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Terms of Service Agreement
Welcome to Club
Sports Radio - an online social networking service, operated by The People
Bridge, Inc and AIO Group LLC (“Companies”). By using Club Sports Radio
(“Service”), you accept and agree to be bound by the following terms and
conditions (the "Agreement").
The Companies may change, suspend or discontinue any aspect of said web
site at any time for any reason, and without notice, without liability to you,
any other Member or any third party . may The Companies may modify this Agreement at any time
without notice, and such modifications shall be effective immediately upon
either posting of the modified Agreement or notifying you. You agree to review
the Agreement periodically to be aware of such modifications and your continued
access or use of the web site shall be deemed your acceptance of the modified
Agreement.
Eligibility and Registration
You must be 18 years or older to use the Service. By registering for the
Service, you represent and warrant that you are 18 or older and that you have
the capacity to understand, agree to and comply with these Terms of Service
Agreement.
In addition, you must provide true, accurate and complete registration
information to be a Service member ("Member"). As part of the registration process, you will be
asked to provide your email address (that will also serve as your login ID) and
select a password and you will be responsible for all activities occurring
under your login ID and for keeping your password secure. We may refuse to post
any profile information provided by you that impersonates someone else, is or
may be protected by trademark or proprietary rights law, or is vulgar,
offensive or otherwise inappropriate, as determined by us in our sole
discretion.
Appropriate Conduct and Content; Personal Use Only
The Service is
made available for your personal, non-commercial use only. Businesses,
organizations and other legal entities may not use the Service for any purpose.
You may not use
the Service for any illegal or unauthorized purpose. International users agree
to comply with all local rules regarding online conduct and acceptable content,
including laws regulating the export of data from the United States
or your country of residence. You are solely responsible for your conduct and
any data, text, information, graphics, photos, profiles, audio and video clips,
links and other content ("Materials") that you submit, post, and
display on the Service.
We may, but
shall have no obligation to, remove Materials that we determine in our sole
discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene
or otherwise objectionable, or infringes or violates any party's intellectual
property or other proprietary rights or this Agreement.
Other examples
of illegal or unauthorized uses include, but are not limited to:
- Modifying, adapting, translating, or reverse
engineering any portion of the Service;
- Removing any copyright, trademark or other
proprietary rights notices contained in or on the Service;
- Using any robot, spider, site search/retrieval
application, or other device to retrieve or index any portion or the
Service;
- Collecting any information about other Members
(including usernames and/or email addresses) for unauthorized purposes;
- Reformatting or framing any portion of the web
pages that are part of the Service;
- Creating or transmitting unwanted electronic
communications such as "spam," or chain letters to other
Members.
- Submitting Materials of any third party
without such third party's prior written consent;
- Directing any user (for example, by linking)
to any Materials of any third party without such third party's prior
written consent;
- Submitting Materials that falsely express or
imply that such Materials are sponsored or endorsed by the Service ;
- Submitting Materials that infringe,
misappropriate or violate the intellectual property, publicity, privacy or
other proprietary rights of any party;
- Transmitting any viruses, worms, defects,
Trojan horses or other items of a destructive nature;
- Submitting Materials that are unlawful or
promote or encourage illegal activity; or
- Submitting false or misleading information.
You also agree
to not:
- Upload, post, distribute, e-mail or otherwise
publish or make available on Service’ss web
sites any libelous, defamatory, obscene, harmful, vulgar, threatening, tortious, harassing, abusive, invasive of another's
privacy, hateful, racially or ethnically objectionable, or otherwise
illegal material;
- upload, post, distribute, e-mail or otherwise
publish or make available on Service’s web sites any Content that you do
not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- upload, post, distribute, e-mail or otherwise
publish or make available on Service’s web sites any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
- upload, post, distribute, e-mail or otherwise
publish or make available on Service’s web sites any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation; or
- upload, post, distribute, e-mail or otherwise
publish or make available on service’s LLC web sites any material that
contains 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.
- Any submissions you make may be edited,
removed, modified, published or displayed by Companies without prior
notice at its sole discretion.
- Download any multimedia content paid or otherwise
without a registered and active account to the site.
While the
Service prohibits the above conduct and content on its site, you understand and
agree that you nonetheless may be exposed to such Materials and that you use
the Service at your own risk.
By submitting,
posting or displaying any Materials on or through the Service, you
automatically grant to us a worldwide, non-exclusive, sublicenseable,
transferable, royalty-free, perpetual, irrevocable right to copy, distribute,
create derivative works of, publicly perform and display such Materials.
The images and
materials found in the web sites are copyrighted or otherwise proprietary.
Permission to reprint or electronically reproduce any document, photograph or
graphic in whole or in part for redistribution is expressly prohibited, unless
prior written consent is obtained from the Companies. Should any visitor to the
Companies’ web sites provide information, questions, comments, suggestions,
ideas or any material through the feedback or forum mechanisms located in the
web sites, the Companies shall have no obligation of any kind with respect to
such information and shall be free to reproduce, delete, use, disclose and
distribute the information to others without limitation.
