Terms of Use

Effective Date: December 8, 2023

Welcome to DigNittanyVolleyball.com and the DigNittanyVolleyball Forum, (collectively “the Sites,” “us,” or “we”). These Terms of Use (“Terms”), including the “Dispute Resolution provisions in Section 1 below, govern your use of the Sites.

Please review these Terms carefully before using the Sites because they affect your rights. By using any of the Sites, you accept these Terms and agree to be legally bound by them.

Please consult our Privacy Policy for information regarding our privacy practices.

These Terms are effective as of the Effective Date above or, if required by law, 30 days after notice to you. If you have not reviewed the Terms of Use applicable to a Service since the Effective Date, please review these updated Terms carefully before using any Service. If you do not agree with these Terms, your sole remedy is to not use our Sites.

We may change these Terms in the future, so we encourage you to review periodically the Terms of Use applicable to each Service you use. The most current version of the applicable Terms of Use (along with its effective date) will be posted on each of the Sites. Changes to these Terms will be effective immediately or, if required by law, 30 days after notice to you, which may be given by posting the updated Terms on our Sites or by email. If you continue to use the Sites after we change these Terms, you accept all changes.

1. Dispute Resolution

IF YOU OR WE HAVE ANY DISPUTE WITH OR CLAIM AGAINST THE OTHER (A “CLAIM”) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES OR THESE TERMS, YOU AND WE AGREE TO RESOLVE ANY AND ALL SUCH CLAIMS BY FOLLOWING THE INFORMAL DISPUTE RESOLUTION PROCEDURE SET FORTH BELOW,

1.1 Mandatory Notice and Informal Dispute Resolution Procedure

The party must first send to the other a written notice of dispute (“Notice”). A Notice from you to us must (1) be sent by via e-mail to wedignittany@gmail.com; (2) Have as the Subject Line “Notice of Claim,” (3) contain your name, address, and email address; (4) describe the nature and basis of your Claim; (5) if you are submitting the Notice, include any relevant facts regarding your use of the Sites, including without limitation whether you have created an account and if so, the username and e-mail address associated with the account; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute.

After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution.

2. Registration and Access Controls

If we request registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Sites unless you are above the required age.

You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone other than members of your household. You accept responsibility for all activities, charges, and damages that occur under your account, including use of your account by other members of your household, and unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.

3. Intellectual Property; License

The audio and video materials, photographs, text, graphics, logos, layouts, designs, interfaces, software, data and other content associated with the Sites (“Content”) are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and the Sites, the Sites will retain all right, title, and interest in and to the Sites and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights in and to the Sites and Content.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as expressly authorized by us in writing, you may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive or otherwise copy any part of the Sites or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Sites or Content; license or sublicense any part of the Sites or Content; or in any way exploit any part of the Sites or Content. In addition, except as expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including, without limitation, mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

3.1 Commercial Licenses

You must obtain our written permission for commercial use of the Content or the Sites. If you wish to license Content from the Sites, please contact us.

3.2 Dated Materials

Content offered through the Sites or in links from the Sites is dated as of the date originally issued or indicated on the Content and may no longer be accurate. We assume no obligation to update such Content.

4. Legal Complaints

If you believe that Content on the Sites infringes your copyright, please notify us at wedignittany@gmail.com.  If you have a legal complaint other than a copyright claim, please notify us at wedignittany@gmail.com.

5. User Submissions

The Sites may allow you to submit or transmit audio, video, text, or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Sites. When you provide User Submissions, you grant to the Sites a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete a User Submission from the Sites:

  • The User Submission may still exist in our backup copies, which are not publicly available.
  • If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.
  • We retain the license specified above. Thus, for example, if we or one of our sublicensees obtained your user Submission for use in creating a derivative work before you deleted it, we or our sublicensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times.
  • We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions.
  • We do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
  • You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant to the Sites the license above and that your User Submissions do not violate Section 10.

6. Third Party Content

We may provide third party content (including advertisements) or link to third party websites on the Sites. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. In certain instances, you may be able to connect and/or link your account to certain third party social media sites (“Social Media Sites”), including, without limitation, Facebook and Twitter. If you connect with us through a social media platform or navigate to a social media platform from one of our services, the social media platform will collect your information separately from us. You should review third party site and platform terms of service and privacy policies to understand how they are using your information and your rights in relation to such information.

7. Acceptable Use

Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:

  • Access the Sites using any interface other than ours.
  • Maintain any link to the Sites that we ask you to remove, in our sole discretion.
  • Frame the Sites or Content, make the Sites or Content available via in-line links, otherwise display the Sites or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the the Sites or its affiliates and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities).
  • Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability.
  • Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable.
  • Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices.
  • Transmit files that contain viruses, spyware, adware, or other harmful code.
  • Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email).
  • Interfere with others using the Sites or otherwise disrupt the Sites.
  • Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Sites.
  • Transmit, collect, or access personal information about other users without the consent of those users and the Sites.
  • Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Sites.
  • Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit.
  • Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Sites or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content.
  • Access any portion of the Sites that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
  • If you violate this Section 8, we may terminate your access to the Sites without notice, and take any other actions or seek any remedies permitted by law.

8. Access to Sites and Accounts

We may take any of the following actions in our sole discretion at any time, and without giving you prior notice:

  • Change or discontinue the Sites.
  • Change how we offer and operate Sites (e.g., to begin charging a fee to access features or Content that we previously made available without charge).
  • Remove Content from the Sites.
  • Restrict, suspend or terminate your access to one or more Sites or features thereof.
  • Deactivate your accounts and delete all related information and files in your accounts.

We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If we terminate your access to any of the Sites, you must immediately stop using such Site.

9. Unsolicited Submissions.

We do not accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, suggestions, ideas or concepts. It is our policy to delete any such submission without reading it. Any similarity between an unsolicited submission and any elements in any creative work published by us would be purely coincidental.

10. Indemnification

You will defend, indemnify and hold harmless the Sites, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “the Sites Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Sites (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). the Sites retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 13 without the Sites’s prior written approval.

11. Disclaimers; Limitation of Liability

THE SITES PARTIES DO NOT REPRESENT OR WARRANT: (1) THAT THE SITES, ANY OF THE SITES’ FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SITES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SITES OR INFORMATION AVAILABLE THROUGH THE SITES WILL CONTINUE TO BE AVAILABLE. THE SITES PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE SITES PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SITES, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOUR ACCESS TO AND USE OF THE SITES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES.

THE SITES PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE SITES PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SITES OR ANY OTHER SERVICE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SITES PARTIES.

12. Governing Law, Venue, and Jurisdiction

These Terms and all claims arising from or related to your use of the Sites will be governed by and construed in accordance with the laws of the State of Pennsylvania. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims you agree to exclusive jurisdiction in the state and federal courts in Philadelphia, Pennsylvania.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Sites or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

13. Miscellaneous

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Site or delivering them to you via email. You may update your email address by visiting the Sites where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Sites, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Sites, or as otherwise described in the Privacy Policy, subject to your right to make certain choices about our use of your personal information as described in the Privacy Policy.

Sections 1, 5 and 7-13 of these Terms will survive any termination of your access to the Sites, whether we terminate your access or you voluntarily discontinue your use.