Terms of Service
1.
ACCEPTANCE
OF TERMS
Welcome to ALLSTARTEAMSTATS.COM.
ALLSTARTEAMSTATS.COM provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you.
2.
DESCRIPTION
OF SERVICE
ALLSTARTEAMSTATS.COM
currently provides users with access to a large collection of resources,
including, various communications tools, forums, shopping services,
personalized content and data management services (the "Service").
You also understand and agree that the Service may include advertisements and
that these advertisements are necessary for ALLSTARTEAMSTATS.COM to provide the
Service. You also understand and agree that the service may include certain
communications from ALLSTARTEAMSTATS.COM, such as service announcements and
administrative messages.? Communications
are considered part of ALLSTARTEAMSTATS.COM membership and you will not be able
to opt out of receiving them. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service,
including the release of new ALLSTARTEAMSTATS.COM properties, shall be subject
to the TOS. You understand and agree that the Service is provided
"AS-IS" and that ALLSTARTEAMSTATS.COM assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings. You are responsible
for obtaining access to the Service and that access may involve third party
fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
3.
YOUR
REGISTRATION OBLIGATIONS
In consideration
of your use of the Service, you represent that you are of legal age to form a
binding contract and are not a person barred from receiving services under the
laws of the
4.
ALLSTARTEAMSTATS.COM
PRIVACY POLICY
Registration
Data and certain other information about you is
subject to our Privacy Policy. For more information, see our full privacy
policy at Privacy.
5.
MEMBER
ACCOUNT, PASSWORD AND SECURITY
You will
receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify ALLSTARTEAMSTATS.COM
of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. ALLSTARTEAMSTATS.COM cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
6.
MEMBER
CONDUCT
You understand
that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not ALLSTARTEAMSTATS.COM,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. ALLSTARTEAMSTATS.COM does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will ALLSTARTEAMSTATS.COM be liable in
any way for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You agree to
not use the Service to:
(a)
upload,
post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
(b)
harm
minors in any way;
(c)
impersonate
any person or entity, including, but not limited to, an ALLSTARTEAMSTATS.COM
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
(d)
forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
(e)
upload,
post, email, transmit or otherwise make available any Content that you do not
have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
(f)
upload,
post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
(g)
upload,
post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other form of solicitation, except in those areas (such as shopping rooms)
that are designated for such purpose;
(h)
upload,
post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
(i)
disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
(j)
interfere
with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
(k)
intentionally
or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
(l)
"stalk"
or otherwise harass another; or
(m)
collect or store personal data about other
users.
You acknowledge
that ALLSTARTEAMSTATS.COM may or may not pre-screen Content, but that ALLSTARTEAMSTATS.COM
and its designees shall have the right (but not the obligation) in their sole
discretion to pre-screen, refuse, or move any Content that is available via the
Service. Without limiting the foregoing, ALLSTARTEAMSTATS.COM and its designees
shall have the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by ALLSTARTEAMSTATS.COM
or submitted to ALLSTARTEAMSTATS.COM, including without limitation information
in ALLSTARTEAMSTATS.COM message boards, and in all other parts of the Service.
You
acknowledge, consent and agree that ALLSTARTEAMSTATS.COM may access, preserve,
and disclose your account information and Content if required to do so by law
or in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties;
(d) respond to your requests for customer service; or (e) protect the rights,
property, or personal safety of ALLSTARTEAMSTATS.COM, its users and the public.
You understand
that the technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or
devices.
You understand
that the Service and software embodied within the Service may include security
components that permit digital materials to be protected, and use of these
materials is subject to usage rules set by ALLSTARTEAMSTATS.COM and/or content
providers who provide content to the Service. You may not attempt to override
or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
7.
CONTENT
SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
ALLSTARTEAMSTATS.COM
does not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant ALLSTARTEAMSTATS.COM
the following world-wide, royalty free and non-exclusive license(s), as
applicable:
?
With respect to Content other than photos,
graphics, audio or video you submit or make available for inclusion on publicly
accessible areas of ALLSTARTEAMSTATS.COM, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce,
modify, adapt, publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into other works
in any format or medium now known or later developed.
8.
INDEMNITY
You agree to
indemnify and hold ALLSTARTEAMSTATS.COM, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of another.
9.
NO
RESALE OF SERVICE
You agree not
to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service (including your
ALLSTARTEAMSTATS.COM I.D.), use of the Service, or access to the Service.
10.
GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge
that ALLSTARTEAMSTATS.COM may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days
that email messages, message board postings or other uploaded Content will be
retained by the Service, the maximum number of email messages that may be sent
from or received by an account on the Service, the maximum size of any email
message that may be sent from or received by an account on the Service, the
maximum disk space that will be allotted on ALLSTARTEAMSTATS.COM's
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time. You
agree that ALLSTARTEAMSTATS.COM has no responsibility or liability for the
deletion or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge that ALLSTARTEAMSTATS.COM
reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that ALLSTARTEAMSTATS.COM reserves the right
to modify these general practices and limits from time to time.
11.
MODIFICATIONS
TO SERVICE
ALLSTARTEAMSTATS.COM
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that ALLSTARTEAMSTATS.COM shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
12.
