Terms of Use Agreement

This Terms of Use Agreement (the "Agreement") sets forth the legally binding terms for your use of this Website's services. By using these services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered as a member on the Website). The term "User" refers to both a Visitor and a Member. You are only authorized to use the Website's services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and regulations, and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a registered user, communicate with other users and make use of the services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes our policy for acceptable use of the services and content posted on the Website, your rights, obligations and restrictions regarding your use of the services and our Privacy Policy. Unless otherwise provided by the additional terms and conditions applicable to the services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@2009seniorgames.org.

We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the Website. You agree to be bound to any changes to this Agreement when you use the services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any posted content (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the services at any time, for any or no reason, with or without prior notice, and without liability.

Your use of the services is subject to the following specific terms:

Eligibility

Use of and registration for the services is void where prohibited. By using the services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) all information you post on the services is truthful and accurate; (c) you will maintain the accuracy of all such information; and (d) your use of the services does not violate any applicable law or regulation.

  1. Term
    This Agreement shall remain in full force and effect while you use the services or are a registered user. You may terminate your registration at any time, for any reason. We may terminate your user registration at any time, and for any reason, without warning. Even after user registration is terminated, this Agreement will remain in effect, including sections 5-16.

  2. Fees
    You acknowledge that we reserve the right to charge fees for the use of the services and to change our fees from time to time in our sole discretion. If we terminate your user registration because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of such fees.

  3. Password
    When you sign up to become a registered user, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the user account or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

  4. Non-commercial Use by Registered Users
    The services are for the personal use of registered users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of user registration. Appropriate legal action will be taken for any illegal or unauthorized use of the services.

  5. Proprietary Rights in Content on the Website
    Except as otherwise expressly authorized by a user, we do not claim any ownership rights in the text, information, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you upload, display or publish ("post") to the services. After posting your Content to the services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By posting any Content on or through the services, you hereby grant to us and our sponsors and affiliates a non-exclusive, fully-paid, royalty-free, sublicensable, worldwide limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content.

    Without this license, we would be unable to provide the services. The license you grant to us is non-exclusive (meaning you are free to license your Content to anyone else in addition to us), fully-paid and royalty-free (meaning that we are not required to pay you for the use on or in connection with the services of the Content that you post), sublicensable (meaning that we are able to share the Content with our sponsors, affiliates and subcontractors), and worldwide (because the Internet and the services are global in reach).

    You represent and warrant that: (i) you own the Content posted by you on or through the services, or otherwise have the unrestricted right to grant the license set forth in this section, and (ii) the posting of your Content on or through the services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the services.

    The services contain content of us and our sponsors and affiliates ("Our Content"). Our Content is protected by copyright, trademark, patent, trade secret and other laws, and we owns or have the right to use, and retains all rights in Our Content and the services. We hereby grant you a non-exclusive, revocable, nonsublicensable, limited license to reproduce and display Our Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the services.

    The services contain Content of users, sponsors, affiliates, and other licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the services.

  6. Content Posted
    You are solely responsible for (a) the Content that you post on or through any of the services, (b) any material or information that you transmit to other users, and (c) for your interactions with other users. We do not endorse and have no control over the Content. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other users.

    We may delete any Prohibited Content (as defined below). We assume no responsibility for monitoring the services for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the services, we nonetheless assume no responsibility for Prohibited Content, no obligation to modify or remove any Prohibited Content, and no responsibility for the conduct of the user submitting any such Content.

  7. Content/Activity Prohibited
    The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the services ("Prohibited Content"). We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the Prohibited Content from the services and terminating the user registration of such violators. Prohibited Content includes, but is not limited to Content that, in our sole discretion:

    • is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • exploits people in a sexual or violent manner;
    • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    • solicits personal information from anyone under 18;
    • provides any telephone numbers, street addresses, last names, URLs or email addresses other than in connection with the services;
    • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    • promotes an illegal or unauthorized copy of another person's copyrighted work;
    • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    • includes a photograph of another person that you have posted without that person's consent; or
    • uses sexually suggestive imagery or any other unfair, misleading or deceptive Content
    • posts advertisements or solicitations of business, or
    • impersonates another person.

    The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the services ("Prohibited Activity"). We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to activity in our sole discretion that is:

    • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    • advertising to, or solicitation of, any user to buy or sell any products or services through the services other than someone authorized by us. You may not transmit any chain letters or junk email to other users. It is also a violation of this Agreement to use any information obtained from the services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
    • covering or obscuring the banner advertisements on your personal profile page, or any Website page by means of HTML/CSS or any other means;
    • any automated use of the system, such as using scripts to add friends or send comments or messages;
    • interfering with, disrupting, or creating an undue burden on the services or the networks or services connected to the services;
    • attempting to impersonate another user or person;
    • using the account, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
    • selling or otherwise transferring your information or Content;
    • using any information obtained from the services in order to harass, abuse, or harm another person;
    • displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the services on behalf of that person; or
    • using the services in a manner inconsistent with any and all applicable laws and regulations.

    Copyright Policy
    You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is our policy of to terminate the user registration of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached by sending an email to: info@2009seniorgames.org. Please include the subject line "Copyright" in your email.

  8. User Disputes
    You are solely responsible for your interactions with other Website Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

  9. Privacy Policy
    The use of the services is also governed by the our Privacy Policy, which is incorporated into this Agreement by this reference.

  10. Disclaimers
    We are not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the services, whether caused by Users of the services or by any of the hardware, software or functionality associated with or utilized in the services. Profiles created and posted by users on the Website may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the services does not imply approval or endorsement of the linked website by us. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements which are posted on this Website or through the services, nor does it take any responsibility for the goods or services provided by its sponsors, advertisers, strategic partners or affiliates. We are not responsible for the conduct, whether online or offline, of any User of the services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Profile, Content or communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, due to technical problems or traffic congestion on the Internet or on any of the services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the services, attendance or participation in an event or promotion sponsored by us, from any Content posted on or through the services, or from the conduct of any Users of the services, whether online or offline. The services are provided "AS-IS" and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the services.

  11. Limitation on Liability
    IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM OF YOUR USE OF THE WEBSITE.

  12. Disputes
    If there is any dispute about or involving the services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in San Francisco, California. Either we or you may demand that any dispute between us and you about or involving the services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, California, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.

  13. Indemnity
    You agree to indemnify and hold us, our subsidiaries, and affiliates, and their respective directors, officers, agents, sponsors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the services causes us to be liable to another.

  14. Other
    This Agreement is accepted upon your use of the Website or any of the services and is further affirmed by you becoming a user. This Agreement constitutes the entire agreement between you and us regarding the use of the services. The failure of us to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Seenyourgame is a trademark of the 2009 Summer National Senior Games Local Organizing Committee. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

    Please contact us at: info@2009seniorgames.org with any questions regarding this Agreement.

BY USING THIS WEBSITE YOU AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.