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TERMS OF SERVICE Last Updated January 28, 2014 The American Contract Bridge League (referred to in these Terms of Service as "ACBL," "we," or "us") operates certain websites, applications, data feeds and services (collectively the "Service"). By using the Service you signify your agreement to these terms and conditions (the "Terms of Service" or "Terms") and ACBL's Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not use the Service. We reserve the right, in our sole discretion, to modify these Terms of Service, at any time, by providing you notice or by posting the new Terms of Service to our website. Your continued use of the Service constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. Protect your password and subscription You agree to provide true, accurate, current and complete information about yourself as requested in the Service's registration process and to update your information. You may not reveal your subscription password to anyone else and you may not use anyone else's password to access the Service. You are responsible for maintaining the confidentiality of your subscription account and password. Your Use of the Service The Service is intended for your personal use. You shall not modify, translate, reverse engineer, decompile or disassemble any software associated with the Service or any part thereof or otherwise attempt to derive source code or create derivative works therefrom. You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Service. You shall not transfer, assign or sublicense your license rights to any other person or entity, or use the Service on unauthorized equipment. You acknowledge and agree that any attempted transfer, assignment, sublicense or use shall be void. You shall not use or permit the Service to be used by third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of ACBL. You agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer; (iv) download any file posted by another user that you know or reasonably should know, cannot be legally distributed in such matter, (v) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (vi) restrict or inhibit any other user from using and enjoying the Service. The Service is for informational and educational purposes only. The contents of the Service are subject to change without notice. ACBL makes no representations or warranties as to the accuracy, reliability or completeness of any information at the Service. Please contact us for more information on your particular need. License "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. By submitting Content to the Service, you represent and warrant that: (i) you have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms; (ii) the Content that you submit will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; and (iii) the Content that you submit is not and will not violate any law, statute, ordinance or regulation. By submitting Content to us, you grant ACBL, our affiliates, and our business partners a worldwide, royalty-free, nonexclusive license to publicly perform, publicly display, broadcast, encode, edit, alter, modify, reproduce, transmit, manufacture, distribute and synchronize with visual images your Content, in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for the purpose of demonstrating, promoting or distributing your Content, to users seeking to download or otherwise acquire it and/or storing the work in a remote database accessible by users. Indemnification You agree to defend, indemnify, and hold ACBL, its officers, directors, employees, agents, licensors, and partners harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, any violations of these Terms of Service. DMCA Notice If you believe that Content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C § 512(c)(3)) by providing our Copyright Agent at copyright@acbl.org. Legal Policies and Service We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, with or without notice, and to remove any content that you submit to the Service for any reason without prior notice to you and without liability to us. ACBL shall not be liable to user or any third party should ACBL exercise its right to modify or discontinue the Service. Use of the Service is subject to existing laws and legal process, and nothing contained herein will limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. We do not guarantee continuous, uninterrupted or secure access to our Service and that the operation of our Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God. WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR CONTENT. WE DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT FROM THE SERVICE. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. IN NO EVENT SHALL ACBL BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, THE CONTENT, OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ACBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Arbitration Any claim, controversy dispute or disagreement between you and ACBL which is in any way related to these Terms, regardless of the facts or the legal theories which may be involved, shall be resolved by binding arbitration before the American Arbitration ("AAA") by a single arbitrator in accordance with the Commercial Rules of the AAA in effect at the time the arbitration proceeding is initiated; provided, however, that the terms of this paragraph shall not preclude any party hereto from seeking, or a court of competent jurisdiction from granting, a preliminary injunction or a temporary restraining order. Any court action seeking a preliminary injunction or a temporary restraining order shall be filed in a court of competent jurisdiction in the State of Mississippi; however, claims for damages and other relief shall be resolved by arbitration in accordance with this paragraph. The parties shall endeavor to mutually agree on the appointment of an arbitrator, but if such agreement cannot be reached within thirty (30) days following the date the demand for arbitration has been made, AAA's arbitrator appointment procedures shall be utilized. Arbitration hearings shall be held at AAA's offices in Atlanta, Georgia, or at such other location at which the parties may agree in writing. Civil discovery may be taken in such arbitration as provided in the Mississippi Rules of Civil Procedure, and the arbitrator selected shall have the power to control the timing, scope and manner of taking of discovery and shall have the same powers to enforce the party's respective duties concerning discovery as would a Mississippi court overseeing a similar matter, including, but not limited to, the impositions of sanctions. The arbitrator shall have the power to grant all remedies provided by Mississippi law, except that punitive or treble damages shall not be awarded. The arbitrator shall prepare in writing an award which includes the legal and factual reasons for the decision. The parties shall equally divide the costs of the arbitration, but the arbitrator may assess all such costs to the non-prevailing party in the arbitration award. THE PARTIES HERETO EXPRESSLY AGREE TO WAIVE THEIR CONSTITUTIONAL RIGHT TO HAVE DISPUTES BETWEEN THEM RESOLVED IN COURT AND ARE INSTEAD ACCEPTING THE USE OF ARBITRATION. Third Party Sites and Content This Service contains links to and media or other content from Internet sites that other third parties own or operate. Your use of each of those sites and services is subject to third party terms and conditions. We have no control over third party sites and are not responsible for any changes to or content on them. Our inclusion of any content on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites. General These Terms of Service constitutes the entire agreement between you and ACBL with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service will continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents will be limited to the greatest extent permitted by law. For any questions, comments or complaints, please contact us at copyright@acbl.org.
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Terms of Service | Privacy Policy