REAL SIMPLE Web Site and Application Terms and Conditions of Use
The
following terms and conditions (the "Terms and Conditions") govern
your use of this web site or application provided to you by Meredith
Corporation or one of its subsidiaries, and any content, features or
functionality made available from or through this web site, including any
subdomains thereof, or application (the "Web Site"). The Web Site is
made available by Meredith Corporation or its subsidiaries ("we" or
"us" or "our"), each of which have adopted these Terms and
Conditions with regard to its web site. We may change
the Terms and Conditions from time to time, at any time without notice to you,
by posting such changes on the Web Site. BY USING THE WEB SITE, YOU ACCEPT AND
AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEB SITE. If
you do not agree to these Terms and Conditions, you may not access or otherwise
use the Web Site.
1.
Proprietary Rights.
As between you and us, we own, solely and exclusively, all
rights, title and interest in and to the Web Site, all the content (including,
for example, audio, photographs, illustrations, graphics, other visuals, video,
copy, text, software, titles, Shockwave files, etc.), code, data and materials
thereon, the look and feel, design and organization of the Web Site, and the
compilation of the content, code, data and materials on the Web Site, including
but not limited to any copyrights, trademark rights, patent rights, database
rights, moral rights, sui generis rights and other intellectual property and
proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you
may access on or through the Web Site.
2.
Limited License.
You may access and view the content on the Web Site on your
computer or other device and, unless otherwise indicated in these Terms and
Conditions or on the Web Site, make single copies or prints of the content on
the Web Site for your personal, internal use only. Unless otherwise
specifically indicated in these Terms and Conditions or on the Web Site, use of
the Web Site and the services offered on or through the Web Site, are only for
your personal, non-commercial use.
3.
Prohibited Use.
Unless otherwise specifically indicated in these Terms and
Conditions or on the Web Site, any commercial or promotional distribution,
publishing or exploitation of the Web Site, or any content, code, data or
materials on the Web Site, is strictly prohibited unless you have received the
express prior written permission from our authorized personnel or the otherwise
applicable rights holder. Other than as expressly allowed herein or on the Web
Site, you may not download, post, display, publish, copy, reproduce,
distribute, transmit, modify, perform, broadcast, transfer, create derivative
works from, sell or otherwise exploit any content, code, data or materials on
or available through the Web Site. You further agree that you may not alter,
edit, delete, remove, otherwise change the meaning or appearance of, or
repurpose, any of the content, code, data, or other materials on or available
through the Web Site, including, without limitation, the alteration or removal
of any trademarks, trade names, logos, service marks, or any other proprietary
content or proprietary rights notices. You acknowledge that you do not acquire
any ownership rights by downloading or otherwise using any copyrighted material
from or through the Web Site. If you make other use of the Web Site, or the
content, code, data or materials thereon or available through the Web Site,
except as otherwise provided above, you may violate copyright and other laws of
the United States, other countries, as well as applicable state laws and may be
subject to liability for such unauthorized use.
4.
Trademarks.
The trademarks, logos, service marks and trade names
(collectively the "Trademarks") displayed on the Web Site or on
content available through the Web Site are our registered and unregistered
Trademarks and others and may not be used in connection with products and/or
services that are not related to, associated with, or sponsored by their rights
holders that are likely to cause customer confusion, or in any manner that
disparages or discredits their rights holders. All Trademarks not owned by us
that appear on the Web Site or on or through the Web Site's services, if any,
are the property of their respective owners. Nothing contained on the Web Site
should be construed as granting, by implication, estoppel, or otherwise, any license
or right to use any Trademark displayed on the Web Site without our written
permission or the third party that may own the applicable Trademark. Your
misuse of the Trademarks displayed on the Web Site or on or through any of the
Web Site's services is strictly prohibited.
5.
User Information.
In the
course of your use of the Web Site and/or the services made available on
or through the Web Site, you may be asked to provide certain personalized
information to us (such information referred to hereinafter as "User
Information"). Our information collection and use policies with respect to
the privacy of such User Information are set forth in the Web Site's Privacy Policy which is
incorporated herein by reference for all purposes. You acknowledge and agree
that you are solely responsible for the accuracy and content of User
Information.
