1. Fan Responsibilities.
2. Fan Conduct.
We created the Site because we support the Giants. That doesn’t mean we’re not respectful of each other, including visitors who might be fans of other teams. (They may be wrong, but that is not our fault.) So, even though we may only talk to each other by posting words or pictures on the Site, please act like a guest in another Fan’s home. Even if enthusiastic, be polite. If you disagree with another Fan’s (or even a fan of another team’s) comments, respond to the comments; don’t make it personal. Although that’s the general rule, Fan, please also do not post anything that might harass, embarrass, humiliate, or threaten anyone. We reserve the right to remove any such post and to deny you the privilege of visiting the Site if you do.
3. Fan Submissions.
We don’t claim to own any information, comments, photos, graphics, video, messages, tags or other materials you submit to the Site (“Fan Content”). However, you grant us and our designees and successors an irrevocable, non-exclusive, fully-paid, world-wide, transferable, sub-licenseable license to use, distribute, copy, modify, create derivative works of, publish, translate, and to publicly perform and display your Fan Content (in whole or in part) in any format or medium now known or later developed. We reserve the right to display advertisements in connection with Fan Content and to use Fan Content for advertising and promotional purposes. You acknowledge that: we do not pre-screen Fan Content; you are solely responsible for all of your Fan Content; and that we may refuse or remove any Fan Content at any time. You represent and warrant that your Fan Content and our use of it on the Site do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights and rights of privacy or publicity).
4. Copyright Infringement.
We respect the intellectual property rights of others. Accordingly, we have a policy of removing Fan Content that violates copyright law and, if we think reasonable, suspending access to the Site to any Fan who violates any of the Terms. We have adopted procedures under the law (DMCA or 17 U.S.C. §512), to receive written notice of claimed copyright infringement and to process claims in accordance with the law. If you believe your copyright is being infringed by another, please give written notice to our agent for notice of claims of copyright infringement.
Your notice must: (a) have your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate it; (d) have adequate information for us to contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) have a statement that the information in your notice to us is accurate; and (g) have a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We may terminate your or suspend your access to all or part of the Site, without notice, if you violate any Term or engage in any conduct that we, in our sole and absolute discretion, believe violates any law or is otherwise harmful to our interests, any other Fan, or any third party. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IF WE REMOVE YOUR FAN CONTENT OR SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE.
6. Changes To Terms and Site.
We may, in our sole and absolute discretion, change the Terms at any time. We will post notice of any change in the Terms on the Site. If you object to any change, your sole recourse shall be to stop using the Site. If you continue to use the Site after notice of any change, you will be deemed to have agreed to the changed Terms and to be bound by them.
We also reserve the right to modify or discontinue the Site with or without notice to you. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IF WE DO SO.
7. Password and Security.
You are responsible for maintaining the confidentiality of any password required to access the Site, and you are solely responsible for all activities that occur under your password. You will immediately notify us at <insert link> of any unauthorized use of your password or any other breach of security related to the Site.
If we provide a link to any other website or Internet resource, it is for your convenience only and doesn’t mean that we endorse the other website or resource or its contents. You use such sites and resources at your own risk, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANOTHER WEBSITE OR INTERNET RESOURCE.
9. Right to Use Site.
We give you permission to use the Site for your own personal non-commercial purposes, but you may not resell, distribute, or make any commercial use of the Site or any of its contents. You understand that any material, information, or other content downloaded or otherwise obtained through the Site is done at your own discretion and risk and that you are be solely responsible for any damage or other consequences arising therefrom.
10. Disclaimer of Warranties.
THE SITE IS PROVIDED ON AN “AS IS” / “AS AVAILABLE” BASIS, AND USE OF THE SITE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO PROMISE THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) IT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (C) ANY INFORMATION ON THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) DEFECTS WILL BE CORRECTED.
11. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, IN NO EVENT WILL WE OR ANY PERSON OR ENTITY RELATED OR AFFILIATED WITH US BE LIABLE UNDER ANY THEORY OF LAW (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS (EVEN IF WE WERE ADVISED OR KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT) USE OF THE SITE.
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 and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.
You will indemnify and hold us and our subsidiaries, affiliates, officers, directors, employees, consultants, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees, whether incurred as the result of a third party claim or a claim to enforce this Term) that such parties may incur as a result of or arising from your (or anyone using your account) violation of any Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case you will fully cooperate with us in such defense.
“Big Blue United” and our logo design, as well as certain other names, logos, and materials displayed on the Site are trademarks, trade names, service marks or logos (“Marks”) of ours or other entities. You are not authorized to use any such Marks. Ownership of all Marks and the goodwill associated therewith remains with us or those other entities.
14. Copyrights; Restrictions on Use.
The content on the Site (“Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright and other laws and is owned by us or our licensors. Other than with respect to your own Fan Content: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of us and/or our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
These Terms and any additional terms to which you agree when using particular elements of the Site (e.g., terms specific to a site within the Site or relating to the payment of fees for certain Content or services), are the entire and exclusive and final statement of the agreement between Fan and us with respect to the subject matter hereof and govern your use of the Site. They supersede any prior agreements or negotiations between you and us regarding or relating to the Site in any way. The Terms and the relationship between Fan and us shall be governed by the laws of the State of New York as applied to agreements made, entered into, and performed entirely in New York by New York residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to the Terms or your use of the Site must be be brought in the Federal or State courts located in New York, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any Term is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intent as reflected in the Term and that the other provisions of these Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. Sections 3 and 5 through 15 of the Terms, as well as any other limitations on liability set forth in the Terms, shall remain in full force and effect notwithstanding any termination of your use of the Site.