TERMS OF USE

Last revised:  September 17, 2013

Thanks for visiting the website www.globalsportsdevelopment.org (“Site”) operated by Global Sports Development (“GSD”).  These Terms of Use govern your use of Site or any GSD service (“Services”).  You must read and agree to these Terms of Use before you can use the Site or any Services.  By using the Site or our Services, you agree to these Terms of Use.  If you do not agree to any of the Terms of Use, please do not use the Site or Services.

Eligibility

You must be at least 13 years old to use the Site or the Services.  If you are not at least 13 years old, do not use the Site or Services.  If you are a minor 13 years old or older, you may use the Site or Services only with the prior permission and the supervision of your parent or legal guardian.

Ownership

The content on the Site and Services, other than submissions by users, including all software, text, visual, and audio content (“Content”) and GSD’s trademarks and logos (“Marks”), are owned by or licensed to GSD and are protected under U.S. and international laws.

Use of the GSD Site and Services

You are responsible for your use of the GSD Site and Services, and for any use of the Site or Services made using your account.  You agree not to access, copy, or otherwise use the Site or Services, including Content and Marks, except as authorized by these Terms of Use or as otherwise authorized in writing by GSD and its applicable licensors.  You agree not to:

  • violate any law or regulation;
  • violate or infringe other people’s intellectual property, privacy, publicity, or other rights;
  • use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others or personal contact information, without their permission;
  • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, obscene, hateful, racist, or otherwise objectionable;
  • violate any contract, rules or policies that govern the use of your mobile phone, as directed by your mobile phone service provider;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • transmit any malicious or unsolicited software;
  • stalk, harass, or harm another individual;
  • impersonate any person or entity, or misrepresent your affiliation with a person or entity;
  • use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Site (although GSD does allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and GSD reserves the right to revoke these exceptions either generally or in specific cases);
  • violate any requirements, procedures, policies or regulations of networks connected to the Site or Services;
  • use automated methods to use the Site or Services in a manner that sends more requests to the GSD servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
  • interfere with or disrupt the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • register for more than one GSD account or register for a GSD account on behalf of an individual other than yourself;
  • recruit or otherwise solicit any user to join third party services or websites that are competitive to GSD, without GSD’s prior written approval;
  • use, display, mirror or frame the Site or any individual element within the Site or Services, GSD’s name, any GSD trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without GSD’s express written consent;
  • access, tamper with, or use non-public areas of the Site, GSD’s computer systems, or the technical delivery systems of GSD’s providers;
  • attempt to probe, scan, or test the vulnerability of any GSD system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by GSD or any of GSD’s providers or any other third party (including another user) to protect the Site or Services;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

GSD will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. GSD may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that GSD has no obligation to monitor your access to or use of the Site or Services or to review or edit any content posted by users, but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. GSD reserves the right, at any time and without prior notice, to remove or disable access to any content on the Site that GSD, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.

Feedback

We always welcome and appreciate your feedback and suggestions about GSD.  You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do you understand that we may use them without compensation to you.

Copyright

We respect the intellectual property rights of others.  Upon proper notice, we will remove applicable content that violates copyright law.  We will also terminate the accounts of repeat infringers.  If you believe your work has been copied in a way that constitutes copyright infringement, please send GSD’s copyright agent a notification with all of the following information:

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit GSD to locate the material on the Site or Services;
  • information reasonably sufficient to permit GSD to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • your physical or electronic signature.

Please send all of the above enumerated information to the following GSD copyright agent by e-mail at copyright@GSD.com or by mail at Global Sports Development, 66 Club Road, Eugene, Oregon 97401.

Links to Other Websites

Our Site and Services may contain links to other websites, or allow others to send you such links.  A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.  We do not exercise control over third-party websites.  You access such third-party websites or content at your own risk.  You should always read the terms of use and privacy policy of a third-party website before using it.  GSD will not be responsible for any damage or loss related to the use of any content, goods or services available on or through any third-party website.

Privacy

GSD respects your privacy.  Our Privacy Policy explains how we collect, use, and disclose information about you.   By using our Site or Services, you also agree to abide by our Privacy Policy , which forms part of these Terms of Use.

Third Party Content and Interactions

The Site and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of GSD, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.  Your interactions with organizations and/or individuals found on or through the Site and Services are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties.  You agree that GSD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  If there is a dispute between users of the Site or Services, or between users and any third party, you understand and agree that GSD is under no obligation to become involved.  In the event that you have a dispute with any other user of the Site or Services, you hereby release GSD, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site and Services.  If you are a California resident, you waive California Civil Code Section 1542, which provides:  A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Modifications to the Site or Services

GSD enhances and updates its Site and Services often.  We may also need to discontinue services we offer from time to time.  You understand and agree that we may modify or discontinue the Site or any Services, with or without notice to you.  GSD will not be liable to you or any third party should GSD it modify or discontinue the Site or any of the Services.

Termination

GSD reserves the right not to provide the Site or Services to any user, and also reserves the right to terminate any user at any time, in our discretion.  If you violate any of these Terms of Use, your permission to use the Site and Services automatically terminates.

Disclaimer of Warranties and Limitations on Our Liability

WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THE SITE AND SERVICES AT YOUR OWN RISK.  THE GSD SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GSD AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GSD SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

GSD AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE GSD SITE AND SERVICES, OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE GSD SITE AND SERVICES.  GSD AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a)  ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;  (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE GSD SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION ; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE GSD SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE GSD SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE GSD SITE OR SERVICES.

GSD AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE GSD SITE OR SERVICES OR ANY LINKED WEBSITE.   GSD AND ITS AFFILIATES WILL NOT BE A PARTY TO OR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GSD SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GSD OR THROUGH THE GSD SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GSD NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE GSD SITE OR SERVICES.

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 GSD 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 GSD’s liability shall be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless GSD, and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) Any information (including, without limitation, your submissions, feedback, or any other content) you or anyone using your account submit, post, or transmit through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms of Use by you or anyone using your account; or (d) the violation of any rights of any third party, including, without limitation, any intellectual property, privacy, publicity or other proprietary rights by you or anyone using your account.  GSD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GSD in asserting any available defenses.

Force Majeure

Under no circumstances will GSD be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

Other Provisions

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.  You agree that any action at law or in equity arising from or relating to these Terms of Use, the Site, or any Services will be filed only in the state or federal courts located in Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such action.  If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  The failure of GSD to enforce any right or provision of these Terms of Use will not be deemed a waiver of that right or provision.

Terms of Use Changes

From time to time, we may change these Terms of Use.  If we change these Terms of Use, we will inform you by posting the revised Terms of Use on the Site.  Those changes will go into effect on the Revision Date shown in the revised Terms of Use.  Your continued use of our Site or Services constitutes your consent to be bound by the revised Terms of Use.

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