6.
Submitted Materials.
Unless specifically requested, we do not solicit
nor do we wish to receive any confidential, secret or proprietary information
or other material from you through the Web Site, by e-mail or in any other way.
Any information, creative works, demos, ideas, suggestions, concepts, methods,
systems, designs, plans, techniques or other materials submitted or sent to us
(including, for example and without limitation, that which you submit or post
to our chat rooms, message boards, survey responses, and/or our blogs, or send
to us via e-mail) ("Submitted Materials") will be deemed not to be
confidential or secret, and may be used by us in any manner consistent with the
Web Site's Privacy Policy. By submitting or
sending Submitted Materials to us, you: (i) represent
and warrant that the Submitted Materials are original to you, that no other
party has any rights thereto, and that any "moral rights" in
Submitted Materials have been waived, and (ii) you grant us and our affiliates a
royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive
and fully transferable, assignable and sublicensable right and license to use,
copy, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform, display and incorporate in other works any Submitted
Materials (in whole or part) in any form, media, or technology now known or
later developed, including for promotional and/or commercial purposes. We
cannot be responsible for maintaining any Submitted Material that you provide
to us, and we may delete or destroy any such Submitted Material at any time.
7.
Prohibited User Conduct.
You warrant and agree that, while using the Web Site and the
various services, features and functionality offered on or through the Web
Site, you shall not: (a) impersonate any person or entity or misrepresent your
affiliation with any other person or entity; (b) insert your own or a third
party's advertising, branding or other promotional content into any of the Web
Site's content, materials or services (for example, without limitation, in an
Embedded Video (as defined herein), RSS feed or a podcast received from us or
otherwise through the Web Site), or, except as otherwise specifically
authorized in these Terms and Conditions or on the Web Site use, redistribute,
republish or exploit such content or service for any further commercial or
promotional purposes; or (c) attempt to gain unauthorized access to other
computer systems through the Web Site. You shall not: (i)
engage in spidering, "screen scraping," "database
scraping," harvesting of e-mail addresses, wireless addresses or other
contact or personal information, or any other automatic means of obtaining
lists of users or other information from or through the Web Site or the
services offered on or through the Web Site, including without limitation any
information residing on any server or database connected to the Web Site or the
services offered on or through the Web Site; (ii) obtain or attempt to obtain
unauthorized access to computer systems, materials or information through any
means; (iii) use the Web Site or the services made available on or through the
Web Site in any manner that could interrupt, damage, disable, overburden, or
impair the Web Site or such services, including, without limitation, sending
mass unsolicited messages or "flooding" servers with requests; (iv)
use the Web Site or the Web Site's services or features in violation of our or
any third party's intellectual property or other proprietary or legal rights;
or (v) use the Web Site or the Web Site's services in violation of any
applicable law. You further agree that you shall not attempt (or encourage or
support anyone else's attempt) to circumvent, reverse engineer, decrypt, or
otherwise alter or interfere with the Web Site or the Web Site's services, or
any content thereof, or make any unauthorized use thereof. You agree that you
shall not use the Web Site in any manner that could interfere with any other
party's use and enjoyment of the Web Site or any of its services. You shall not
obtain or attempt to obtain any materials or information through any means not
intentionally made publicly available or provided for through the Web Site.
8.
Public Forums.
We may, from time to time, make messaging services, chat
services, bulletin boards, message boards, blogs, other forums and other such
services available on or through the Web Site. In addition to any other rules
or regulations that we may post in connection with a particular service, you
agree that you shall not upload, post, transmit, distribute or otherwise
publish through the Web Site or any service or feature made available on or
through the Web Site, any materials which (i)
restrict or inhibit any other user from using and enjoying the Web Site or the Web
Site's services, (ii) are fraudulent, unlawful, threatening, abusive,
harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic,
profane, sexually explicit or indecent, (iii) constitute or encourage conduct
that would constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national or international law, (iv)
violate, plagiarize or infringe the rights of third parties including, without
limitation, copyright, trademark, trade secret, confidentiality, contract,
patent, rights of privacy or publicity or any other proprietary right, (v)
contain a virus, spyware, or other harmful component, (vi) contain embedded
links, advertising, chain letters or pyramid schemes of any kind, or (vii)
constitute or contain false or misleading indications of origin, endorsement or
statements of fact. You further agree not to impersonate any other person or
entity, whether actual or fictitious, including us or our personnel. You also
may not offer to buy or sell any product or service on or through your comments
submitted to our forums. You alone are responsible for the content and
consequences of any of your activities.
