Website Agreement
SportsXpress.com, SportsXpress.ca and our associated network of local community SportsXpress websites is provided by Sports Xpress Media Inc. (Hereafter, these websites are referred to as “SportsXpress” and/or “SportsXpress Network” and/or “site”).
Content, opinions and points of view expressed on the site are those of the writers and do not necessarily represent those of the advertisers or Sports Xpress Media Inc.
Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, do not use the site.
SportsXpress may modify this agreement at any time, and all modifications will be effective immediately upon posting of the agreement on the site. You agree to review this agreement periodically to be aware of modifications and your continued access or use of the site will be deemed your acceptance.
1. Copyright and Submissions.
The entire content of the site is copyrighted. All rights reserved. You may not reproduce or transmit any material on the site in any form or by any means, including text, graphics, code and/or software without prior approval from SportsXpress. You may print and download portions of material from the different areas of the site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the material.
Submissions are welcome from writers, photographers, athletes, coaches and individuals. We assume no responsibility for unsolicited material. Contributors are responsible for obtaining all approvals of photos and content prior to submission. All submissions may not be used. We may edit submissions, publish, reproduce, distribute and archive submissions in any form and/or in any medium without any compensation. We are not responsible for lost or damaged submissions. Submissions also include ideas for new or improved products and services, submissions to any public areas of the site (such as social networks, forums and newsgroups) and email. You also grant us the right to use your name and other information in connection with the submitted materials in all advertising, marketing and promotional material. You agree that you shall have no recourse against SportsXpress for any alleged or actual infringement or misappropriation of any proprietary rights.
Trademarks:
Products, content or services referenced on the site are the service marks of SportsXpress. Other products and company names mentioned in the site may be the trademarks of their respective owners.
2. Use of the Site.
Except for information, products or services clearly identified as being supplied by SportsXpress, we do not operate, control or endorse any information, products or services offered through the site or on the Internet, which are generally offered by third parties that are not affiliated with us.
SportsXpress cannot and does not guarantee or warrant that files available for downloading through the site will be free of viruses, worms or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements.
You assume total responsibility and risk for your use of the site and the internet. SportsXpress provides the site and related information “as is” and does not make any express or implied warranties or endorsements.
SportsXpress attempts to provide accurate and useful information and commentary. However we can not, and do not, guarantee the accuracy of this information. We assume no responsibility for any actions or decisions taken by any users based on the information provided. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the site or on the internet generally.
We do not warrant that the site will be uninterrupted or error-free or that defects in the service will be corrected.
The nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. SportsXpress has no control over and accepts no responsibility whatsoever for such materials.
Limitation of Liability:
In no event will SportsXpress be liable for any direct, incidental, consequential, or indirect damages arising out of the use or inability to use the site, or any information, or transactions provided on the site, or downloaded from the site, or any delays of service.
SportsXpress makes no representations whatsoever about any other website which you may access through this one or which may link to this site. When you access other websites, they are independent from us and we have no control over the content on those sites. In addition, a link to SportsXpress does not mean that we endorse or accept any responsibility for the content, or the use, of these websites.
3. Indemnification.
You agree to indemnify, defend and hold harmless Sports Xpress Media Inc., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to SportsXpress from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing the site.
4. Third Party Rights.
The above provisions are for the benefit of Sports Express Media Inc., and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers. Each of these individuals or entities shall have the right to enforce those provisions directly against you on their own behalf.
5. Termination.
This agreement may be terminated by either party without notice at any time for any reason. However, all provisions in this agreement shall survive any termination.
6. Miscellaneous.
Not enforcing strict performance of any provisions in this agreement shall not be construed as a waiver of any provision or right. The course of conduct between parties will not modify any provisions in this agreement. SportsXpress may assign its rights and duties under this agreement to any party at any time without notice to you.
Use of Social Technologies on SportsXpress Network:
Registering on the site:
You can browse SportsXpress and enjoy the content without registering. In order to post any other content or access certain features of the Site, you must register with SportsXpress and select a password and screen name (“User ID”). You may not select or use a name that is offensive, vulgar or obscene. SportsXpress reserves the right to refuse registration of, or cancel a User ID at its sole discretion. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your password.
You are solely responsible for the activity that occurs on your account. You must notify SportsXpress immediately of any breach of security or unauthorized use of your account. Although SportsXpress will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of SportsXpress or others due to such unauthorized use.
By providing your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt out or change the frequency of any service-related communications by sending an email message to [email protected].
We may also use your email address to send you other messages, including changes to features of the site and special offers. If you do not want to receive such email messages, you may opt out by sending an email message to [email protected]
Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Eligibility:
You may only use the site if you are at least 13 years old, whether acting on your own behalf or as an authorized representative of a corporation or other business entity. If you are at least 13, but less than 18 years old, you certify that you have a parent’s and/or guardian’s consent to use the site. Any registration, use or access to the site by anyone under 13 is a violation of these terms and is strictly prohibited. If you do not qualify, do not attempt to register for or use the site.
The site is provided for your personal, noncommercial use only. You may not use the site for commercial purposes.
Code of Conduct:
As a condition of use, you promise not to use the site for any purpose that is unlawful or prohibited by these terms, or any other purpose not reasonably intended by SportsXpress.
SportsXpress may remove any content or deactivate any account at any time for any reason, or for no reason at all.
To report abuse of conduct, please email: [email protected]
User Content:
By uploading, submitting or otherwise disclosing or distributing content of any kind at or on the site (your “User Content”), you represent and warrant that you own all rights in your User Content and that any User Content you post does not, and will not, violate third-party rights of any kind including,without limitation, any Intellectual Property Rights (as defined below) or rights of publicity or privacy. SportsXpress reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
For the purposes of these terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications thereof and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.
SportsXpress takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the site. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the site is solely your responsibility. SportsXpress is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that SportsXpress shall not be liable for any damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other SportsXpress Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
LICENSE GRANT
By posting any User Content, you expressly grant, and you represent and warrant that you have a right to grant, to SportsXpress a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, transmit, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
Subject to the terms and conditions of these terms, you are hereby granted a non-exclusive, limited, personal license to use the site. SportsXpress reserves all rights not expressly granted herein in the site and the content. SportsXpress may terminate this license at any time for any reason or no reason.
OUR PROPRIETARY RIGHTS
The site and content, and all intellectual property rights related thereto, are the exclusive property of Sports Xpress Media Inc. Except as explicitly provided herein, nothing in these terms shall be deemed to create a license for or any intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the site, except that the foregoing does not apply to your own User Content that you legally post on the site.
Use of the content or materials on the site for any purpose not expressly permitted by these terms is strictly prohibited.
Copyright:
SportsXpress requires that users of the site respect the copyright and other intellectual property rights of all third parties. SportsXpress will terminate, where warranted and as determined in our sole discretion, users whom we believe are intentional and/or repeat infringers.
If you believe that your copyright in any material has been infringed on the site, please send an email to [email protected]
Privacy:
We care about the privacy of our users. Check out our Privacy Policy for details. By using the site, you are consenting to have your personal data transferred to and processed in Canada and/or the United States.
Copyright Sports Xpress Media Inc.