None of the
information contained in this web site shall be construed as an indication of
Companies’ views, opinions or recommendations, or endorsement thereof. Except
as specifically stated otherwise, the Companies do not endorse, operate,
control, guarantee or assume responsibility for any product, brand, method,
treatment, information, resource, hyperlink, services on or access to their web
sites, in any way.
In
consideration for your use as a visitor to or advertiser on the web site, you
agree that in no event will the Companies or any other party involved in
creating, producing or delivering this web site or any site linked to this web
site, be liable to you in any manner whatsoever for any decision made or action
or non-action taken by you in reliance upon or access to the information,
advertising, e-commerce or other services provided through the web site, even
if you advise the Companies of errors or the possibility of any claims or
damages.
In regards to
health care, real estate, investment, automotive and any other area, the Companies’
web site area information, resources and links found on this site and the
material and content contained therein is for general information only and is
not intended to be a substitute for professional advice, service, diagnosis,
interaction or treatment. Users of these areas should not rely exclusively on
information provided in these areas for their own health care, real estate,
investment, automotive and other needs. All specific questions should be
presented to your own professional health care, real estate, investment,
automotive and other professional.
You represent,
warrant, covenant (a) that no materials of any kind submitted to Companies’ web
sites will (i) violate, plagiarize or infringe on the
rights of any third party; or (ii) contain libelous or otherwise unlawful
material; and (b) that you are at least eighteen (18) years old. You shall
indemnify, defend and hold harmless the Companies and its officers, directors,
owners, agents and employees from all liability and costs incurred by those
indemnified in connection with any claim arising out of any breach by you of
this agreement.
Privacy
Policy
Our collection
and use of personal information is governed by our Privacy Policy. You
understand and agree that the Companies may access, preserve, and disclose your
personal information and the contents of your account if required to do so by
law or in a good faith belief that such access preservation or disclosure is
reasonably necessary to comply with legal process or protect the rights and property
of the Companies , its affiliates or the public.
Nothing in these Terms of Service should be construed to confer any rights to
third party beneficiaries.
Disclaimer
of Warranties
THE COMPANIES and its affiliates, licensors, partners,
suppliers, consultants and agents MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS,
TIMELINESS OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE, ACCESS
TO OR OTHER INFORMATION CONTAINED OR REFERENCED IN THE COMPANIES’ WEB SITES,
AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION
OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SERVICES), PRODUCTS AND SERVICES.
USE OF THE SITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS”AND “AS
AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. THE COMPANIES EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANIES DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR
YOUR USE OF THE WEB SITES OR THE INFORMATION CONTAINED THEREIN. THE COMPANIES Disclaim any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability or availability of
information or materials displayed on the Service. THE COMPANIES disclaims any
and all responsibility and liability for the conduct of any Member. YOU
AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to
hold harmless and indemnify the Companies from and against any third party
claim arising from or in any way related to your use of the Service, including
any liability or expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys' fees, of
every kind and nature. In such a case, the Company or Companies will provide
you with written notice of such claim, suit or action.
Limitation
of Liability
UNDER NO
CIRCUMSTANCES WILL THE COMPANIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION
WITH USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHETHER OR NOT THE
COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION
OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF
AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES);(III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (IV) RELIANCE ON ANY INFORMATION CONTAINED ON THE COMPANIES’ WEB
SITES; (V) DOWNLOADING AND/OR USING ANY SOFTWARE OR MATERIAL FROM OR THROUGH THE
COMPANIES’ WEB PAGES OR (VI) ANY OTHER MATTER RELATING TO THE COMPANIES’ WEB
PAGES, AND (VI) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Term
and Termination
These Terms of
Service will apply to your use of the Service. You may terminate your membership
immediately at any time, for any reason, by selecting the cancel account option
in your profile. We may terminate your membership immediately at any time, for
any reason. Once your membership terminates, you will have no right to use the
Service. Our proprietary rights, disclaimer of warranties, indemnities,
limitations of liability and miscellaneous provisions shall survive any
termination of your membership.
Notices
The Companies
may provide you with notices regarding the Service or these Terms of Service by
regular mail, email, or postings to this Web site.
Miscellaneous
Provisions
These Terms of
Service will be governed by and construed in accordance with the laws of the
State of Hawaii,
without giving effect to its conflict of laws provisions or your actual state
or country of residence. The parties agree to submit to the personal and
exclusive jurisdiction of the courts located in the County of Honolulu, Hawaii.
If for any reason a court of competent jurisdiction finds any provision or
portion of the Terms of Service to be unenforceable, the remainder of the Terms
of Service will continue in full force and effect. You shall not assign these
Terms of Service or assign any rights or delegate any obligations hereunder, in
whole or in part, whether voluntarily or by operation of law, without our prior
written consent. Any such purported assignment or delegation will be null and
void and of no force or effect. Without limiting the foregoing, under no
circumstances shall the Companies be held liable for any delay or failure in
performance resulting directly or indirectly from acts of nature, forces, or
causes beyond its reasonable control, including, without limitation, Internet
failures, computer equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and the
Companies. with respect to the subject matter hereof and supersedes and
replaces all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter. Any waiver of any provision of the Terms
of Service by a party will be effective only if in writing and signed by a
party.

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