Introduction
Welcome to SportMatrix.com ("SMX"). By registering with SMX as a customer-member you agree to abide by the rules, regulations, and conditions of this Agreement. SMX reserves the right to add, delete or modify any of the terms and conditions contained herein, at any time in our sole discretion by posting a notice of change on SMX or by sending an e-mail to you. If any modification is unacceptable to you, your only recourse is not to use SMX, and your continued use of SMX following proper notification of change constitutes your binding acceptance of all changes.
Your Access
You are responsible for providing all personal computer and communications equipment necessary to gain access to SMX. When you choose to become a customer-member of SMX you will be assigned a username and password for the purposes of accessing your account.
Limited Grant Of Publishing Rights
Photographer-Members of SMX who post photo images on SMX grant to you the right to publish them in the form of photo-related products. You agree that you shall publish such photos ONLY for your PERSONAL USE and such photo related products shall not be sold or distributed by you for commercial purposes.
Account Security
You must promptly inform us of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of your username or password. Until we are notified by e-mail of the above mentioned breaches in security, you will remain liable for any unauthorized usage of your account that occurs.
Claims Made
Should you request a refund or replacement of a product or service, which is denied for a valid reason under this Agreement, and should you subsequently file a claim against SMX, then we shall be entitled to collect from you all costs (including attorney’s fees) associated with successfully defending such a claim.
No Warranties
No warranty is made by SMX regarding any information, services, or products provided through or in connection with SMX, and SMX (unless otherwise described herein) hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services, and any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, in which case the above exclusion may not apply to you. You hereby warrant and represent that you are in all respects qualified and competent to enter into this Agreement.
Limited Product Defect Warranty
All product purchases you make are final at the time your order is placed through SMX's product transaction system. No refund will be given for any product purchases you make unless the product you purchase is received by you in a defective condition and is deemed a “defective product”. A defective product is defined as a product that is either physically when delivered to you or contains a different photo image than what your ordered.
Recourse For Damaged or Defective Products
In the event you are the recipient of a defective product you must notify us immediately upon delivery of the product to you and we will provide you with information about how we will replace the product with a new product. Replacement of the product ordered and/or discontinuance of use of SMX are your only recourses for the receipt of defective products. No refunds will be given, and you may not bring legal action of any kind against us for receipt of a defective product.
Third Party Links
SMX contains images of and links to third party websites ("linked sites"). The linked sites are not under the control of SMX and we are not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. We are not responsible for webcasting or any other form of transmission received from any linked site nor are we responsible if the linked site is not working appropriately. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of these sites nor any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites. Any dealings with third parties (including advertisers) included on or within SMX, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. We shall not be responsible or liable for any part of any such dealings or promotions. By activating a customer-membership with us, or using any feature of SMX, you agree to indemnify SMX from any liability whatsoever associated with your dealings with these third parties.
Limitation Of Liability
We are not obligated to monitor any content or images on SMX However, with respect to the use of the products, services, community areas, and content offered, we reserve the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from SMX in our sole discretion, without notice at any time. The site may contain now, or in the future, message board services, chat areas, communities, personal pages, pages created and/or maintained by publishers or other users, or other communication facilities. You agree to use these facilities only to post, send and receive messages and material that are proper and related to the particular facility, and to comply with all applicable laws and the terms of this Agreement and other notices.
Termination of Use
We reserve the right to terminate your access to SMX at any time without notice for any reason, and also may terminate or change any part of SMX at any time.
Public Content
You acknowledge that certain community areas of SMX have public and not private viewing, use, and communication; and may be viewed or read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any public area. We specifically disclaim any liability with regard to the public or community areas on SMX, or the content published by publishers, users, or yourself, under publishing agreements, and all publishers including you agree to be fully responsible for the content posted on SMX.
Content Disclaimer
The information, services, and other material included in or available through SMX may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via SMX should not be relied upon for decisions or other critical purposes.
User Responsibility For Content
If you post content on SMX you agree that you are solely responsible for the content of your posts (defined as all content posted by you on any content pages, message boards, including actual posts, user profiles, signatures, etc.). This responsibility includes full liability for copyright infringement, libel/slander, and other liability, and you hereby agree to indemnify SMX, our employees, subcontractors, and publishers from any and all liability associated with the above.
User Grants
You agree that you own the content of your posts, but that you grant us the right to reproduce or republish the content of these posts, in full or in part, for any purpose, as well as the right to grant permission for other reproduction or republishing of the posts by a third party.
