Effective Date: This Terms of Use Agreement was last updated on February 19, 2008.
This Terms of Use Agreement sets forth the standards of use of the Margolis Media Group, Inc known in this document as MMG and AthleticPress.com known in this document as APRESS an Online Service. By using the AthleticPress.com website you (the “User/Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at AthleticPress.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
MMG and APRESS are providing User/Member with a variety of Online services not limited to product sales and news. User/Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User/Member’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site is provided by MMG and APRESS on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, MMG and APRESS makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. MMG and APRESS shall have no liability for any interruptions in the use of this Website. MMG and APRESS disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
MMG and APRESS SHALL NOT be liable for any damages whatsoever, and in particular MMG and APRESS shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MMG and APRESS has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
User/Member agrees to indemnify and hold MMG and APRESS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User/Member’s use of the Service, the violation of this Agreement, or infringement by User/Member, or other user of the Service using User/Member’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
MMG and APRESS reserves the right to modify or discontinue the Service with or without notice to the User/Member. MMG and APRESS shall not be liable to User/Member or any third party should MMG and APRESS exercise its right to modify or discontinue the Service. User/Member acknowledges and accepts that MMG and APRESS does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all User/Members to review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While MMG and APRESS makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
MMG and APRESS makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts Arizona
Our website is operated and provided in the State of Arizona. As such, we are subject to the laws of the State Arizona, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Arizona.
9. Compliance with Laws.
User/Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. User/Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User/Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006-2008 MMG and APRESS.com, with all rights reserved, or is the property of MMG and APRESS and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MMG and APRESS is strictly prohibited. User/Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MMG and APRESS.
Margolis Media Group, Inc (TM) and AthleticPress.com™ are proprietary marks of Margolis Media Group, Inc and AthleticPress.com trademarks may not be used in connection with any product or service that is not provided by MMG and APRESS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MMG and APRESS. All other trademarks displayed on MMG and APRESS’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with MMG and APRESS.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Margolis Media Group, Inc and AthelticPress.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Craig Soloman Ganz, Esq.
By Telephone: 602-509-9773
By Email: Ganzc@aol.com
12. Botnets
MMG and APRESS retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, MMG and APRESS reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by MMG and APRESS, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User/Member. User/Member agrees that by accepting this Terms of Use Agreement, User/Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.
14. Your Responsibilities
Age: Posting on our web site anywhere requires adult/parental/guardian supervision and it is not recommended for children under 13 years of age.
Forums: By using MMG and AthleticPress.comand the message board and forum, you take responsibility for your posts. You, not MMG and AthleticPress.com are responsible for all content that you publish, post, distribute, disseminate, transmit and upload by the service. You agree that you must evaluate, and bear all risks associates with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. If you choose to disclose information about yourself, you must understand that MMG and AthleticPress.com are not responsible for a 3rd party person obtaining your information. MMG and AthleticPress.com has the right to refuse web site/discussion board service to anyone at any time. You agree not to transmit virus or spam containing material.
Placing Your Links: You must obtain permission from MMG and AthleticPress.com to place a link on the website. You may use our “classifieds”, “lessons”, “local events”, “leagues” pages for pertinent information which can be denied for posting by MMG and AthleticPress.com for any reason. MMG and AthleticPress.com are not responsible for content on links provided on our web site.
MMG and AthleticPress.comis a community based forum for the expression of ideas and opinions by its contributors. The ideas or opinions expressed by individual contributors are not necessarily those of the MMG and AthleticPress.com publishers/owners, and any factual allegations made in any posted events/submissions/comments/ideas are not warranted by the publishers/owners of AthleticPress.com. Although MMG and AthleticPress.com will refrain from publishing any posts or announcements it knows to contain untrue or misleading factual allegations, its publishers/owners will not necessarily attempt to verify the factual allegations made in articles submitted for publication.
Advertisement Policy: MMG and AthleticPress.com reserves the right to refuse advertisements and/or documents submitted and is not responsible for any claims made by advertisers. The MMG and AthleticPress.com publishers make every effort to avoid typographical and content errors or omissions, but will not be liable for any financial losses caused by such errors beyond the cost of a single advertisement.
CLASSIFIED: Your classified will be reviewed before posting and may need some editing. MMG and AthleticPress.com reserves the right to do so without notice.
CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a MMG/APRESS employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if posted in areas of the MMG/APRESS sites which are not designated for such purposes; or emailed to MMG/APRESS users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in "services";
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by California law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience:
Partial list of items the sale of which is not permitted on AthleticPress.com :
· Obscene material or child pornography.
· Weapons and related items, including firearms, disguised, undetectable or switchblade knives, martial arts weapons, sniper scopes, silencers, ammunition, large capacity magazines, BB guns, tear gas or stun guns.
· Fireworks, including "safe and sane" fireworks or any destructive devices or explosives.
· Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
· Alcohol or tobacco products.
· Prescription drugs and medical devices, such as prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
· Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
· Blood, bodily fluids or body parts.
· Animals and animal parts, including the retail sales of cats and dogs.
· Restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests.
· Pesticides or hazardous substances, or items containing hazardous substances such as contaminated toys, or art or craft material containing toxic substances without a warning label.
· Illegal telecommunications equipment, such as access cards, password sniffers, access card programmers and unloopers, or cable descramblers
· Stolen property or personal property with the serial number removed or altered.
· Burglary tools, such as lock-picks or motor vehicle master keys
· False identification cards, items with police insignia, citizenship documents, or birth certificates.
· Counterfeit currency, coins and stamps, as well as equipment designed to make them.
· Counterfeit or knock-off brand name goods.
· Material that infringes copyright, such as warez, bootlegs (without consent of the band), etc.
· Airline tickets that restrict transfer.
· Gambling items, such as lottery tickets, sports trading card 'grab bags,' raffle tickets, sweepstakes entries or slot machines.
· Used or rebuilt batteries, or batteries containing mercury.
· Used bedding and clothing, unless sanitized in accordance with law.
· Non-packaged food items or adulterated food.
· Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
o) 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;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by MMG/APRESS;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
x) attempt to gain unauthorized access to MMG/APRESS's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the MMG/APRESS website; or
y) use any form of automated device or computer program that enables the submission of postings on MMG/APRESS without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
To report harassment or a problem with MMG and APRESS please write to
support@athleticpress.com.
TYS Creative