By: Athlon Sports | 11/1/10, 11:28 AM EDT
ATHLON SPORTS COMMUNICATIONS, INC.
POLICIES OF SITE OWNERSHIP, PRIVACY & PROTECTION AND POLICIES & CONDITIONS OF USE
Welcome to athlonsports.com (“Site”), and related programs of Athlon Interactive, a division of Athlon Sports Communications, Inc. We appreciate your patronage and want to make your visit with us as fun, easy and safe as possible! You are encouraged to visit the Site often, stay as long as you like, and enjoy Athlon’s ever-changing variety of engrossing articles, in-depth interviews, featured profiles, sizzling photography, fascinating statistics and engaging interactive games related to all aspects of pro and college football, basketball, baseball, golf, racing, and hockey. The important information provided below, describing our various Policies of Site Ownership, Privacy & Protection and Policies & Conditions of Use (“Policies”), is intended to guide your activity as you navigate the Site, identify the rights and obligations attached to various properties and elements of the Site, and help you understand the code of conduct governing the behavior of all visitors.
Legal Agreement; Revisions.
The Site is operated by Athlon Sports Communications, Inc. (“Athlon,” “us,” or “we”). Visitors may use the Site, subject to the Policies, which create a binding contract between you and us and contain important information on your legal rights, remedies and obligations. Your actions of visiting, browsing or otherwise using the Site, constitute your acknowledgement, for yourself and on behalf of your children, that (i) you have read, understood, and agree to comply with the Policies and all applicable laws, rules and regulations; (ii) your use of the Site and its services is a valuable benefit received by you; and, (iii) you may not and will not visit, browse or use the Site if you do not agree to the Policies. Athlon may change or revise the Policies at any time, for any reason and without notice and your continued use of the Site signifies your acceptance of any changes or revisions. Please visit this page on a regular basis to ensure that you are aware of our most recent version of the Policies. If you have any questions or concerns regarding the Policies, please e-mail us at email@example.com.
We respect your privacy and share your concerns about its protection. Visiting certain private pages of the Site, however, registering to participate in games, quizzes, or surveys, signing up to receive information or special offers, purchasing items, engaging in blogs, chats, discussions or comment features or becoming a part of special groups or leagues might all very well require your disclosure of private information. This private information would include information necessary to determine your eligibility to participate in specific activities, such as your place of residency or age; information necessary to contact you, such as street or e-mail addresses and telephone numbers; and information that is helpful in determining what other Athlon programs might interest you, such as gender and occupation. Visitors are strongly cautioned to exercise judgment and safety in the disclosure of personal information, understanding that no on-line site or activity is completely impervious to outside intervention or activity, regardless of the level of security employed by Athlon and may become accessible to third parties despite Athlon’s very best efforts. Any information provided to Athlon, or to a sponsor of one of Athlon’s programs through an Athlon game site (“Sponsor”) by you, including your name, address, telephone number and e-mail address, will be used in connection with the purposes of the Site or identified Athlon programs, to communicate with you for purposes of announcements, offers, prize information, providing information or necessary notice or in connection with other appropriate purposes and will be provided to Sponsor; however, Sponsor will only use such for direct marketing purposes if you have consented to such use. Any personal information provided by you for the benefit of other visitors or users including your name, address, telephone number and e-mail address will be disclosed at your own risk and Athlon shall have no liability in connection therewith. Some information is openly and obviously displayed, as in connection with the statistical information of registered Players on game sites, and will be therefore be available to other Players. All private information is collected from fields filled in by you and stored either on the Athlon database server or on the server of the identified Sponsor and used for the purposes outlined above. In most cases and unless otherwise indicated, information collected by an Athlon Sponsor is used solely in connection with the activities of that identified Sponsor and is not provided to or used by any other Athlon Sponsor. Athlon does not sell its information to third parties. All data is proprietary to Athlon and its assignees or designees and will not be returned to you.
Athlon understands that children under 13 years of age (“Young Children”) are particularly vulnerable to abuses of private information and does not knowingly engage or collect any personally-identifiable information from Site visitors who are Young Children. Athlon did not design the Site in any way intending that it will be attractive to or engage Young Children in entering or participating in the activities of the Site. There are some areas of the Site, however, that may be inherently attractive to Young Children. No child is asked or required to disclose any personally-identifiable information above what is reasonably necessary to participate in a specific activity. Individuals providing adequate evidence that they are the parent or guardian of Young Children who have provided Athlon with personally-identifiable information, may request a description of that collected personally-identifiable information and request that Athlon limit or restrict any further use or maintenance of that information or such additional information and/or direct us to delete it. Such requests should be made by contacting us at
Ownership of Site Materials, Content, and Intellectual Property.
Athlon and/or its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners of all content, materials, technical elements and intellectual property rights, including, without limitation, all copyrights, moral rights, trademarks, service marks, trade dress, brands, logos, designs, patent rights, features, functions, services, software, algorithms, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, URLs, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Site (“Athlon Content”).
