Printable Version

OSUBeaverSports.com Terms of Service

TOS version September 28, 2007

1 ACCEPTANCE OF TERMS

1.1 This Terms of Service Agreement ("TOS") is between you ("You") and OSUBeaverSports.com (“Website Owner”). The TOS governs the use of the Website ("Service") produced by the Website Owner, including participation in the Service's chat and bulletin board or forum facilities ("Discussion Areas"). This Agreement may be reviewed at any time by clicking on the Agreement link at the side of any page of the Service.

1.2 Please read this Agreement carefully. The Service is designed to provide a forum for the robust and free-flowing exchange of information, opinions and comments, and an enjoyable and informative experience for all. Your use of the Service will constitute your agreement to comply with the rules contained in the Agreement.

1.3 Website Owner may modify the following rules from time to time. Notice of revisions to the TOS will be posted on this page. Continued use of the Service by you will constitute your acceptance of any changes or revisions to the TOS, so it's wise to check this page regularly.

Your failure to abide by the Service's rules, whether listed below or in posted revisions may result in termination of your access to the Service without notice. In addition to the Website Owner's other remedies.

1.4 Comments by Users Are Not Endorsed by the Website Owner

1.5 The Website Owner does not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in Ratings or Discussion Areas or elsewhere in the Service. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not constitute the view of the Website Owner.

1.6 BY CLICKING THE "I ACCEPT" BUTTON, YOU: (a) agree to be bound by these Terms; (b) represent and warrant that, if You are an individual, You are 18 years old or older or, if you are an entity, that You are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these Terms; (c) agree to provide true, accurate, current, and complete information as requested in the Service registration form, and agree to maintain and update this information to keep it true, accurate, current, and complete; (d) represent and warrant that You have the power and authority to enter into and perform under these Terms. If these Terms or any future changes are unacceptable to You, Your sole remedy is to cancel Your Service. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT CLICK THE “I ACCEPT” BUTTON.

2 USE OF THE SERVICE BY YOU

2.1 Your right to use the Service is personal to you: You may not authorize others to use the Service in a manner which conflicts with these Terms, and you are responsible for all of your own use of the Service.

2.2 You agree that the Service shall be used for lawful purposes only and that you will not use any obscene, indecent or offensive language, or place on the Service any material that infringes in any way on the rights of others or is false, defamatory, abusive, harassing or hateful. Further, you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree and acknowledge that your failure to follow the rules set forth in this TOS may subject you to civil and criminal liability.

2.3 Other than connecting to the Website Owner's servers by HTTP requests using a Web browser, you may not attempt to gain access to the Website Owner's servers by any means — including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

2.4 You agree that you will not upload, post, or otherwise make available to the Service any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree that the burden of determining that any material is not protected by copyright, trademark or other proprietary right rests with you. You agree and acknowledge that you shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or proprietary rights, or any other harm resulting from any uploading, posting or submission.

2.5 The Service contains copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire content of the Service is copyrighted as a collective work under the United States copyright laws. The Website Owner owns a copyright of the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third-party content provider owns the copyright in the content original to it. You are prohibited from, and agree not to, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of the Service, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication, or commercial exploitation of downloaded material from the Service will be permitted without the express, written consent of the Website Owner and any other applicable copyright owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletions of author attribution, trademark, legend or copyright notice shall be made. You hereby agree and acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

2.6 You hereby grant to the Website Owner a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content posted to the Service, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or later developed.

2.7 You agree upon registration with the Service to provide the Service with accurate and complete name and e-mail address information, and to promptly update this information from time to time as needed.

2.8 Postings to the Discussion Areas or other parts of this Web Site are not private. All other information and material you supply or communicate to the Service is governed by the Service's Privacy Policy which is accessible at any time from the bottom of any page on the Service.

2.9 You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on, or associated with, the Service.

2.10 You acknowledge that the Website Owner has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. Linking to any other service or site from this Service is at your sole risk.