User Acknowledgments
You agree that you will not hold SportMatrix Enterprises, SMX, our employees or subcontractors, owners, or agents responsible for the actions of other users who post content or information to SMX.
By activating a customer-membership on SMX, you agree that you are giving explicit consent to us to send you various emails, including marketing emails of various types. You hereby agree that, although we may elect to provide methods for opting out of these emails, that these emails are not 'unsolicited emails' or 'spam', and you will indemnify and hold SportMatrix Enterprises, SMX, our owners, managers, employees, publishers, and other agents harmless from any liability whatsoever associated with these emails, or our sending of these emails, and/or your receipt thereof.
Your access to and use of SMX, and products, services, and content of SMX, is at your own risk. We and our members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of SMX, or such products, services, and content.
We make no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of SMX, or such products, services, or content. Without limiting the foregoing, WE AND/OR OUR RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES, CONTENT AND MATERIALS CONTAINED ON SMX FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES, MATERIALS AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE AND/OR OUR RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, CONTENT OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF CONTENT, LOSS OF PROFITS, OR LOSS OF OPPORTUNITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SMX OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE SMX OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH SMX, OR OTHERWISE ARISING OUT OF THE USE OF SMX, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF SMX INCLUDING ANY CONTENT POSTED TO SMX, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SMX AND ITS RELATED SERVICES.
You agree to defend, indemnify and hold SportMatrix Enterprises, SMX, and our owners, suppliers, publishers, partners, sponsors, or other associates harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these terms and all notices including, without limitation, violation of applicable terms or any third-party's rights, including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. These obligations will survive any termination of your relationship with us or your continued use of SMX.
Content Use Restrictions
The content and material on SMX is intended only for the private, non-commercial personal use and enjoyment of SMX users and customer-members within the manner contemplated by SMX's operation and the products and services offered by SMX. SMX and our publishing partners spend a great deal of time and money to obtain the content and information appearing on SMX. You agree that you will not copy, publish, sell, or in any way make available publicly any content and information published on SMX, without express written permission from SMX. You agree that should you do so we reserve the right to cancel or suspend your Account immediately. Additionally, unlawful or illegal use of copyrighted content on SMX will be prosecuted to the fullest extent of the law. You agree that you will not advertise any product or service in the course of posting content to SMX without our express written permission. You agree that if you do so and are subsequently banned or blacklisted from SMX or denied access to certain features of SMX, but continue to post such advertising under a new member account, you will be liable for damages to us in the amount of fair compensation for equivalent advertising frequently sold by us to other advertisers, plus our costs of collection, including attorneys fees. Due to difficulty in our assessing these damages and advertising opportunity costs, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on our ability to prove actual damages in excess of this amount).
Blacklisting
You agree that if we blacklist you, you will cease and desist from using SMX and posting content to our website and if blacklisted, and you subsequently sign up under a new account for the sole purpose of disrupting SMX in any manner, you will be liable for damages to us in the amount of fair compensation for time spent by our staff and/or publishers in addition to any lost profits or revenues caused by the disruption and costs of collection of these damages, including attorneys fees. Due to difficulty in our assessing these damages and costs, you agree that the minimum damage from violation of this provision will be $10,000 (without limitation on our ability to prove actual damages in excess of this amount).
Notices
Notices by SMX to you may be given by means of electronic messages or by a general posting on SMX. Notices by you must be given by electronic messages and will not be deemed received unless you receive a return confirmation of receipt from SMX.
Questions
For answers to questions about your account please submit your inquiries by e-mail to Admin@SportMatrix.com. Please include your name and username in all correspondence or IT MAY BE IGNORED.
Privacy Policy
PLEASE READ OUR PRIVACY POLICY which shall constitute part of this Agreement and shall be deemed to be incorporated herein by reference in its entirety and made a part hereof, as if set out in full.
Copyright Infringement
PLEASE READ OUR COPYRIGHT INFRINGEMENT POLICY which shall constitute part of this Agreement and shall be deemed to be incorporated herein by reference in its entirety and made a part hereof, as if set out in full.
Agreement
This Agreement contains the entire agreement between you and SMX regarding the use of SMX and related services, and supersedes all prior written and oral understandings and writings. The Agreement shall be governed pursuant to the laws of the State of Michigan. Venue shall be in Oakland County, Michigan for any and all cases arising out of the use of SMX and/or regarding content published on SMX. By using SMX in any manner or by activating a membership you hereby agree to all of these terms herein. |
