TERMS OF USE
Welcome to Dynastygoalkeeping.com (the "Website"). The following
terms of services ("TOS") apply to your use of the Website,
including your use of or access to any Basic Services, Pay Services
and Content (all as defined below and collectively referred to as the
"Services") available through the Website. Please read the
TOS carefully before using or accessing the Website, the Services or
the Content. By using or accessing the Website, the Services or the
Content, you signify your agreement to the TOS. Your use of or access
to the Website, the Services or the Content is also subject to all applicable
laws and regulations. If you do not agree to any of the terms or conditions
in the TOS, you should not use or access the Website, the Services or
the Content. Your use of or access to the Website, the Services or the
Content is also governed by our Privacy Policy, which is available through
a link on our home page at http://www. Dynastygoalkeeping.com and is
hereby incorporated into the TOS.
The TOS was last modified on August 12, 2004.
A. TERMS OF SERVICE APPLICABLE TO THE BASIC SERVICES, THE PAY SERVICES
AND ALL USERS OF THE WEBSITE.
1. TERMS OF SERVICE
Sports Vue Internet.com, Inc., dba Sports Vue Interactive Media AND/OR
Dynasty Goalkeeping, provides the Website, the Content and the Services
to you subject to the TOS. Sports Vue Interactive Media AND/OR Dynasty
Goalkeeping may amend the TOS from time to time without notice to you,
but if it does so, it will post the amended TOS on the Website at http://www.
Dynastygoalkeeping.com/site/terms.html. We encourage you to review the
TOS from time to time for possible changes. Your continued use of or
access to the Website, the Services or the Content after any amendment
of the TOS signifies your agreement to the amended TOS. In addition,
when using or accessing any Services or any Content, you will be subject
to any additional posted guidelines or rules applicable to such Services
or Content. All such additional guidelines or rules are hereby incorporated
by reference into the TOS.
2. SERVICES AND CONTENT
Sports Vue Interactive Media AND/OR Dynasty Goalkeeping may update,
delete or otherwise modify any interactive and non-interactive features
and services on Dynastygoalkeeping.com from time to time at the Company's
sole discretion. In addition, Sports Vue Interactive Media AND/OR Dynasty
Goalkeeping also provides access to photographs, text, images, logos
and other media and intellectual property related to or otherwise associated
with the company, Abby Wambach and Dynastygoalkeeping.com. Unless stated
otherwise, the Website, the Services and the Content are subject to
the TOS. You understand and agree that the Website, the Services and
the Content are provided "AS-IS" and that Sports Vue Interactive
Media AND/OR Dynasty Goalkeeping assumes no responsibility in connection
with your use of the Website, the Services or the Content. The Website,
the Services and the Content are provided for your personal, non-commercial
use, entertainment and enjoyment. Under the TOS, you may download certain
Content and Services available on the Website to a single personal computer.
Further, you may not distribute, modify, republish or publicly display
any of the Content or Services unless you have the prior written permission
of Sports Vue Interactive Media AND/OR Dynasty Goalkeeping, which permission
may be withheld at Sports Vue Interactive Media AND/OR Dynasty Goalkeeping's
sole discretion.
3. ACCESS TO SERVICES
In order to use the Website or the Services or access the Content, you
must obtain access to the World Wide Web and pay any access fees which
are associated with the Pay Services as applicable. In addition, you
must provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
4. BACKGROUND INFORMATION
In order to use some of the Services, you may be required to register
with Sports Vue Interactive Media AND/OR Dynasty Goalkeeping by providing
certain information about yourself, including your name and e-mail address.
In consideration of your use of the Services which require registration,
you agree to: (a) provide true, accurate, current and complete information
about yourself as requested in connection with the provision of and/or
registration for any of the Services, subject to all applicable laws.
If you provide any information that is untrue, inaccurate, incomplete
or not current, or Sports Vue Interactive Media AND/OR Dynasty Goalkeeping
has reasonable grounds to suspect that such information is untrue, inaccurate,
incomplete or not current, Sports Vue Interactive Media AND/OR Dynasty
Goalkeeping has the right to suspend or terminate your password and
refuse any and all current or future use of the Services.