9.
Right to Monitor and Editorial Control.
We reserve the right, but do not have an obligation, to monitor
and/or review all materials posted to the Web Site or through the Web Site's
services or features by users, and we are not responsible for any such
materials posted by users. However, we reserve the right at
all times to disclose any information as necessary to satisfy any law,
regulation or government request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, that in our sole discretion are
objectionable or in violation of this Terms of Use, our policies or applicable
law. We may also impose limits on certain features of the forums or restrict
your access to part or all of the forums without
notice or penalty if we believe you are in breach of the guidelines set forth
in this paragraph, our terms and conditions or applicable law, or for any other
reason without notice or liability.
10.
Private or Sensitive Information on Public
Forums.
It is important to remember that comments submitted to a
forum may be recorded and stored in multiple places, both on our Web Site and
elsewhere on the Internet, which are likely to be accessible for a long time
and you have no control over who will read them eventually. It is therefore
important that you are careful and selective about the personal information
that you disclose about yourself and others, and in
particular, you should not disclose sensitive, embarrassing, proprietary
or confidential information in your comments to our public forums.
11.
Linking to the Web Site.
Unless otherwise specifically indicated in these Terms and
Conditions or on the Web Site, you agree that: (i) if
you include a link from any other web site to the Web Site, such link shall
open in a new browser window and shall link to the full version of an HTML
formatted page of this Web Site; (ii) you are not permitted to link directly to
any image hosted on the Web Site or our services, such as using an
"in-line" linking method to cause the image hosted by us to be
displayed on another web site; and (iii) you agree not to download or use
images hosted on this Web Site on another web site, for any purpose, including,
without limitation, posting such images on another site. You agree not to link
from any other web site to this Web Site in any manner such that the Web Site,
or any page of the Web Site, is "framed," surrounded or obfuscated by
any third party content, materials or branding. We
reserve all of our rights under the law to insist that
any link to the Web Site be discontinued, and to revoke your right to link to
the Web Site from any other web site at any time upon written notice to you.
12.
Indemnification.
You agree to defend, indemnify and hold us and our
affiliates and our affiliates' directors, officers, employees and agents
harmless from any and all claims, liabilities, costs and expenses, including
attorneys' fees, arising in any way from your use of the Web Site, your
placement or transmission of any message, content, information, software or
other materials through the Web Site, or your breach or violation of the law or
of these Terms and Conditions. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with our defense of such
claim.
13.
Orders for Products and Services.
We may make certain products available to visitors and
registrants of the Web Site. If you order any products, you hereby represent
and warrant that you are 18 years old or older. You agree to pay in full the
prices for any purchases you make either by credit/debit card concurrent with
your online order or by other payment means acceptable to us. You agree to pay
all applicable taxes. If payment is not received by us from your credit or
debit card issuer or its agents, you agree to pay all amounts due upon demand
by us. Certain products that you purchase and/or download on or through the Web
Site may be subject to additional terms and conditions presented to you at the
time of such purchase or download.
14.
Third Party Web Sites.
You may be able to link from the Web Site to third party web
sites and third party web sites may link to the Web
Site ("Linked Sites"). You acknowledge and agree that we have no
responsibility for the information, content, products, services, advertising,
code or other materials which may or may not be provided by or through Linked
Sites, even if they are owned or run by affiliates of ours. Links to Linked
Sites do not constitute an endorsement or sponsorship by us of such web sites
or the information, content, products, services, advertising, code or other
materials presented on or through such web sites. The inclusion of any link to
such sites on our Site does not imply our endorsement, sponsorship, or
recommendation of that site. Meredith Corporation disclaims any liability for links (1)
from another web site to this Web Site and (2) to another web site from this
Web Site. Meredith Corporation cannot guarantee the standards of any web site
to which links are provided on this Web Site nor shall we be held responsible
for the contents of such sites, or any subsequent links. We do not represent or
warrant that the contents of any third party web site
is accurate, compliant with state or federal law, or compliant with copyright
or other intellectual property laws. Also, we are not responsible for or any
form of transmission received from any linked web site. Any reliance on the
contents of a third party web site is done at your own
risk and you assume all responsibilities and consequences resulting from such
reliance.
