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AGREEMENT BETWEEN USER AND
REALSPORTS
The RealSports
Applications are comprised of various Web pages operated by RealSports
International Limited, PO Box 301196, Albany, Auckland, New
Zealand
The RealSports Applications are offered to you conditioned
on your acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the RealSports Applications
constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF
USE
RealSports reserves the right to change the terms,
conditions, and notices under which the RealSports Applications are
offered, including but not limited to the charges associated with the use
of the RealSports Applications.
LINKS TO THIRD
PARTY SITES
The RealSports Applications may contain links to
other Web Sites ("Linked Sites"). The Linked Sites are not under the
control of RealSports and RealSports 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. RealSports is not
responsible for webcasting or any other form of transmission received from
any Linked Site. RealSports is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by
RealSports of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition
of your use of the RealSports Application, you warrant to RealSports that
you will not use the RealSports Applications in any manner or for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You agree to indemnify RealSports against any direct or indirect
loss which it may suffer as a result of your breaching this warranty. You
may not use the RealSports Applications in any manner which could damage,
disable, overburden, or impair the RealSports Applications or interfere
with any other party's use and enjoyment of the RealSports Applications.
You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through
the RealSports Applications.
USE OF
COMMUNICATION SERVICES
The RealSports Applications 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:
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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.
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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.
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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.
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Restrict or inhibit any
other user from using and enjoying the Communication Services.
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Violate any code of
conduct or other guidelines which may be applicable for any particular
Communication Service.
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Harvest or otherwise
collect information about others, including e-mail addresses, without
their consent.
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Violate any applicable
laws or regulations.
RealSports has no obligation
to monitor the Communication Services. However, RealSports reserves the
right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. RealSports reserves the right to
terminate your access to any or all of the Communication Services at any
time in accordance with the terms of your contract with
RealSports.
RealSports reserves the right at all times to disclose
any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or , subject to law and, in
particular, to any applicable privacy legislation, to edit, refuse to post
or to remove any information or materials, in whole or in part, in
RealSports' sole discretion.
Always use caution when giving out any
personally identifying information about yourself or your children in any
Communication Service. RealSports does not control or endorse the
content, messages or information found in any Communication Service and
RealSports specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation
in any Communication Service with respect to such information.
Managers and hosts are not authorized RealSports spokespersons, and
their views do not necessarily reflect those of
RealSports.
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 REALSPORTS OR
POSTED AT ANY REALSPORTS WEB SITE
RealSports does not claim
ownership of the materials you provide to RealSports (including feedback
and suggestions) or post, upload, input or submit to any RealSports Web
Site or its associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you
are granting RealSports, its affiliated companies and necessary sub
licensees 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.
RealSports is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in RealSports' 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 REALSPORTS WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN. REALSPORTS AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE REALSPORTS WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE REALSPORTS 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.
REALSPORTS 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 REALSPORTS 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. REALSPORTS 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 REALSPORTS 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 REALSPORTS
APPLICATIONS OR WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
REALSPORTS APPLICATIOS OR 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 REALSPORTS
APPLICATIONS OR WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
REALSPORTS APPLICATIONS OR WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REALSPORTS 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 REALSPORTS
APPLICATIONS OR WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE REALSPORTS APPLICATIONS OR
WEB SITE.
SERVICE CONTACT : admin@gorealsports.com
GENERAL
To the maximum extent
permitted by law, this agreement is governed by the laws of New Zealand
and you hereby consent to the exclusive jurisdiction and venue of courts
in New Zealand in all disputes arising out of or relating to the use of
the RealSports Applications. Use of the RealSports Applications 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 RealSports as a result of
this agreement or use of the RealSports Applications. RealSports'
performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of
RealSports' right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the RealSports
Applications or information provided to or gathered by RealSports 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.. It is the express wish to the parties that this
agreement and all related documents are drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents
of the RealSports Applications and Web Site are: © Copyright 2005 -
RealSports 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.
Any rights not expressly granted herein are
reserved.
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