5. PRIVACY POLICY
All information collected about you during registration for use of the
Services will be used in accordance with our Privacy Policy and all
applicable laws. You may view our privacy policy at http://www. Dynastygoalkeeping.com/site/privacy.html.
6. USER CONDUCT
You agree that in connection with your use of the Website, the Services
and the Content you will not:
a. upload, post, email or otherwise transmit any content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of anyone's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm or attempt to harm minors in any way;
c. impersonate any person or entity, including, but not limited to,
an official or employee of Sports Vue Interactive Media AND/OR Dynasty
Goalkeeping or any person or entity with whom you are not legitimately
affiliated, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
d. 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 or proprietary or confidential
information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
e. upload, post, email or otherwise transmit any content that infringes
any patent, trademark, trade secret, copyright or other intellectual
property right of any party;
f. upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes" or any other
form of solicitation;
g. 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;
h. interfere with or disrupt the Website, the Services, the Content
or servers or networks connected to the Website, the Services or the
Content, or disobey any requirements, procedures, policies or regulations
of networks connected to the Website, the Services or the Content; or
i. intentionally or unintentionally violate any applicable local, state,
national or international law.
7. USER MESSAGES
a. With respect to any messages, information, data, graphics, photographs,
images, creative ideas, concepts, know-how, techniques, suggestions
or improvements or other content that you transmit, submit, post or
upload to the Website and/or in connection with any of the Services
(each, a "Message"), you are, by transmitting or uploading
such Message, granting Sports Vue Interactive Media AND/OR Dynasty Goalkeeping
a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide
and irrevocable right and license to use, reproduce, modify, publish,
translate, prepare derivative works based upon, and distribute such
Message for any purpose and in any form. This license is granted automatically
and no payment of any kind will be due to you. At times, Sports Vue
Interactive Media AND/OR Dynasty Goalkeeping may solicit Messages from
users. Your provision of any such Messages in response to a solicitation
by Sports Vue Interactive Media AND/OR Dynasty Goalkeeping shall be
subject to a grant of a license to Sports Vue Interactive Media AND/OR
Dynasty Goalkeeping as specified above.
b. When any user posts any material to the Website or any of the Services,
Sports Vue Interactive Media AND/OR Dynasty Goalkeeping shall have the
right, but not the obligation, in its sole discretion, to review, edit
or delete any Message for any reason in Sports Vue Interactive Media
AND/OR Dynasty Goalkeeping's sole discretion. It is Sports Vue Interactive
Media AND/OR Dynasty Goalkeeping's policy to fully cooperate with law
enforcement authorities and court orders which request or require Sports
Vue Interactive Media AND/OR Dynasty Goalkeeping to disclose personal
information or the postings of anyone posting material to the Website
or any of the Services. Although Sports Vue Interactive Media AND/OR
Dynasty Goalkeeping may monitor and/or review posted material from time
to time, it is under no obligation to do so and does not assume any
liability or responsibility with respect to any postings, including
those that contain errors, defamatory content, pornography, profanity
or inaccuracies.
c. You acknowledge and agree that Sports Vue Interactive Media AND/OR
Dynasty Goalkeeping may preserve Messages and may also disclose Messages
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce the TOS; (c) respond to claims that any Message violates
the rights of third parties; or (d) protect the rights, property or
personal safety of Sports Vue Interactive Media AND/OR Dynasty Goalkeeping,
its users and the public. You understand that the technical processing
and transmission of the Services, including posted materials, may involve
(a) transmissions over various networks and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
8. INDEMNITY
You agree to indemnify, defend and hold harmless Sports Vue Interactive
Media AND/OR Dynasty Goalkeeping and each of its respective officers,
directors, governors, owners, other officials, partners, partnerships,
principals, employees, affiliates and other related entities, servants,
agents, representatives, successors and assigns, from and against any
claim or demand, including reasonable attorneys' fees, arising out of
material you post to, submit or transmit through the Website or the
Services, your use of the Website or the Services, your connection to
the Website or the Services, your violation of the TOS or your violation
of any rights of another.
9. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
Sports Vue Interactive Media AND/OR Dynasty Goalkeeping reserves the
right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Website or the Services (or any part thereof) with
or without notice. You agree that Sports Vue Interactive Media AND/OR
Dynasty Goalkeeping shall not be liable to you or to any third party
for any suspension or discontinuance of the Website or the Services;
provided that Sports Vue Interactive Media AND/OR Dynasty Goalkeeping
will provide a pro-rata refund for any Pay Services which are discontinued
or otherwise cancelled prior to the conclusion of the term for which
payment has been received.
10. TERMINATION
You agree that Sports Vue Interactive Media AND/OR Dynasty Goalkeeping,
in its sole discretion, may terminate your use of the Website and/or
the Services, and remove and discard any material posted within the
Services, for any reason, including, without limitation, if Sports Vue
Interactive Media AND/OR Dynasty Goalkeeping believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
Sports Vue Interactive Media AND/OR Dynasty Goalkeeping may also in
its sole discretion and at any time discontinue providing the Website
or the Services, or any part thereof, with or without notice. You agree
that any termination of your access to the Services under any provision
of this TOS may be effected without prior notice. Further, you agree
that Sports Vue Interactive Media AND/OR Dynasty Goalkeeping shall not
be liable to you or any third party for any termination of your access
to the Services other than as expressly provided for in Section 11 in
connection with early termination of a Pay Service.
11. DYNASTYGOALKEEPING.COM ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions
of, advertisers and vendors found on or through the Services or the
Website, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser and/or
vendor. You agree that Sports Vue Interactive Media AND/OR Dynasty Goalkeeping
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such advertisers or vendors on the Website or in connection
with the Services. All of your business dealings with vendors and advertisers
appearing on the Website or in connection with the Services shall be
at your sole risk.
12. THIRD PARTY MATERIALS, SERVICES AND EXTERNAL LINKS
The Website and/or the Services may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because Sports Vue
Interactive Media AND/OR Dynasty Goalkeeping has no control over such
sites and resources, you acknowledge and agree that Sports Vue Interactive
Media AND/OR Dynasty Goalkeeping is not responsible for the availability
of such external sites or resources and do not endorse and are not responsible
or liable for any content, advertising, products or other materials
on or available from such sites or resources. You further acknowledge
and agree that Sports Vue Interactive Media AND/OR Dynasty Goalkeeping
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available
on or through any such site or resource.
You further understand and acknowledge that in some cases, it may be
necessary or desirable to use third party services, software, technology,
data, and/or other content (collectively, "Third Party Materials")
either independently or in connection with various programs, features
or functions available through the Website and/or the Services. Such
Third Party Materials may be downloaded to and/or stored on your computer
or otherwise employed in connection with the functions and features
of the Website and the Services and you may or may not be notified of
the same. Your use of Third Party Services may be subject to terms of
use other than these TOS and as may be set forth by third party providers,
as applicable. Further, Third Party Materials may appear to be sourced
either through a Sports Vue Interactive Media AND/OR Dynasty Goalkeeping
branded website or through a third party website. In any event, you
agree and acknowledge that Sports Vue Interactive Media AND/OR Dynasty
Goalkeeping assumes no liability with respect to your use of such Third
Party Materials whether you are aware of their use or not and whether
or not the use of such Third Party Materials are endorsed or recommended
for use by Sports Vue Interactive Media AND/OR Dynasty Goalkeeping.
