YOUR RESPONSIBILITIES: By using the Aboutaball, you agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form and (b) maintain and update such information so that it is accurate, current, and complete at all times. In addition, you agree not to use the Aboutaball to: (i) violate any local, state, national, or international law or regulation; (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) knowingly transmit any material that contains adware, malware, spyware, 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; (v) stalk, harass, or harm another individual; (vi) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (vii) interfere with or disrupt the Aboutaball; or (viii) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Aboutaball in connection with the Aboutaball.
USER CONTENT: The Aboutaball may enable you to submit your own media and other content to the Aboutaball (collectively “User Content”). When you provide Aboutaball with User Content, you grant Aboutaball, its affiliates, officers, directors, employees, consultants, agents, and representatives, a non-exclusive, fully-paid, royalty-free, worldwide, transferable, sub-licensable, license to publicly display, publicly perform, distribute (including, without limitation, through third party Web sites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter created, for any purpose. You agree that you have no expectation of compensation or confidentiality of any nature with respect to your User Content. You agree that Aboutaball may publish or otherwise disclose your name, including username, in connection with your User Content. You represent and warrant that: (a) you own all rights in your User Content or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to Aboutaball the rights in your User Content described herein; (b) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, arising from any use or commercial exploitation of your User Content, and Aboutaball will not be responsible for such obligations; (c) you are the individual pictured and/or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears and/or is heard in your User Content to grant the rights to Aboutaball described herein; (d) you will make such permissions available to Aboutaball upon request; and (e) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available to Aboutaball upon Aboutaball’s request.
(a) Copyright Infringement Notification. Pursuant to 17 U.S.C, § 512, Aboutaball has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. Upon proper notice, Aboutaball will remove User Content that violates copyright law, suspend access to the Aboutaball (or any portion thereof) to any user who uses the Aboutaball in violation of copyright law, and terminate the accounts of repeat infringers. If you believe your work has been copied in a way that constitutes copyright infringement, please send Aboutaball’s designated agent a notification of claimed infringement with all of the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Aboutaball to locate such material; (iv) information reasonably sufficient to permit Aboutaball to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of such material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this infringement notification to be effective, you must provide it to Aboutaball’s designated agent at:
By submitting an infringement notification, you acknowledge and agree that Aboutaball may forward your infringement notification and any related communications to any users who posted the material identified in such notice or to other third parties.
(b) Counter Notification. If you believe that your User Content has been wrongfully removed from the Aboutaball, you may send Aboutaball a counter notification. Pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a counter notification.
In compliance with 17 U.S.C, § 512, your counter notification, to be effective, must be in writing, sent to Aboutaball’s designated agent (identified above), and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Aboutaball; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court in the district in which your address is located (or in the Central District of California, for addresses outside the U.S.) and agree to accept service of process from the person who submitted the original infringement notification that resulted in your User Content being removed (or an agent of such person) in the event he or she elects to file suit.
By submitting a counter notification, you acknowledge and agree that Aboutaball may forward your counter notification and any related communications to the person who submitted the original infringement notification that resulted in the removal of your User Content or to other third parties.
MONITORING OF CONTENT: Aboutaball does not, as part of a regular, established practice, monitor, control, or have knowledge of the content transmitted using the Aboutaball. You agree that you are solely responsible for all content you transmit and receive using the Aboutaball.
PASSWORD AND SECURITY: You are responsible for maintaining the confidentiality of your Aboutaball password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Aboutaball of any unauthorized use of your password or any other breach of security related to the Aboutaball. Aboutaball reserves the right to require you to alter your password if Aboutaball believes that your password is no longer secure. Aboutaball WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
DISCLAIMER OF WARRANTIES: Aboutaball HEREBY DISCLAIMS ALL WARRANTIES. Aboutaball IS MAKING THE Aboutaball AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE Aboutaball. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Aboutaball EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE Aboutaball, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Aboutaball DOES NOT WARRANT THAT THE Aboutaball WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE Aboutaball WILL BE UNINTERRUPTED OR ERROR-FREE. Aboutaball MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE Aboutaball OR THE CONTENT OF ANY WEB SITES LINKED TO THE Aboutaball AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE Aboutaball; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Aboutaball; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE Aboutaball BY ANY THIRD PARTY; AND/OR (VI) 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 ON OR THROUGH THE Aboutaball.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Aboutaball OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE Aboutaball.
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 and disclaimers may not apply to you. To the extent Aboutaball may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Aboutaball’s liability shall be the minimum permitted under such applicable law.
THIRD PARTY WEB SITES AND LINKS: The Aboutaball may contain links to third party Web sites or Internet resources that are not owned or controlled by Aboutaball. Aboutaball’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Aboutaball’s endorsement of such other Web site or resource or its contents. Aboutaball SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEB SITE OR INTERNET RESOURCE, INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Aboutaball OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING.
Effective Date: 01 Jan 2009