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Welcome to MaumelleSports.com, Inc.. This Web site is owned and operated by
MaumelleSports.com, Inc.. The following terms and conditions apply to your use of our
Web site. Please read them carefully before you enter our Web site. You must be
at least 18 years of age to use the Web site. By using our Web site, you
certify that you are at least 18 years of age and that you agree to be bound by
these terms and conditions of use. If you do not agree to be bound by these
terms of use or if you are not at least 18 years of age, please immediately
exit the site. We reserve the right, at our discretion, to change, modify, add,
or remove portions of these terms at any time. Please check these terms
periodically for changes. Your continued use of the Web site following the
posting of changes to these terms (including MaumelleSports.com, Inc.'s Privacy
Policy) will mean you accept those changes.
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1. Accounts
Your MaumelleSports.com, Inc. account is available for your
non-commercial, personal use. Your account can be utilized to view and purchase photographs
captured by us. MaumelleSports.com, Inc. reserves the right to cancel or discontinue accounts
which have been inactive for more than 90 days. We may do so at our discretion
after sending an email warning to the address you used when you set up your
account. If you do not respond to the email within 10 days, your account may be
removed.
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2. Photographs and Products
You
can purchase the photographs featured on our Web site from MaumelleSports.com, Inc. in the form
of photographic prints. You acknowledge that all Products are custom made to
your order and have no market beyond your purchase thereof. As such, all Products
are non-returnable and payment for all Products is required to be made in full in
advance. All items purchased through MaumelleSports.com, Inc. and shipped to you are subject to a shipment contract under
which the risk of loss and title for such items
pass to you upon our delivery to our shipping carrier. You may
not reproduce, display, transmit, distribute or otherwise exploit the Products,
or any portion thereof, in any manner, including, without limitation, print or
electronic reproduction, publication or any display of photographs, without the prior written
consent of MaumelleSports.com, Inc.. While you can add captions and descriptions to the photographs
in your account in accordance with the terms hereof, you agree
not to otherwise modify, alter or otherwise manipulate any Product, including
without limitation, adding other material to a Product, without MaumelleSports.com, Inc.'s prior
written consent. While MaumelleSports.com, Inc. uses reasonable efforts to ensure compliance with applicable laws
relating to rights of privacy or publicity, including the use of subject
releases when necessary, it makes no representations or warranties as to the
accuracy, correctness or reliability of the photographs, nor can MaumelleSports.com, Inc. ensure that all persons
depicted in the photographs have consented to the display of their image on this
Web site. If your photograph appears on this Web site without your consent and
you wish to have it removed, please copy the thumbnail image and e-mail it to
remove@MaumelleSports.com, Inc. with a description of why you would like it removed.
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3. Forums and Public Communication
From time
to time the site may include bulletin boards, chat rooms, or other forums
("Forums") and the information and opinions expressed in the Forums are not those
of MaumelleSports.com, Inc. or the photographers. You are solely responsible for all content you post
on or submit to the Forums. You are aware and acknowledge that MaumelleSports.com, Inc. has
no obligation to monitor the Forums and you are not relying upon MaumelleSports.com, Inc.
to monitor the Forums. Furthermore, neither MaumelleSports.com, Inc. nor the photographers
are responsible or liable to any person or entity whatsoever (including, without
limitation, persons who may use or rely on such data or materials or to whom
such data or materials may be furnished) for any loss, damage (whether actual,
consequential, punitive or otherwise), injury, claim, liability or other cause
of any kind or character whatsoever based upon or resulting from any information
or opinions provided in or through MaumelleSports.com, Inc.. The Forums shall be used only
in a noncommercial manner. You shall not, without our express approval,
distribute or otherwise publish any material containing any solicitation of
funds, promotion, advertising, or solicitation for goods or services. You
specifically acknowledge that soliciting other MaumelleSports.com, Inc. users to join or
become members of any commercial online service or other organization is
expressly prohibited. By posting content to any Forum or submitting any content
for addition to the photographs or any other content exhibited on the site, you
grant (or warrant that the owner of such rights has expressly granted) to
MaumelleSports.com, Inc. a perpetual, royalty-free, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, translate, create derivative
works from, and distribute such content or incorporate such content into any
form, medium, or technology now known or later developed throughout the
universe.