TERMINATION
You agree that ALLSTARTEAMSTATS.COM
may, under certain circumstances and without prior notice, immediately
terminate your ALLSTARTEAMSTATS.COM account, any associated email address, and
access to the Service. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems, and (f) extended
periods of inactivity. Termination of your ALLSTARTEAMSTATS.COM account
includes (a) removal of access to all offerings within the Service, (b)
deletion of your password and all related information, files and content
associated with or inside your account (or any part thereof), and (c) barring
further use of the Service. Further, you agree that all terminations for cause
shall be made in ALLSTARTEAMSTATS.COM's sole
discretion and that ALLSTARTEAMSTATS.COM shall not be liable to you or any
third-party for any termination of your account, any associated email address,
or access to the Service.
13.
DEALINGS
WITH ADVERTISERS ?
Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that ALLSTARTEAMSTATS.COM shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
14.
LINKS
The Service may
provide, or third parties may provide, links to other World Wide Web sites or
resources. Because ALLSTARTEAMSTATS.COM has no control over such sites and
resources, you acknowledge and agree that ALLSTARTEAMSTATS.COM is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that ALLSTARTEAMSTATS.COM shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
15.
ALLSTARTEAMSTATS.COM'S
PROPRIETARY RIGHTS
You acknowledge
and agree that the Service and any necessary software used in connection with
the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by ALLSTARTEAMSTATS.COM
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
ALLSTARTEAMSTATS.COM
grants you a personal, non-transferable and non-exclusive right and license to
use the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by ALLSTARTEAMSTATS.COM for use in
accessing the Service.
16.
DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
(a)
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. ?ALLSTARTEAMSTATS.COM EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
(b)
ALLSTARTEAMSTATS.COM
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c)
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
(d)
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALLSTARTEAMSTATS.COM
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
17.
LIMITATION
OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT ALLSTARTEAMSTATS.COM SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF ALLSTARTEAMSTATS.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18.
EXCLUSIONS
AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
19.
NO
THIRD PARTY BENEFICIARIES
You agree that,
except as otherwise expressly provided in this TOS, there shall be no third
party beneficiaries to this Agreement.
20.
NOTICE
ALLSTARTEAMSTATS.COM
may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
21.
TRADEMARK
INFORMATION
The ALLSTARTEAMSTATS.COM
name and logo and other ALLSTARTEAMSTATS.COM logos and product and service
names are trademarks of ALLSTARTEAMSTATS.COM LLC (the " Marks").
Without ALLSTARTEAMSTATS.COM's prior permission, you
agree not to display or use the Marks in any manner.
22.
GENERAL
INFORMATION
Entire
Agreement.
The TOS constitute the entire agreement between you and ALLSTARTEAMSTATS.COM
and govern your use of the Service, superceding any prior agreements between
you and ALLSTARTEAMSTATS.COM. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other ALLSTARTEAMSTATS.COM
services, affiliate services, third-party content or third-party software.
Choice
of Law and Forum. The TOS and the relationship between you and ALLSTARTEAMSTATS.COM
shall be governed by the laws of the State of
Waiver
and Severability of Terms. The failure of ALLSTARTEAMSTATS.COM to exercise
or enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect.
No Right of
Survivorship and Non-Transferability. You agree that your ALLSTARTEAMSTATS.COM
account is non-transferable and any rights to your ALLSTARTEAMSTATS.COM I.D. or
contents within your account terminate upon your death. Upon receipt of a copy
of a death certificate, your account may be terminated and all contents therein
permanently deleted.
Statute
of Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section
titles in the TOS are for convenience only and have no legal or contractual
effect.
23.
VIOLATIONS
Please report
any violations of the TOS to Info@AllStarTeamStats.com
ALLSTARTEAMSTATS.COM encourages you to use our service as
long as you abide by the ALLSTARTEAMSTATS.COM Terms of Service
and ALLSTARTEAMSTATS.COM's prohibition on spamming
and unethical marketing activities. The following are some examples of spamming
that may violate the Terms of Service and ALLSTARTEAMSTATS.COM's
Universal Spam Policy:
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Manipulating identifiers, such as email headers,
to disguise the origin of any content transmitted to or through ALLSTARTEAMSTATS.COM
computer systems.
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Relaying email from a third party's mail servers
without the permission of that third party.
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Using or causing to be used ALLSTARTEAMSTATS.COM
computer systems to facilitate the transmission of unsolicited or unauthorized
material. This includes any promotional materials, URLs, "junk mail,"
"chain letters," "pyramid schemes," or any other form of
unauthorized solicitation that you may upload, post, email, transmit, or
otherwise make available.
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Using "robots" or otherwise harvesting
other's email addresses from the ALLSTARTEAMSTATS.COM site for purposes of
sending unsolicited or unauthorized material.
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Uploading, posting, emailing, or transmitting
the same message, URL, or post multiple times.
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Disrupting the normal flow of dialogue, or
causing the screen to "scroll" faster than other users of the service
are able to type, or otherwise acting in a manner that negatively affects other
users' ability to engage in real-time exchanges.
Violations of
our Terms of Service or this Universal Spam Policy may result in legal action
against you and the termination, without notice, of your ALLSTARTEAMSTATS.COM
ID and/or anything associated with it, including, but not limited to, email
accounts, clubs, posts, home pages, and profiles. Nothing in this policy is
intended to grant any right to transmit email to or through ALLSTARTEAMSTATS.COM
computer systems. ALLSTARTEAMSTATS.COM does not waive any rights by the failure
to enforce this policy in every instance in which it might apply.