15.
Embedded Video Links.
Certain pages of the Web Site provide the functionality for
you to "embed" videos appearing on the page on other web sites or
blog pages (together with the Player, as defined herein, the "Embedded
Video"). The functionality is provided by giving you the necessary HTML
code to include on such page to make that Embedded Video appear. If you include
the HTML on a web or blog page, the actual video stream for the Embedded Video
will be served from our servers but the Embedded Video may be rendered to the
visitor of that page as part of that page. If you elect to embed video on a
page, you agree as follows: (i) you will not alter,
in any respect, the Embedded Video (including without limitation the content,
format, and length and advertising associated therewith) from how it is served
from our servers; (ii) you will not facilitate access to the Embedded Video
through any video player or other tool other than the video player that is
provided by us when the Embedded Video appears (the "Player"); (iii)
the Embedded Video may be used as part for commercial purposes, including on an
advertising-supported page, provided that: (a) the Embedded Video shall not be
included in, or used as part of, a service that sells access to video content;
(b) you shall not insert advertising, sponsorship or promotional messages in,
or immediately adjacent to, the Embedded Video or Player; and (c) to the extent
you sell any advertising, sponsorship or promotional material to appear on the
same page that includes the Embedded Video, the page includes other content not
provided by us which is a sufficient basis for such sales. You may not block,
inhibit, build upon or disable any portion of the Player, including without
limitation links back to our site. You understand and agree that all measured
metrics related to the access and viewing of the Embedded Video shall be
credited to the Web Site Without limitation of any provision of these Terms of
Use, we shall have no liability to you for any reason with respect to your use
of Embedded Video and you agree to defend, indemnify and hold us and our
affiliates and our affiliates' directors, officers, employees and agents
harmless from any and all claims, liabilities, costs and expenses, including
attorneys' fees, arising in any way from your use of the Embedded Video.
16.
Copyright Agent.
We respect the intellectual property
rights of others, and require that the people who use
the Web Site, or the services or features made available on or through the Web
Site, do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please forward the following information to
our Copyright Agent, designated as such pursuant to the Digital Millennium
Copyright Act, 17 U.S.C. 512(c)(2), named below:
•
Your address, telephone number, and email address;
•
A description of the copyrighted work that you claim has been
infringed;
•
A description of where the alleged infringing material is located;
•
A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
•
An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; and
•
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
are authorized to act on the copyright owner's behalf.
Copyright Agent:
Norbert Kaut
1716 Locust St., Des Moines, IA 50309
e-mail: dmcanotice@meredith.com
Please Note: The
Copyright Agent has no responsibility for and will not respond to Usage/Reprint
permission requests or Subscriber/Customer Service inquiries.
For Usage
and/or Reprint Permission Requests, please contact:
Email: CLPermissions@meredith.com
For Subscriber
Inquiries (including Address Changes and Subscription Cancellations), or any
other Customer Service issues, please contact:
Meredith Corporation
1716 Locust Street
Des Moines, Iowa 50309
Email: privacy@meredith.com
1-515-284-3000
17.
DISCLAIMER OF WARRANTIES.
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES,
FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEB SITE, ARE
PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY 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, PLAYABILITY,
DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS,
USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE
HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT
WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS
PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR
FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE
OR THE PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE
WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES
ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR
VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF,
OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT,
IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE
DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE
WEB SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON
THE WEB SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE
CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND
WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEB SITE,
NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING
POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS
WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER
USERS OF THE WEB SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT
AVAILABLE THROUGH THE WEB SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS
APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION,
ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR
LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF
ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR
OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE SHALL HAVE
NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM,
THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN THE WEB SITE SHALL BE CONSTRUED
AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT
ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER
ANOTHER.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR
AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS
REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND
HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND
REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS
DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH US OR OUR
AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE
PROVIDED BY US "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE
SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING
BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.