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4. Disclaimers
THIS WEB
SITE AND ITS CONTENT (INCLUDING WITHOUT LIMITATION THE PHOTOGRAPHS) ARE PROVIDED
"AS IS" AND MaumelleSports.com, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, ABOUT THE IMAGES OR WEB SITE INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. MaumelleSports.com, Inc.
DOES NOT WARRANT THAT ACCESS TO THE WEB SITE OR ITS CONTENTS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. MaumelleSports.com, Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF ANY CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE
OF THIS WEB SITE IS AT YOUR OWN RISK. YOU (AND NOT MaumelleSports.com, Inc.) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM
COMPUTER MALFUNCTION, VIRUSES OR THE LIKE. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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5. Limitation of Liability
Neither MaumelleSports.com, Inc., nor its licensors or representatives,
shall be responsible or liable for any damages of any kind including, without
limitation, lost business or profits, direct, indirect, incidental,
consequential, compensatory, exemplary, special or punitive damages that may
result from your access to or use of either this Web site or the photographs or
Products. |
6. Indemnification
In the event that you reproduce,
display, transmit, distribute or otherwise exploit the photographs or Products,
or any portion thereof, in any manner not authorized by MaumelleSports.com, Inc., or if you
otherwise infringe any intellectual property rights or any other rights relating
to the photographers, photographs, Products or this Web site, you agree to
indemnify and hold MaumelleSports.com, Inc., its subsidiaries, affiliates, licensors and
representatives, harmless against any losses, expenses, costs or damages,
including reasonable attorneys' fees, incurred by them as a result of
unauthorized use of the photographs or Products and/or your breach or alleged
breach of these terms of this Agreement. |
7. Ownership of Our Web site
All of the content on our Web site, including without limitation, the
graphics, design, and look and feel are owned by MaumelleSports.com, Inc. and are protected
by United States and international copyright, trademark, patent, trade secrets
and other intellectual property rights protection. The MaumelleSports.com, Inc. logos are
trademarks owned by MaumelleSports.com, Inc. and may not be used or reproduced without our
written permission. In addition, you may not reverse engineer, de-compile, or
otherwise disassemble software included on this Web site.
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8. Third-Party Software
MaumelleSports.com, Inc. may make
software from third-party companies available to you. To download such software,
you may be required to agree to the respective software licenses and/or
warranties of such third-party software. Each software product is subject to the
individual company's terms and conditions, and the agreement will be between you
and the respective company. This means that MaumelleSports.com, Inc. does not guarantee
that any software you download will be free of any contaminating or destructive
code, such as viruses, worms or Trojan horses. MaumelleSports.com, Inc. does not offer any
warranty on any third-party software you download using the Web site. Moreover,
you are responsible for compliance with all local laws, and you are required to
comply with U. S. export laws and regulations when you use or export any
software or materials provided through the Web site. |
9. Third-Party Links
MaumelleSports.com, Inc. may provide
links to third-party sites that might be of interest to you. MaumelleSports.com, Inc. has
no control over the content or availability of the contents of these sites. It
is your responsibility to become familiar with each site's privacy and other
policies and terms of service, and to contact that site's webmaster or site
administrator with any concerns. |
10. International Use
MaumelleSports.com, Inc. makes no
representation that materials on this site are appropriate or available for use
in locations outside the United States, and accessing them from territories
where their contents are illegal is prohibited. Those who choose to access this
site from other locations do so on their own initiative and are responsible for
compliance with local laws. |
11. Other Terms
These terms shall be governed by and construed in accordance with the laws of
the State of Arkansas, without giving effect to any principles of conflicts of
law. You agree that any action at law or in equity arising out of or relating
to these terms shall be filed only in the state or federal courts located
in Pulaski County and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. If
any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining
provisions. You acknowledge and agree that except as specified herein, no
representations, warranties or promises of any kind have been made to you by
MaumelleSports.com, Inc. regarding the use of the Web site or the use or purchase of
the photographs or the Products.
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© 2008 MaumelleSports.com, Inc., All rights reserved.
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