Welcome to the SportsCenterfold web site (the "Site"). Our services and products presented in the Site are provided subject to the following terms and conditions. If you visit the Site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully. You are only authorized to use the Site and its services if you agree to abide by all applicable laws and to these Terms and Conditions. If you do NOT accept the Terms and Conditions, then please discontinue your use of the Site. The Site is owned and operated by SportsCenterfold, LLC.
We may modify these Terms and Conditions from time to time and such modification shall be effective upon posting on the Site. You agree to be bound to any changes to these Terms and Conditions when you use the Site after any such modification is posted. It is important that you review these Terms and conditions regularly to ensure you are updated as to any changes made. These Terms and Conditions constitute the entire agreement regarding your use of the Site and the services it offers and supercede any such prior terms.
We grant you a limited, revocable license to access and make personal use of the Site as our customer. However, you are not permitted to:
Any use of the Site or the Site Contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify SportsCenterfold of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of SportsCenterfold. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The material on this Site is protected by copyright, trademark, and other applicable laws. You may NOT modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material belonging to the Site, including but not limited to text, photos, audio, video, code and software. During your visit and in the course of your normal use of the site, you may download or utilize material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright, watermark and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by us or affiliated with this Site. Neither we nor our staff will be responsible for any misleading, false or otherwise injurious information and advice communicated on the Site or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user's reliance on information and advice gained on the Site.
The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post" or "Postings"). Postings do not reflect our views; and we do not have any obligation to monitor, edit, or review any Postings on the Site. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviors are strictly prohibited:
We will fully cooperate with any law enforcement authorities or court order requesting or directing the Site to disclose the identity of anyone posting any such information or materials.
When you post content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site. Through the action of posting such content (images, text, video, etc) you are also granting the Site a non-exclusive worldwide license to use, copy, publicly display, publicly perform, reformat, translate such User content (in whole or in part) and distribute such content in connection with operation of the Site. This limited license does not grant SportsCenterfold the right to sell or otherwise distribute your Content outside of the SportsCenterfold Services without the express permission of the rights holder(s).
You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. This Site does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
All content included on the Site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of SportsCenterfold, LLC and is protected by United States and international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. The arrangement and compilation of all content on the Site are the exclusive property of SportsCenterfold, LLC and are protected by U.S. and international copyright laws. All software used on the Site is the property of SportsCenterfold, LLC or its software suppliers and is protected by United States and international copyright laws.
Certain marks used on the Site are trademarks or service marks of SportsCenterfold, LLC. Our trademarks (including but not limited to our "SportsCenterfold" trademark) and trade dress may not be used for any commercial or other purposes by any party other than SportsCenterfold, LLC or our Affiliates without our prior written consent. All other trademarks and service marks not owned by SportsCenterfold, LLC or our Affiliates that appear on the Site are the property of their respective owners, and may or may not be used without their prior written consent. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of SportsCenterfold.
You agree not to use the Site to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the Site, we reserve the right to edit or remove any content that violates our Content Policy or that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to the Site and that use of such content does not violate our Content Policy. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to the Site. By submitting content to the Site, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that we deem appropriate, in our sole and exclusive discretion.
We offer our users and customers certain services that involve the use of images of our products. These include, but are not limited to, our "E-Card" and "Share" services. The product images provided through these services are protected by United States and international copyright laws and may not be used for any other purpose. Users of these services may not: (a) alter, modify or manipulate any product image; (b) use a product image in any form other than the form provided by us; (c) reproduce a product image other than as intended through the use of this service; (d) remove any code or identifying information from a product image; or (e) inactivate the link associated with any product image or cause the image to ultimately link to a destination other than our Website.
Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to SportsCenterfold@gmail.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
IN NO EVENT SHALL THE SITE OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.
If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of New York with respect to such matters. We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The section titles and other headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
Subject To Change Without Notice
Updated December 2009