18.
LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL
WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT
OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY
OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE
OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, FEATURES, MATERIALS
AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE,
LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE
PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED,
TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON
ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF
THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR
OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE
EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF
THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE.
19.
Photosensitive Seizures.
A very small percentage of people may experience a seizure
when exposed to certain visual images, such as flashing lights or patterns that
may appear in video games or other electronic or online content. Even people
who have no history of seizures or epilepsy may have an undiagnosed condition
that can cause these "photosensitive epileptic seizures" while
watching video games or other electronic content. These seizures have a variety
of symptoms, including lightheadedness, disorientation, confusion, momentary
loss of awareness, eye or face twitching, altered vision or jerking or shaking
of arms or legs. If you experience any of the foregoing symptoms, or if you or
your family has a history of seizures or epilepsy, you should immediately stop
using the Web Site and consult a doctor.
20.
Applicable Laws.
We control and operate the Web Site from our offices in the
United States of America. We do not represent that materials on the Web Site
are appropriate or available for use in other locations. Persons who choose to
access the Web Site from other locations do so on their own initiative, and are
responsible for compliance with local laws, if and to the extent local laws are
applicable. All parties to these terms and conditions waive their respective
rights to a trial by jury.
21.
Termination.
We may terminate, change, suspend or discontinue any aspect
of the Web Site or the Web Site's services at any time. We may restrict,
suspend or terminate your access to the Web Site and/or its services if we
believe you are in breach of our terms and conditions or applicable law, or for
any other reason without notice or liability. We maintain a policy that
provides for the termination in appropriate circumstances of the Web Site use
privileges of users who are repeat infringers of intellectual property rights.
22.
Changes to Terms of Use.
We reserve the right, at our sole discretion, to change,
modify, add or remove any portion of the Terms and Conditions, in whole or in
part, at any time. Changes in the Terms and Conditions will be effective when
posted. Your continued use of the Web Site and/or the services made available
on or through the Web Site after any changes to the Terms and Conditions are
posted will be considered acceptance of those changes.
23.
Miscellaneous.
The Terms and Conditions, and the relationship between you
and us, shall be governed by the laws of the State of New York, United States
of America. You agree that any cause of action that may arise under the Terms
and Conditions shall be commenced and be heard in the appropriate court in the
State of New York, County of New York, United States of America. You agree to
submit to the personal and exclusive jurisdiction of the courts located within
New York County in the State of New York. Our failure to exercise or enforce
any right or provision of the Terms and Conditions shall not constitute a
waiver of such right or provision. If any provision of the Terms and Conditions
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 Terms and Conditions remain in full force and effect.
24.
Supplemental Terms.
Getty Images Notice:
Getty Images still images and visual representations (including, without
limitation, from Getty Images wholly-owned Sport, MLB, NHLI, AFP Sport, and Bongarts Sports) may not be republished, retransmitted,
reproduced, downloaded or otherwise used, except for downloading for personal,
non-commercial use.
S&P Dow Jones Notice:
The Dow Jones Industrial Average is proprietary to and is calculated,
distributed and marketed by DJI Opco, a subsidiary of S&P Dow Jones Indices
LLC and have been licensed for use to S&P Opco, LLC and Meredith
Corporation Standard & Poor's and S&P are registered trademarks of
Standard & Poor's Financial Services LLC and Dow Jones is a registered
trademark of Dow Jones Trademark Holdings LLC. All content of the Dow Jones
Industrial Average • S&P Dow Jones Indices LLC 2014 and/or its
affiliates.
Certain icons are used with permission from Adrian, available at http://designmodo.com/linecons-free/. Entypo pictograms are by Daniel Bruce,
available at http://www.entypo.com. Both are governed by the Creative Commons license available
at https://creativecommons.org/licenses/by-sa/3.0/us/legalcode.
These
Terms and Conditions were revised 02/01/2019.
League
Athletics, d.b.a. SI PLAY, is authorized to operate under U.S. Patent 6,289,348
as required by section 8.1