Agreement (this “Agreement”). By registering at the DigNittanyVolleyball.com website and/or the DigNittanyVolleyball forum (the “Sites”), you agree to the following terms and conditions.
1. Members. You are a “Member” if you have registered at the DigNittanyVolleyball.com website and/or the DigNittanyVolleyball forum (the “Sites”) using your email address through the “Register” page on the Site or the Forum. By registering as a Member, you represent and warrant that you are at least thirteen (13) years of age.
2. Password. When you register to become a Member, you will be asked to create an account by providing a valid e-mail address and choosing a username and password (an “Account”). You are entirely responsible for maintaining the confidentiality of your username and password. For your protection and to help maintain the integrity of the Membership data, you agree to never give your password out to another person except a Site Moderator or Administrator. You also agree to NEVER use another person’s account for any reason. We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft.
3. User Content. (a) You are solely responsible for content in any messages you post, including all comments, images, opinions or other content (collectively, “User Content”), provided, however, that User Content does not include any content posted by you that is already owned by DigNittanyVolleyball.com. You represent, warrant and agree that: (i) you own the User Content posted by you on or through the Sites or otherwise have the necessary rights, licenses, consents and permissions to grant the license to DigNittanyVolleyball.com set forth above; and (ii) the posting of your User Content on or through the Sites does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person. You agree to indemnify and hold harmless the owner of the Sites, and any and all Moderators and Administrators and their respective officers, agents, partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your use of the Sites in violation of this Agreement; (ii) your breach of this Agreement; or (iii) User Content posted by you. The owner of the Sites also reserves the right to reveal your identity (or any other related information collected on the Sites) in the event of a formal complaint or legal action arising out of or related to your use of the Sites.
(c) Neither DigNittanyVolleyball.com nor the DigNittanyVolleyball Forum claim any ownership rights in any User Content you may post. After posting your User Content, as between and you DigNittanyVolleyball.com and the DigNittanyVolleyball Forum, you continue to retain all ownership rights in such User Content. However, by posting any User Content on the Sites, you grant to DigNittanyVolleyball.com, the DigNittanyVolleyball Forum, and the owner of DigNittanyVolleyball.com and the DigNittanyVolleyball Forum, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to reproduce, publish, translate, use, modify, create derivative works based upon, publicly perform, publicly display, and distribute such User Content on and through all media formats now known or hereafter devised.
4. Unacceptable Conduct. (a) You agree that you will not post any User Content that (i) is libelous, false or defamatory, (ii) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (iii) exploits people in a sexual or violent manner; (iv) contains nudity, violence, or offensive subject matter not suitable for a public forum or contains a link to an adult website; (v) solicits personal information from anyone under 18; (vi) provides any telephone numbers, street addresses, last names, URLs, email addresses, or other forms of contact information; (vii) contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, (viii) involves the transmission of “junk mail,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming,”; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other Members; or (x) attempts to impersonate another Member or person.
(b) Do not post any messages that harass, insult (name calling), belittle, threaten or mock other Members. Debates are fine, but critique the opinion, not the person. Personal attacks are not permitted.
Members who use forums and message/bulletin boards should be aware that when they voluntarily disclose personal information (e.g., name, e-mail address, etc.) and content on a forum, message/bulletin board, in a chat area, or other interactive area where information can be posted, the information can be collected and used by other parties. We make no representations and undertake no obligations as to the security of information you voluntarily post on DigNittanyVolleyball.com and/or on DigNittanyVolleyball Forum.
When you visit or use the Sites, we may collect non-personally identifiable information (“non-PII”) about those visits. For example, in order to permit your connection to the Sites, our servers receive and record information about your computer and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the Sites from a mobile or other device, we may collect a device identifier assigned to that device or other transactional information for that device in order to serve content to it. Other non-PII that may be collected includes click-stream information such as the address (or “URL”) of the website that you came from before visiting our site, which pages you visit on our site, which browser you used to view our site and any search terms you have entered on our site. We may use this information to improve your user experience, to operate the Sites, to provide accurate statistics to gauge usage of the Sites, for marketing and advertising, and for other operational purposes.
You acknowledge that the Sites are for public and not private communications, and you have no expectation of privacy with regard to any User Content posted, submitted or distributed on or through the Sites. The owner of the Sites, the Administrators, and the Moderators cannot guarantee the security of any information you disclose on or through the Sites. Consequently, you make such disclosures at your own risk.
The Sites may contain links to other websites or services not operated by us. We are not responsible for the information practices or the content of such other websites or services. We encourage you to review the privacy statements of such other websites or services to understand their information practices.
The Sites are not directed at children under the age of 13 and are not intended for use by those under 18. If you are under 18, you may not provide any personal information to the Sites.
6. Modifications. Please note that the Sites and the owner reserve the right to modify any of the policies or procedures in this Agreement at any time without prior notice. Use of the either of the Sites constitutes your acceptance of the terms of this Agreement as then in effect. We encourage you to review this Agreement periodically to ensure familiarity with the most current version.
7. Limitation on Liability. IN NO EVENT SHALL THE OWNER OF THE SITES, THE MODERATORS, OR THE ADMINISTRATORS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF THE OWNER OF THE SITES, THE MODERATORS, AND/OR THE ADMINISTRATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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