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TERMS OF USE YOUR ACCEPTANCE All the WebPages available at www.blahsports.com and all linked pages ("Site"), are owned and operated by Blahsports, Inc. ("Blahsports"). By using Blahsports (the "Site"), you are agreeing to comply with and be bound by the following terms of use, whether or not you are a registered member of Blahsports. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. BLAHSPORTS' ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY BLAHSPORTS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. MODIFICATIONS OF TERMS OF USE Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version http://www.blahsports.com/tou). Blahsports 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. DESCRIPTION OF SERVICE Subject to full compliance with the Terms of Use, Blahsports may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Blahsports performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site. Blahsports reserves the right to change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Blahsports may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Blahsports account); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account; (e) you are 13 years of age or older; and (f) your use of the Blahsports Services does not violate any applicable law or regulation. Your Profile may be deleted and your user registration may be terminated without warning, if we believe that you are under 13 years of age. You may not (i) select or use as a Blahsports User ID a name of another person with the intent to impersonate that person; (ii) use as a Blahsports User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Blahsports User ID a name that is otherwise offensive, vulgar or obscene. Blahsports reserves the right to refuse registration of, or cancel a Blahsports User ID at any time. USER CONDUCT By way of example, and not as a limitation, you agree not to use the Services: 1. to promote racism, bigotry, hatred or physical harm of any kind against any group or individual, abuse, harass, threaten, impersonate or intimidate other Blahsports users; 2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; 3. to solicit personal information from anyone under the age of 18; 4. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 5. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content; 6. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Blahsports user; 7. to post posts advertisements or solicitations of business or impersonate another person. 8. to transmit "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 9. to violate any laws in your jurisdiction (including but not limited to copyright laws); 10. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content; 11. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. You will not interfere with, disrupt or create an undue burden on the Blahsports services or the networks or services connected to the Blahsports' services; 12. with any intention, you may not give or receive money or other remuneration in exchange of votes or participate in any other effort that may alter the results of Blahsports' services. Blahsports.com reserves the right to investigate and take appropriate legal action against anyone who, in Blahsports.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Blahsports.com also reserves the right to delete any account at any given time, and at its sole discretion. If you wish to report abuses, email us to abuse@blahsports.com. You are solely responsible for your interactions with other users of the Site. Blahsports reserves the right, but has no obligation, to monitor disputes between you and other users. USE OF INFORMATION AND THE SERVICE We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy, you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Site, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Taking all the above into consideration, all the Content you provide will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/. The foregoing does not apply to the Content on any external sites to which the Services link. THIRD PARTY CONTENT AND LINKS Third party content may appear on Blahsports or may be accessible via links from the site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on Blahsports. The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. We have no control over such sites and resources and therefore you acknowledge and agree that Blahsports is not responsible for the availability of such external sites or resources, and does not endorse and is 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 Blahsports 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. BLAHSPORTS PRIVACY POLICY Blahsports' current privacy policy is available at http://creativecommons.org/licenses/publicdomain/.. COPYRIGHT COMPLAINTS Blahsports respects the intellectual property of others, and we ask users of our Web site to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), it is Blahsports' policy to terminate, in appropriate circumstances as determined in our sole discretion, subscribers or account holders who we determine are repeat infringers. If you believe that your copyright in any material has been infringed on a site hosted on Blahsport’s equipment or through its services, please provide a written communication to the attention of "DMCA Infringement Notification Dept." care of http://creativecommons.org/licenses/by-nc-nd/3.0/ that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright. If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Blahsports with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at http://www.blahsports.com/index.php/privacypolicy.html that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney. INDEMNITY AND RESTRICTIONS You will indemnify and hold harmless Blahsports, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Blahsports User ID, of any intellectual property or other right of any person or entity. You are responsible for all of your activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to Services or to access the Site. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. WARRANTY DISCLAIMERS Blahsports has no special relationship with or fiduciary duty to you. You acknowledge that Blahsports has control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Blahsports from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Blahsports makes no representations concerning any content contained in or accessed through the Site, and Blahsports will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY IN NO EVENT SHALL BLAHSPORTS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY YOU THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TERMINATION Either party may terminate the Services at any time by notifying the other party by any means. Blahsports may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. MISCELLANEOUS This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above under Limitation of Liability. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS. TRADEMARKS AND SERVICE MARKS "Blahsports", "Blahsports.com" and Blahsports' logos are trademarks, service marks or registered trademarks of Blahsports or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of Blahsports or its suppliers or licensors. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without Blahsports' permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Blahsports, and may not be copied, imitated, or used, in whole or in part, without Blahsports' prior written permission. All other Blahsports names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Blahsports.
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