Trademarks and service marks, including Athlon®, Inside Racing® Diamond Update®, and others (“Athlon Marks”) are the exclusive property of Athlon and any unauthorized use of the Athlon Marks, or of any word, term, name or symbol that dilutes the Athlon Marks is likely to cause confusion or mistake with respect to an unauthorized connection or association of Athlon Marks with an unauthorized third party, its approval, sponsorship, products or services, is strictly prohibited by law. No ownership or other interest in any Athlon Content or Athlon Marks are acquired by any user or visitor accessing, browsing or otherwise using the Site. All other trade names, trademarks, service-marks, names of individuals, names or logos of sports teams, leagues, organizations, arenas, fields, diamonds, tracks, courts, venues, greens, associations, products, services or company designations (“Third Party Materials”) appearing on the Site are the property of their respective owners (“Third Party Owners”) and there is no sponsorship, endorsement, commercial or private business relationship, or authorization, express or implied, by or between the Third Party Owners and Athlon Marks, Athlon Content, products, services, events, or activities on or related to the Site.
Site Use; Athlon’s Right to Monitor Site and Control User-Generated Content.
You may access, browse and use this Site and Athlon Content only for your personal, non-commercial use, on a single computer or similar device. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any Athlon Content, except as may be specifically and narrowly allowed by Sections 107, 108 and 110 of Title 17 of the United States Code, 17 U.S.C. §§ 107-108, 110. Any such allowances will, at all times, be prominently accompanied by: (1) a copyright notice in the form identical to the copyright notice appearing on the subject Athlon Content, and (2) a credit line in the form of the phrase “Accessed at www.AthlonSports.com on ______ __, 20__”. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any Athlon Marks, except as may be allowed by The Trademark Act of 1946 (Lanham Act), 15 U.S.C. § 1051 et seq.
Athlon has the right, but not the obligation to monitor and/or review any or all materials posted by its users to the Site, its services or features and reserves the right to disclose any materials or information as necessary to satisfy any law, regulation or government request, to edit, refuse to post or to remove any information or materials, in whole or in part, it deems objectionable or in violation of these Policies or applicable law, in its sole discretion, and is not responsible for any such materials. If Athlon believes that you are in breach of these Policies or applicable law, or for any other reason, it may also impose limits on certain features or restrict your access to part or all of the Site’s features or services, all without notice or liability. Prohibited conduct includes, but is not limited to the following conduct. You warrant and agree that, while accessing or using the Site, you will not:
§ impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, Athlon, its employees, contributors and contractors or otherwise affiliated with us;
§ insert your own or any third party’s advertising, branding or other promotional content into any Site Content;
§ obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
§ engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site or obtaining lists of users or other information from or through the Site, including, but not limited to any information residing on any server or database connected to the Site;
§ tamper with, “hack,” illegally or improperly access or use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, but not limited to sending mass unsolicited messages, using automated registration programs or other means to “flood” servers;
§ use the Site or its services in violation of Athlon’s intellectual property rights, other proprietary or legal rights or the rights any third party;
§ engage in, through posting, chatting, blogging or any other means, any objectionable, offensive, obscene, derogatory, defamatory, discriminatory, false, harmful, hurtful, violent, profane, sexually suggestive comments or speech, “hate” speech, speech or comments exhibiting gross and intentional disregard for the feelings of others or oneself or any speech intended or likely to exhibit disregard for the rights and values embodied in the Communications Decency Act, common law, federally and state-enacted legislation against violations of the Lanham Act, slander, libel, and defamation, or otherwise use the Site or its services in violation of any applicable law; or
§ attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or its services.
Any violation of Athlon’s policies herein, an attempt to damage the Site or tamper with or undermine the legitimate operation or uses of the Site, is a violation of Athlon’s policies, as well as any and all applicable criminal and civil laws and Athlon reserves the right to seek remedies and damages from you or individuals acting in concert with you to the fullest extent permitted by law.
Your Account and Your User Information.
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify Athlon immediately of any suspected or actual unauthorized use of Your Account or Your User Information or any and all other security breaches. Athlon reserves the right to terminate Your Account or to refuse services to you, without prior notice, at any time and for any or no reason. Repeat copyright infringers will, in appropriate circumstances, have their accounts permanently terminated and any of their content will be removed from the Site.
Links to Third-Party Websites and/or the Site.
The Site contains links to websites of third parties and visitors using these links will leave the Site. These third parties and their websites are not under Athlon’s control and Athlon does not examine or evaluate these websites, is not responsible for their content or operation, does not approve, warrant, endorse, or otherwise make any representation about the websites, their owners or operators, and does not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their policies, conditions of use and privacy policies.