13. PROPRIETARY RIGHTS
You acknowledge and agree that (i) the term Sports Vue Interactive Media
AND/OR Dynasty Goalkeeping and its logo are registered trademarks of
Sports Vue Interactive Media AND/OR Dynasty Goalkeeping; (ii) all Sports
Vue Interactive Media AND/OR Dynasty Goalkeeping logos and marks as
well as all other proprietary materials depicted on the Website, the
Services and the Content are the property of Sports Vue Interactive
Media AND/OR Dynasty Goalkeeping or are licensed to Sports Vue Interactive
Media AND/OR Dynasty Goalkeeping and may not be reproduced without the
prior written consent of Sports Vue Interactive Media AND/OR Dynasty
Goalkeeping (or its designee); and (iii) the Content, including, without
limitation, news articles, press releases, photographs, images and illustrations,
is the property of, or is licensed by, Sports Vue Interactive Media
and Dynasty Goalkeeping. You further acknowledge and agree that (i)
any necessary software used in connection with the Website, the Services
and the Content (the "Software") contains proprietary and
confidential information that is protected by applicable intellectual
property and other laws and is either owned by or licensed to Sports
Vue Interactive Media AND/OR Dynasty Goalkeeping; and (ii) content contained
in sponsor advertisements or information presented to you through the
Website, the Services and the Content or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Sports Vue Interactive
Media AND/OR Dynasty Goalkeeping or advertisers, you agree not to reproduce,
republish, upload, post, transmit, distribute, copy, publicly display
or otherwise use the Content, the Software or any derivative works based
on the Website, the Services, the Content or the Software, in whole
or in part. You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Services. You
agree not to access the Services by any means other than through the
interface that is provided by Sports Vue Interactive Media AND/OR Dynasty
Goalkeeping for use in accessing the Services. Other than a limited
right of personal use in connection with use of the Website, the Services
and the Content, you will have no rights to the Software.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE SERVICES,THE CONTENT AND ANY THIRD PARTY
MATERIALS IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES, THE CONTENT
AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. SPORTS VUE INTERACTIVE MEDIA AND/OR
DYNASTY GOALKEEPING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
b. SPORTS VUE INTERACTIVE MEDIA AND/OR DYNASTY GOALKEEPING MAKES NO
WARRANTY THAT (i) THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD
PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES,
THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR
USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPORTS VUE INTERACTIVE MEDIA
AND/OR DYNASTY GOALKEEPING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF SPORTS VUE INTERACTIVE MEDIA AND/OR
DYNASTY GOALKEEPING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT
OR THE THIRD PARTY MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE WEBSITE, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITE, THE SERVICES
OR IN THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE POSTING OR TRANSMISSION
BY THIRD PARTIES OF DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL; OR (v)
ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES,THE CONTENT OR
THE THIRD PARTY MATERIALS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR
OTHER FAILURE OF PERFORMANCE BY SPORTS VUE INTERACTIVE MEDIA AND/OR
DYNASTY GOALKEEPING, ITS AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION,
DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION
LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION
OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
16. 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 OF SECTIONS 16 AND
17 MAY NOT APPLY TO YOU.
17. NOTICE
Sports Vue Interactive Media AND/OR Dynasty Goalkeeping may provide
notices to you via email or postal mail. Sports Vue Interactive Media
AND/OR Dynasty Goalkeeping may also provide notices of changes to the
TOS or other matters by displaying notices or links to notices to you
generally on the Website or by posting an amended TOS on the Website.
19. LINKING TO THE WEBSITE
No link to the Website may be "framed" to the extent such
frame contains any sponsorship, advertising or other commercial text
or graphics. All links to the Website must be to http://www.Dynastygoalkeeping.com,
the Website home page. "Deep Linking" to internal pages of
the Website is expressly prohibited.
19. GENERAL PROVISIONS
The TOS constitute the entire agreement between you and Sports Vue Interactive
Media AND/OR Dynasty Goalkeeping and govern your use of the Website,
the Services and access to the Content, superseding any prior agreements
between you and Sports Vue Interactive Media AND/OR Dynasty Goalkeeping.
You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and Sports Vue Interactive
Media AND/OR Dynasty Goalkeeping shall be governed by the laws of the
State of Virginia without regard to its conflict of law provisions.
You and Sports Vue Interactive Media AND/OR Dynasty Goalkeeping agree
to submit to the personal and exclusive jurisdiction of the courts located
within the county of Accomac, Virginia. The failure of Sports Vue Interactive
Media AND/OR Dynasty Goalkeeping or any of its entities to exercise
or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS 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 TOS shall remain in full force and effect. You agree that, regardless
of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Services or the TOS must be
filed within one (1) year after such claim or cause of action arose
or be forever barred. The section titles in the TOS are for convenience
only and have no legal or contractual effect.