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Terms of Use |
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AGREEMENT BETWEEN USER AND PHGSA - Penn Hills
Girls Softball Association
The
PHGSA - Penn Hills Girls Softball
Association Web
Site is comprised of various Web pages operated by PHGSA - Penn Hills
Girls Softball Association.
The
PHGSA - Penn Hills Girls Softball
Association Web
Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
Your use of the PHGSA - Penn Hills Girls Softball Association Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE
TERMS OF USE
PHGSA -
Penn Hills Girls Softball Association reserves the right to change the terms,
conditions, and notices under which the PHGSA - Penn Hills Girls
Softball Association Web Site is offered, including but not limited to the
charges associated with the use of the PHGSA - Penn Hills Girls
Softball Association
Web Site.
LINKS TO THIRD PARTY
SITES
The
PHGSA - Penn Hills Girls Softball
Association Web
Site may contain links to other Web Sites (“Linked Sites”). The Linked
Sites are not under the control of PHGSA - Penn Hills Girls Softball
Association and
PHGSA - Penn Hills Girls Softball Association 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. PHGSA - Penn
Hills Girls Softball Association is not responsible for web casting or any other
form of transmission received from any Linked Site. PHGSA - Penn Hills
Girls Softball Association is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement
by PHGSA - Penn Hills Girls Softball Association of the site or any association with
its operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of the
PHGSA - Penn
Hills Girls Softball Association Web Site, you warrant to PHGSA - Penn
Hills Girls Softball Association that you will not use the PHGSA -
Penn Hills Girls Softball Association
Web Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the PHGSA - Penn Hills
Girls Softball Association Web Site in any manner which could damage,
disable, overburden, or impair the PHGSA - Penn Hills Girls Softball
Association Web
Site or interfere with any other party’s use and enjoyment of the
PHGSA
- Penn Hills Girls Softball Association Web Site. You may not obtain or attempt to
obtain any materials or information through any means not
intentionally made available or provided for through the PHGSA - Penn
Hills Girls Softball Association Web Sites.
USE OF COMMUNICATION
SERVICES
The
PHGSA - Penn Hills Girls Softball
Association Web
Site 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. |
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Publish, post,
upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information. |
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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. |
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Upload files
that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another’s computer. |
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Advertise or
offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages. |
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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.
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PHGSA - Penn
Hills Girls Softball Association has no obligation to monitor the Communication
Services. However, PHGSA - Penn Hills Girls Softball Association reserves the right
to review materials posted to a Communication Service and to remove
any materials in its sole discretion. PHGSA - Penn Hills Girls
Softball Association
reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever.
PHGSA -
Penn Hills Girls Softball Association reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in PHGSA -
Penn Hills Girls Softball Association’s sole discretion.
Always use caution when giving out any
personally identifying information about yourself or your children in
any Communication Service.
PHGSA - Penn Hills Girls Softball
Association does
not control or endorse the content, messages or information found in
any Communication Service and, therefore, PHGSA - Penn Hills Girls
Softball Association specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not
authorized PHGSA - Penn Hills Girls Softball Association spokespersons, and their
views do not necessarily reflect those of PHGSA - Penn Hills Girls
Softball Association.
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
PHGSA - Penn
Hills Girls Softball Association OR POSTED AT ANY
PHGSA - Penn Hills Girls Softball Association
WEB SITE
PHGSA -
Penn Hills Girls Softball Association does not claim ownership of the materials you
provide to PHGSA - Penn Hills Girls Softball Association (including feedback and
suggestions) or post, upload, input or submit to any PHGSA - Penn
Hills Girls Softball Association Web Site or its associated services
(collectively “Submissions”). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
PHGSA - Penn Hills Girls Softball Association, its affiliates 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.
PHGSA - Penn
Hills Girls Softball Association is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time
in PHGSA - Penn Hills Girls Softball Association’s 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 PHGSA - Penn Hills Girls
Softball Association WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PHGSA - Penn
Hills Girls Softball Association AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PHGSA - Penn Hills Girls Softball Association WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE PHGSA - Penn Hills Girls Softball
Association 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.
PHGSA -
Penn Hills Girls Softball Association 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 PHGSA - Penn Hills Girls Softball
Association 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. PHGSA -
Penn Hills Girls Softball Association 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
PHGSA - Penn Hills Girls Softball
Association 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 PHGSA - Penn Hills Girls Softball Association WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE PHGSA - Penn Hills Girls Softball
Association 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 PHGSA - Penn Hills Girls Softball
Association WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PHGSA - Penn Hills
Girls Softball Association WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF PHGSA - Penn Hills Girls
Softball Association
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 PHGSA - Penn Hills Girls Softball Association WEB SITE, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE PHGSA - Penn Hills Girls Softball Association WEB SITE.
SERVICE CONTACT :
info@phgsa.org
TERMINATION/ACCESS
RESTRICTION
PHGSA -
Penn Hills Girls Softball Association reserves the right, in its sole discretion, to
terminate your access to the PHGSA - Penn Hills Girls Softball
Association Web Site
and the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Pennsylvania, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts in
Allegheny County, Pennsylvania, U.S.A. in all disputes arising out of
or relating to the use of the PHGSA - Penn Hills Girls Softball
Association Web
Site. Use of the PHGSA - Penn Hills Girls Softball Association Web Site 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 PHGSA - Penn
Hills Girls Softball Association as a result of this agreement or use of the
PHGSA
- Penn Hills Girls Softball Association Web Site. PHGSA - Penn Hills
Girls Softball Association’s performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in
derogation of PHGSA - Penn Hills Girls Softball Association’s right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the PHGSA - Penn Hills Girls Softball
Association Web Site
or information provided to or gathered by PHGSA - Penn Hills Girls
Softball Association 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. Unless otherwise
specified herein, this agreement constitutes the entire agreement
between the user and PHGSA - Penn Hills Girls Softball Association with respect to
the PHGSA - Penn Hills Girls Softball Association Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and PHGSA - Penn Hills
Girls Softball Association with respect to the
PHGSA - Penn Hills Girls Softball Association Web
Site. 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 an d subject to the same conditions as other business documents
and records originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT
AND TRADEMARK NOTICES:
All contents of the
PHGSA - Penn
Hills Girls Softball Association Web Site are: Copyright © 2006
PHGSA - Penn Hills Girls Softball Association 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.
The example companies, organizations, products,
people and events depicted herein are fictitious. No association with
any real company, organization, product, person, or event is intended
or should be inferred.
Any rights not expressly granted herein are
reserved.
NOTICES
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed copyright infringement
under United States copyright law should be sent to Service Provider’s
Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure
for Making Claims of Copyright Infringement. |
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