3 INTELLECTUAL PROPERTY

3.1 Copyright Complaints

3.1a The Website Owner respects the intellectual property of others, and we require our users to do the same. The Website Owner may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others.

3.1b If you believe that your work has been copied and is accessible on the Service in a way that constitutes copyright infringement, or that Service contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify the Website Owner by providing the Website Owner's copyright agent the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512.

3.1c All claims of copyright infringement regarding this Web Site should be sent in writing to OSUBeaverSports.com :

OSUBeaverSports.com
Attn Copyright Complaint Department
131 NW 4th #339
Corvallis, OR 97330

3.2 The Website Owner may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and You expressly authorize the Website Owner to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to You.

3.3 You will not use the Website Owner's name or any language, pictures, or symbols that could, in the Website Owner's sole judgment, imply the Website Owner's identity in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without the Website Owner's prior written consent. You agree that any and all press releases and other public announcements related to this Agreement and subsequent transactions between the Website Owner and You, including the method and timing of such announcements, must be approved in advance by the Website Owner in writing. The Website Owner reserves the right to withhold approval of any public announcement in its sole discretion. Without limitation, any breach of Your obligation regarding public announcements shall be a material breach of these Terms.

3.4 The product and service names, and all of the related logos are each trademarks of the Website Owner. Without the Website Owner's prior written permission, you agree not to display, or use in any manner, the the Website Owner's Marks.

4. MATERIALS PROVIDED BY OTHERS

4.1 You agree that the the Website Owner is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including but not limited to, infringing, defamatory, offensive or illicit material.

5. INDEMNIFICATION

5.1 You agree to indemnify the Website Owner and its affiliates, employees, agents and representatives, and to hold them harmless from any and all claims and liabilities (including attorneys' fees) that may arise from your submissions, from your unauthorized use of material obtained through the Service, from your breach of this Agreement, or from any such acts arising through your use of the Service; including but not limited to Your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Your Service. The Website Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, but doing so shall not excuse Your indemnity obligations.

6. EDITING AND DELETIONS

6.1 The Website Owner reserves the right, but undertakes no duty, to review, edit, move or delete any material posted by users in the Discussion Areas or elsewhere on the Service, in its sole discretion and without notice.

7. ADDITIONAL RULES

7.1 The Website Owner reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Service. Such additional rules will be posted in the relevant parts of the Service, and will be clearly identified. Your use of the Service constitutes your agreement to comply with these additional rules.

8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," AND THE WEBSITE OWNER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS. THE WEBSITE OWNER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE OWNER AND ITS AFFILIATES, COBRANDERS, OR OTHER PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION. THE WEBSITE OWNER’S LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO THE WEBSITE OWNER OVER THE COURSE OF THE EXISTING TERM. YOU ACKNOWLEDGE THAT THE WEBSITE OWNER HAS SET ITS PRICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

9. TERMINATION

9.1 The Website Owner has the right to terminate your ability to access the Service, for any reason, without notice.

10. JURISDICTION

10.1 You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Oregon applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Eugene, Oregon. In addition, you agree to submit to the personal jurisdiction and venue of such courts.

11. SEVERABILITY

11.1 If any provision of this Agreement or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect.

12. RESALE OF SERVICE

12.1 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of the Website Owner

13. MODIFICATIONS TO AND DISCONTINUATION OF SERVICE

13.1 The Website Owner reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Website Owner shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service.

14. CHOICE OF LAW AND FORUM (LOCATION OF LAWSUIT)

14.1 These Terms and the relationship between You and the Website Owner shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions, and specifically excluding from application to these Terms that law known as the United Nations Convention on the International Sale of Goods. You and the Website Owner agree to submit to the personal jurisdiction of the courts located within the county of Lane, Oregon. The failure of the Website Owner to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15. ENTIRE AGREEMENT

15.1 This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.

If you don't agree to the terms contained in this Agreement, please exit the Service now.