You agree that if you include a link from any website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Site, or any page of the Site, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. Athlon may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and revoke your right to link to the Site.
Disclaimer and Limitation of Liability.
Athlon administers, controls and operates the Site from our offices in Nashville, Tennessee, the United States of America. The Site is accessible world-wide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. The Site’s availability in a territory is not to be deemed an indication of its applicability in that territory and Athlon makes no representation that the Site and Site Content are appropriate or authorized for use in and particular territory or all countries, states, provinces, counties or jurisdictions. Participation in any programs or features included on the Site is limited to those individuals identified as eligible for inclusion in the program or feature and you are encouraged and cautioned to review any specialized or additional policies, rules or regulations contained on the Site and pertaining to such programs or features. Inclusion of such programs or features on the Site is not to be deemed available to or authorized for participation, use or enjoyment by all persons or in all territories. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and risk, and are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. Athlon reserves the right to limit, in its sole discretion, the provision of any feature or function of the Site to any person and geographic area. Any offer for any feature or function made on the Site is void where prohibited.
Any information, instructions, suggestions, directions, advise, or comments contained on the Site is of a general nature only and you, alone, are responsible for determining whether it applies to your specific situation. Athlon specifically disclaims any liability for any action or decision to refrain from any action taken by any person based on any Site Content. Some Site Content is provided by the users of this Site in connection with features permitting the posting of comments, chatting, blogging or similar applications (“User Content”). With the exception of the limited license specified above, Athlon does not monitor, review, obtain or exert editorial control over User Content or independently or in any way verify the accuracy, representations or warranties made with respect to Your Content or User Content. Athlon does not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site, any Site Content or User Content nor is it liable for any errors, omissions or inaccuracy in Site Content or User Content.
The Site and Site Content are provided "as is" and “as available” without warranties of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy or usefulness of Site Content and any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement, which are excluded from this agreement to the extent that they may be excluded as a matter of law. Athlon does not warrant that the Site or Site Content will be timely, secure, uninterrupted, or operated free of delays in transmission, failure in performance, computer viruses, inaccuracies, errors, or defects. Your use of the site is at your own risk. Athlon assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property or on account of your access to, browsing in, or use of, the Site or your downloading of Site Content. You are solely responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output. We make no warranty that the Site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from Athlon or through the Site shall create any warranty not expressly made herein.
Except as set out below, under no circumstances, including, without limitation, breach of contract, tort or negligence, will Athlon be liable for any direct, indirect, special, punitive, incidental or consequential damages that arise out of or in connection with the use of the Site or with the delay or inability to use the Site, or for any information, software, products or services obtained through the Site, or otherwise arising out of the use of the Site, even if advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, those aspects of the above limitation may not apply to you. In no event shall Athlon be liable for, or in connection with any Site Content, User Content, or any of Your Content posted, transmitted, exchanged or received by or on behalf of you, any user or other person on or through the Site. In no event shall Athlon’s total liability to you for all damages, losses and causes of action exceed in the aggregate (a) the amount, if any, paid by you to Athlon for your use of the Site or for any of your activities on the Site during the three months immediately preceding your claim; or (b) one hundred U.S. dollars (US$100.00), whichever is greater.
Notification and Counter-Notification of Claim of Copyright Infringement.
Athlon respects the intellectual property rights of others and requires our visitors and users to do the same. If you believe that your intellectual property, subject to copyright, has been infringed by Athlon, you should provide prompt notice of your claim of copyright infringement in connection with Site Content by please sending written notification to:
With a copy to:
Robin Mitchell Joyce, Esq.
Milom Joyce Horsnell Crow PLC
3310 West End Avenue, Suite 610
Nashville, Tennessee 37203
Athlon Sports Communication, Inc.
220 25th Avenue North
Nashville, Tennessee 37203
Attn: Chief Executive Officer
Your notice must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit Athlon to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. 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.
Upon receiving proper notification of copyright infringement as described above, Athlon will remove or disable access to the allegedly-infringing material, promptly notify the alleged infringer of your claim, and advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512. If Athlon receives a valid counter-notification, the removed or disabled material will be restored after ten (10), but no later than fourteen (14), business days from the date on which Athlon receives the counter-notification, unless Athlon first receives notice from you, as the party filing the original notification of copyright infringement, providing notice that you have filed a court action to restrain infringement of the material in question.
Modification, Suspension, Termination and Assignment.
Athlon reserves the right to modify, suspend or terminate, in its sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, any portion of the Site. You agree that Athlon may assign any of its rights, and/or transfer, sub-contract or delegate any of its obligations under these Policies or otherwise. Your agreement to these Policies is personal to you and you may not transfer or assign it to any third party.
Governing Law, Jurisdiction and Entire Agreement.
Any rights not expressly granted in these Policies are reserved to Athlon Sports Communications, Inc.
© 2009 Athlon Sports Communications, Inc. All Rights Reserved.