may not apply to you. To the extent that TurfBurner may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of TurfBurner’s liability shall be the minimum permitted under such applicable law.

 

14. Indemnification.

You agree to indemnify, defend, and hold harmless TurfBurner, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. TurfBurner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with TurfBurner’s defense of such claim.

 

15. Trademarks.

“TurfBurner” and the TurfBurner design, as well as certain other of the names, logos, and materials displayed in the TurfBurner Network constitute trademarks, trade names, service marks or logos (“Marks”) of TurfBurner or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with TurfBurner or those other entities.

 

16. Copyrights; Restrictions on Use.

The content on the Sites (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by TurfBurner or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of TurfBurner and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content..

 

17. Miscellaneous.

These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that TurfBurner makes available through the TurfBurner Network and any additional terms to which you agree when using particular elements of the TurfBurner Network (e.g., terms specific to a site within the network of Sites or relating to the payment of fees for certain TurfBurner Network content or services), constitute the entire and exclusive and final statement of the agreement between you and TurfBurner with respect to the subject matter hereof, and govern your use of the TurfBurner Network, superseding any prior agreements or negotiations between you and TurfBurner with respect to the subject matter hereof. In the event of any conflict between these Terms and terms of a specific site within the network of Sites, these Terms shall govern. These Terms and the relationship between you and TurfBurner shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the TurfBurner Network shall be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of TurfBurner 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, you nevertheless agree that the court should endeavor to give effect to the intentions of TurfBurner and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. 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 TurfBurner Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2 and 11 through 17 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the TurfBurner Network.

 
 
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