Terms of Service for LaxAllStars.com, Lacrosse All Stars
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the LacrosseAllStars.com domain name, the “Lacrosse All Stars Website”, or “Website”), you signify your agreement to these terms and conditions (the “Terms of Service”). If you do not agree to any of these terms please do not use the Lacrosse All Stars.com Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Lacrosse All Stars may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Lacrosse All Stars Website
A. These Terms of Service apply to all users of the Lacrosse All Stars Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Lacrosse All Stars Website includes all aspects of Lacrosse All Stars.
B. The Lacrosse All Stars Website may contain links to third party websites that are not owned or controlled by Lacrosse All Stars. Lacrosse All Stars has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Lacrosse All Stars will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Lacrosse All Stars from any and all liability arising from your use of any third-party website.
3. Lacrosse All Stars Accounts
A. In order to access some features of the Website, you will have to create a Lacrosse All Stars account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Lacrosse All Stars immediately of any breach of security or unauthorized use of your account.
B. Although Lacrosse All Stars will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Lacrosse All Stars or others due to such unauthorized use.
4. General Use of the Website Permissions and Restrictions
Lacrosse All Stars hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Lacrosse All Stars’ prior written authorization.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access User Submissions (defined below) or Lacrosse All Stars Content through any technology or means other than the video playback pages of the Website itself or other explicitly authorized means Lacrosse All Stars may designate.
D. You agree not to use the Website for any commercial use, without the prior written authorization of Lacrosse All Stars. Prohibited commercial uses include any of the following actions taken without Lacrosse All Stars’ express approval:
* sale of access to the Website or its related services on another website;
* use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the Lacrosse All Stars website or any third-party website, targeted to the content of specific User Submissions or Lacrosse All Stars content;
* and any use of the Website or its related services that Lacrosse All Stars finds, in its sole discretion, to use Lacrosse All Stars’ resources or User Submissions with the effect of competing with or displacing the market for Lacrosse All Stars, Lacrosse All Stars content, or its User Submissions.
Inappropriate Content: Commercial use on Lacrosse All Stars
E. Prohibited commercial uses do not include:
* uploading an original video to Lacrosse All Stars;
* Showing Lacrosse All Stars videos on an ad-enabled blog or website, provided the primary purpose of showing the videos is not to gain advertising revenue or compete with Lacrosse All Stars;
* any use that Lacrosse All Stars expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Lacrosse All Stars servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Lacrosse All Stars grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Lacrosse All Stars reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
G. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
H. Lacrosse All Stars reserves the right to discontinue any aspect of the Lacrosse All Stars Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Lacrosse All Stars Website.
A. The content on the Lacrosse All Stars Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Lacrosse All Stars, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Lacrosse All Stars reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
* for your information and personal use; and
* as intended through the normal functionality of the Lacrosse All Stars Service.
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Lacrosse All Stars Service. User Comments are made available “as is” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Lacrosse All Stars Service or otherwise as prohibited under this Agreement.
D. You may access Lacrosse All Stars Content, User Submissions and other content only as permitted under this Agreement. Lacrosse All Stars reserves all rights not expressly granted in and to the Lacrosse All Stars Content and the Lacrosse All Stars Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Lacrosse All Stars Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Lacrosse All Stars Website or the Content therein.
G. You understand that when using the Lacrosse All Stars Website, you will be exposed to User Submissions from a variety of sources, and that Lacrosse All Stars is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Lacrosse All Stars with respect thereto, and agree to indemnify and hold Lacrosse All Stars, and its parent, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a Lacrosse All Stars user and/or account holder you may submit video content (“User Videos”) and textual content (“Comments”). User Videos and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, Lacrosse All Stars does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Lacrosse All Stars to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your Lacrosse All Stars User Submissions. However, by submitting User Submissions to Lacrosse All Stars, you hereby grant Lacrosse All Stars a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Lacrosse All Stars Website and Lacrosse All Stars’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Lacrosse All Stars Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Lacrosse All Stars Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Lacrosse All Stars Service. You understand and agree, however, that Lacrosse All Stars may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Lacrosse All Stars all of the license rights granted herein.
E. Lacrosse All Stars does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Lacrosse All Stars expressly disclaims any and all liability in connection with User Submissions. Lacrosse All Stars does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Lacrosse All Stars will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Lacrosse All Stars reserves the right to remove Content and User Submissions without prior notice.
We may provide links (including inline links) to other websites or offer co-branded promotions with our partners on portions of this Service. These links and co-branded offers are intended as a reader service and a convenient way to purchase those products or services. Our business may receive a percentage of the sales proceeds from any purchases readers make by using certain of these features. The links will appear irrespective of what any of our editorial content may say about the product or service available for purchase.
8. Account Termination Policy
A. Lacrosse All Stars will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Lacrosse All Stars reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, obscene or defamatory material, or excessive length. Lacrosse All Stars may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE LACROSSE ALL STARS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LACROSSE ALL STARS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LACROSSE ALL STARS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LACROSSE ALL STARS WEBSITE. LACROSSE ALL STARS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LACROSSE ALL STARS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LACROSSE ALL STARS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL LACROSSE ALL STARS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LACROSSE ALL STARS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LACROSSE ALL STARS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Lacrosse All Stars from its facilities in the United States of America. Lacrosse All Stars makes no representations that the Lacrosse All Stars Website is appropriate or available for use in other locations. Those who access or use the Lacrosse All Stars Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Lacrosse All Stars, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Lacrosse All Stars Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Lacrosse All Stars Website.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Lacrosse All Stars Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Lacrosse All Stars Website. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lacrosse All Stars without restriction.
You agree that: (i) the Lacrosse All Stars Website shall be deemed solely based in Idaho; and (ii) the Lacrosse All Stars Website shall be deemed a passive website that does not give rise to personal jurisdiction over Lacrosse All Stars, either specific or general, in jurisdictions other than Idaho. These Terms of Service shall be governed by the internal substantive laws of the State of Idaho, without respect to its conflict of laws principles. Any claim or dispute between you and Lacrosse All Stars that arises in whole or in part from the Lacrosse All Stars Website shall be decided exclusively by a court of competent jurisdiction located in Ada County, Idaho. These Terms of Service shall constitute the entire agreement between you and Lacrosse All Stars concerning the Lacrosse All Stars Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Lacrosse All Stars’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Lacrosse All Stars reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Lacrosse All Stars Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND LACROSSE ALL STARS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE LACROSSE ALL STARS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.