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MSA Sports Network
Terms of Service
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| TERMS OF SERVICE |
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- Services and Conditions of Use
Welcome to MSA Sports Network's online service (the "Service")! As
part of our service, MSA Sports Network agrees to provide
you with information libraries, e-mail service, games
and other computer services that MSA Sports Network may decide to offer, subject to the
terms of this Agreement. Upon notice published through the Service, MSA Sports Network
may modify this Agreement at any time. You agree and continue to agree
to use MSA Sports Network Services in a manner consistent with all applicable laws and
regulations and in accordance with the terms and conditions set out in
the policies and guidelines outlined below. Please note that you will
be referred to as "Customer" from time to time in this Agreement.
- Rules For Online Conduct for MSA Sports Network Chat Rooms, Etc.
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 MSA Sports Network, are entirely responsible for all Content that you upload,
post, email or otherwise transmit via the Service. MSA Sports Network 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 MSA Sports Network 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 or otherwise transmitted
via the Service.
You agree to not use the Service to:
- upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a MSA Sports Network
official, forum leader, guide or host, or falsely state of otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
- upload, post, email or otherwise transmit any Content that you do not
have a right to transmit 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);
- upload, post, email or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other from of solicitation, except in those areas
(such as shopping rooms) that are designated for such purpose;
- upload, post, email or otherwise transmit 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;
- 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;
- 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;
Statements or postings that violate the above terms will be deleted from
postings upon discovery. Depending on the nature of the violation, MSA Sports Network at
its sole discretion may terminate Customer's account.
- Software Libraries and Copyrighted Materials
Only public domain software or graphics files or files where the owner has
given express permission for online distribution may be posted to bulletin
boards on the Service. The posting of any other type of file and the posting
of links to any other type of file is strictly forbidden. The following types
of files are examples of strictly forbidden postings:
Unauthorized copies of copyrighted photographs, drawings, graphics, text or
other writings, computer programs or other software, recordings or designs;
files containing advertisements or solicitations aimed at persuading other
members to use certain goods or service; material of a sexually explicitly
nature, including photographs and text.
Copyrighted material, including without limitation text, photographs, sound,
video and music, may not be place on the Service without the express permission
of the author or owner of the copyright on the material. Customer acknowledges
that only the owner or someone authorized by the owner to post the material may
do so. The downloading of copyrighted material is allowed by Customers only
for Customers' own use. Customers may not copy, reproduce, retransmit, distribute,
publish, commercially exploit or otherwise transfer any copyrighted material.
The burden of determining that any information, software or any other content
on the Service is not protected by copyright rests with the Customer. Customer
acknowledges that MSA Sports Network and/or third party content providers remain the owners
of the posted materials, and that Customer does not acquire any of those ownership
rights by downloading copyrighted materials.
- Limitation of Liability And Warranty
Customer agrees that use of the Service is entirely at Customer's own risk.
MSA Sports Network's Services are provided "as is," without warranty of any kind, either
expressed or implied, including without limitation any warranty for information,
services, uninterrupted access, or products provided through or in connection
with the Service, including without limitation the MSA Sports Network software licensed to the
customer and the results obtained through the Service. Specifically, MSA Sports Network disclaims
any and all warranties, including without limitation:
- any warranties concerning the availability, accuracy or content of information,
products or services; and
- any warranties of title or warranties of merchantability or fitness for a
particular purpose.
This disclaimer of liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortuous behavior, negligence, or under any other
cause of action. Customer specifically acknowledges that MSA Sports Network is not liable for
the defamatory, offensive or illegal conduct of other customers or third parties
and that the risk of injury from the foregoing rests entirely with customer.
Neither MSA Sports Network nor any of its agents, affiliates or content providers shall be liable
for any direct, indirect, incidental, special or consequential damages arising out
of use of the service or inability to gain access to or use the Service or out of
any breach of any warranty. Customer hereby acknowledges that the provisions of
this section shall apply to all content on the Service.
- Ownership
As of August 1, 2001, this site is owned & operated by MSA Sports NetworkSports.com, sponsored by MSA, Inc.
- Trademarks
MSA Sports Network, "Turn on, tune in, log on."
and the MSA Sports Network logo are trademarks of MSA, Inc. and MSA Sports Network respectively.
All other trademarks appearing on the Service are trademarks of their respective
owners.
- Indemnification
Customer agrees to indemnify and hold MSA Sports Network harmless from any dispute which may arise
from a breach of terms of this Agreement. Customer agrees to hold MSA Sports Network harmless
from any claims and expenses, including reasonable attorney's fees and court costs,
related to Customer's violation of the Agreement, including the Rules of Conduct
or any information, software or other content place on the Service by Customer.
- Choice of Law
This Agreement shall be construed and controlled by the laws of the
Commonwealth of Pennsylvania. Further, any dispute arising from the
terms of this agreement or a breach of this Agreement will be governed
by the laws of the Commonwealth of Pennsylvania. Customer agrees to
personal jurisdiction by the state and federal courts sitting in the
Commonwealth of Pennsylvania.
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Copyright © 2008
Management Science Associates, Inc.
All Rights Reserved.
Terms of Service |
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