Sports Fan Shop Terms Of Site Use Policy

Sports Fan Shop Terms Of Site Use Policy – 02/04/2016

General

This Agreement governs your use of this website and its associated services (the "Web Service"), including interactive chat and forum discussion areas, announcements and applications (the "Interactive Areas"), which are owned and operated by Sports Fan Shop and its subsidiaries, affiliates, divisions and related companies ("Sports Fan Shop"). “Users” refers to any individual or entity using any aspect of the Web Service.

Sports Fan Shop reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Web Service. Your use of the Web Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Sports Fan Shop as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the Web Service and the Interactive Areas.

Use of Content

You acknowledge that the Web Service contains information, text, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of Sports Fan Shop or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content"). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Web Service. Users of the Web Service may use the Content only for their personal, noncommercial use. Users of the Web Service wanting to use the Content for commercial use must obtain prior express written permission of Sports Fan Shop.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. You may not download Content on this web site. Such Content is the protected and copyrightable property of Sports Fan Shop. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Sports Fan Shop or the owners of such Content or their authorized persons if other than Sports Fan Shop.

Rules of Conduct

You shall not post on the Web Service any Content which (a) is libelous, discriminatory, hateful, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as Content which infringes on or misappropriates any other intellectual property rights or any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation; (e) trade secrets without permission to post them; (f) words embedded in a document or hidden from the User or; (g) anything that is embarrassing or offensive to another person or entity. You may not post on the Web Service any links to any external Internet sites that are obscene or pornographic.

You shall not use the Web Service for any commercial purpose not expressly approved by Sports Fan Shop, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit Users to join competitive online services. You may not respond to Content in any manner or for any purpose other than expected (for example: to sell to Users or initiate discussions with Users about subject matter not related to the Content you are responding to)

All Web Service Elements, excluding data entered in connection with Content ("Data"), are copyright Sports Fan Shop. All rights reserved. Other product and company names mentioned herein or within the Web Service, may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of Sports Fan Shop or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content posted at the Web Service or otherwise owned by Sports Fan Shop or respective owners.

User agrees to abide by the Sports Fan Shop Privacy Policy as published on Sports Fan Shop.com and should review the Sports Fan Shop Privacy Policy from time to time. Sports Fan Shop reserves the right in its sole discretion to suspend User’s access to the Web Service if it suspects any violations of the Terms and Conditions or Sports Fan Shop Privacy Policy.

If you are permitted private access to posting Content, you are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Web Service, you risk losing access to the Web Service. You agree to notify Sports Fan Shop immediately of any unauthorized use of your registration and password.

You may not delete or revise any material posted by any other person or entity. It shall be expressly prohibited for any third party to "scrape" or otherwise copy or utilize any Data or other information regarding any Announcement (including, without limitation, for marketing purposes).

Sports Fan Shop may, in its sole discretion, remove or cancel any orders or Content for any reason whatsoever and reserves the right in its sole discretion to determine whether to exclude certain Content from the search results provided. For questions please email privacy@sportsfanshop.com.

The Web Service is provided on an as-is basis, without any warranties of any kind, either express or implied. Sports Fan Shop expressly disclaims any representation or warranty that the Web Service will be error-free, secure or uninterrupted, or as to the results that you may achieve by posting Content. The Web Service may be unavailable from time to time for routine maintenance or other reasons. You hereby release Sports Fan Shop from any and all liabilities arising out of your use of the Web Service.

Managing Content

Sports Fan Shop does not and cannot review the Content posted by users on the Web Service and is not responsible for such Content. Sports Fan Shop is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. However, Sports Fan Shop reserves the right to delete, move or edit any Content (includingContent posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. Sports Fan Shop shall have the right but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.

No Endorsement

Sports Fan Shop does not represent or endorse the accuracy or reliability of any products or Content posted and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of Sports Fan Shop.

Third Party Content

The Web Service may display logos and certain information and Content from third parties ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. Sports Fan Shop DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO Content PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Links to External Sites

The Web Service may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites"). You acknowledge that Sports Fan Shop is providing these links to you only as a convenience, and further acknowledge that Sports Fan Shop is not responsible for the availability of, or the Content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the Content located on such External Sites.

Indemnity

You agree to indemnify, defend and hold Sports Fan Shop and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Sports Fan Shop Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Sports Fan Shop Party in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. Sports Fan Shop reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Sports Fan Shop’s defense of such claim.

Termination of Service

Sports Fan Shop reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web Service, including the Interactive Areas, at any time for any reason without prior notice or liability. Sports Fan Shop may change, suspend or discontinue all or any aspect of the Web Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.

All Web Service elements are copyright Sports Fan Shop. All rights reserved. Other product and company names mentioned herein or within the Web Servoce, may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of Sports Fan Shop or the applicable copyright holder, modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content posted at the Web site or otherwise owned by Sports Fan Shop or any of its licensors. This Agreement shall not be deemed to transfer from Sports Fan Shop to you (a) any of Sports Fan Shop or its licensors' intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by Sports Fan Shop, or (b) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement. Sports Fan Shop shall be permitted to use any Data (including e-mail addresses) to promote its business and/or otherwise carry out its business.

Disclaimers and Limitations

SPORTS FAN SHOP’S' PROVISION OF THE WEB SERVICE AND ELEMENTS (THE 'SERVICE') IS PROVIDED ON AN "AS IS, WHERE IS AND AS AVAILABLE" BASIS. SPORTS FAN SHOP EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN THE SERVICE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE OR ANY OF SPORTS FAN SHOP'S OTHER SERVICES. SPORTS FAN SHOP MAKES NO WARRANTY THE SERVICE WILL MEET USER'S REQUIREMENTS; THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND ANY ERRORS IN THE SERVICE WILL BE CORRECTED. USE OF THE SERVICE IS AT YOUR OWN RISK. SPORTS FAN SHOP IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE AND/OR SPORTS FAN SHOP'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPORTS FAN SHOP HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL SPORTS FAN SHOP'S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FEES PAID TO SPORTS FAN SHOP BY USER AS DETERMINED PURSUANT TO THESE TERMS AND CONDITIONS.

Web Service Availability

While it is Sports Fan Shop's objective to make the website accessible 24 hours per day, 7 days per week, 365 days per year, the website may be unavailable from time to time for any reason including, without limitation, routine maintenance. User understands and acknowledges that due to circumstances both within and outside of the control of Sports Fan Shop, access to the website may be interrupted, suspended or terminated from time to time. Sports Fan Shop SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION OR SUSPENSION OF THE WEB SERVICE.

Dispute Resolution

These Terms and Conditions and any dispute arising from participation in the Web Service shall be governed according to the laws of the State of Nebraska. 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. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Sports Fan Shop, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Douglas County, Nebraska. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party.

MISCELLANEOUS

This Agreement, including the Sports Fan Shop Privacy Policy, constitutes the entire agreement and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Sports Fan Shop with respect to the Web Service and information, software, products and services associated with it.

Sports Fan Shop's contact information, should you need to contact Sports Fan Shop for any reason, is:

Customer Service.

Sports Fan Shop

8921 J. Street

Suite 300

Omaha, NE 68127

United States

(800) 482-3485