AGREEMENT
BETWEEN USER AND Cypress Pop Warner
The Cypress Pop Warner Web Site is comprised of various Web pages operated by
Cypress Pop Warner.
The Cypress Pop Warner Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the Cypress Pop Warner Web Site constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Cypress Pop Warner reserves the right to change the terms, conditions, and
notices under which the Cypress Pop Warner Web Site is offered, including but
not limited to the charges associated with the use of the Cypress Pop Warner Web
Site.
LINKS TO THIRD PARTY SITES
The Cypress Pop Warner Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Cypress Pop Warner and
Cypress Pop Warner is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Cypress Pop Warner is not responsible for
webcasting or any other form of transmission received from any Linked Site.
Cypress Pop Warner is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Cypress Pop Warner of
the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Cypress Pop Warner Web Site, you warrant to
Cypress Pop Warner that you will not use the Cypress Pop Warner Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Cypress Pop Warner Web Site in any manner which could
damage, disable, overburden, or impair the Cypress Pop Warner Web Site or
interfere with any other party's use and enjoyment of the Cypress Pop Warner Web
Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the
Cypress Pop Warner Web Sites.
USE OF COMMUNICATION SERVICES
The Cypress Pop Warner Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such
messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally distributed in such
manner.
Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
Cypress Pop Warner has no obligation to monitor the Communication Services.
However, Cypress Pop Warner reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
Cypress Pop Warner reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason whatsoever.
Cypress Pop Warner reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Cypress Pop Warner's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Cypress Pop Warner does
not control or endorse the content, messages or information found in any
Communication Service and, therefore, Cypress Pop Warner specifically disclaims
any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and
hosts are not authorized Cypress Pop Warner spokespersons, and their views do
not necessarily reflect those of Cypress Pop Warner.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Cypress Pop Warner OR POSTED AT ANY
Cypress Pop Warner WEB SITE
Cypress Pop Warner does not claim ownership of the materials you provide to
Cypress Pop Warner (including feedback and suggestions) or post, upload, input
or submit to any Cypress Pop Warner Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Cypress Pop Warner, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Cypress Pop Warner is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in Cypress
Pop Warner's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Cypress Pop Warner WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
Cypress Pop Warner AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE Cypress Pop Warner WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Cypress Pop
Warner WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Cypress Pop Warner AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
Cypress Pop Warner WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Cypress
Pop Warner AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Cypress Pop
Warner AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Cypress Pop Warner WEB
SITE, WITH THE DELAY OR INABILITY TO USE THE Cypress Pop Warner WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE Cypress Pop Warner WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
Cypress Pop Warner WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Cypress Pop Warner OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE Cypress Pop Warner WEB SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Cypress Pop Warner WEB SITE.
SERVICE CONTACT : webmaster@cypresspopwarner.com
TERMINATION/ACCESS RESTRICTION
Cypress Pop Warner reserves the right, in its sole discretion, to terminate your
access to the Cypress Pop Warner Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, U.S.A. in all disputes arising out
of or relating to the use of the Cypress Pop Warner Web Site. Use of the Cypress
Pop Warner Web Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Cypress Pop Warner as
a result of this agreement or use of the Cypress Pop Warner Web Site. Cypress
Pop Warner's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of Cypress Pop
Warner's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Cypress Pop Warner Web Site or
information provided to or gathered by Cypress Pop Warner with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the user and
Cypress Pop Warner with respect to the Cypress Pop Warner Web Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Cypress Pop Warner with
respect to the Cypress Pop Warner Web Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Cypress Pop Warner Web Site are: Copyright 2007 Cypress Pop
Warner and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.