By using the BallCharts.com web site (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
BallCharts.com reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.ballcharts.com/websites/terms.php.
2. Description of Service
BallCharts.com (the "Service") is a service from BallCharts.com (the “Company”) that enables sports organizations to communicate in a variety of ways with their members and other interested parties. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. The Company disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. The Company also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
3. Conditions of Use
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must access the Service using applications provided by BallCharts.com or using a standard web browser. Using automated tools to access, upload or download content is not permitted.
You must be 13 years of age or older to create an account or web site on BallCharts.com. Fraudulent accounts will be terminated.
The BallCharts.com (or affiliate) logo must remain on the website at all times. Any modification to the code to hide the logo will be considered a breach of the conditions of use.
4. Member Conduct
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Services. You grant BallCharts.com a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure.
BallCharts.com does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. BallCharts.com reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. BallCharts.com also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Member Content in BallCharts.com's sole discretion.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
- Except as otherwise permitted by BallCharts.com in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
BallCharts.com claims no intellectual property rights over the material (“Content”) you provide to the Service. Your Account and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow anyone to view and share your Content. All content posted on the Service must comply with U.S. or Canadian copyright law.
5. Ownership Disputes
BallCharts.com reserves the right, at its sole discretion, to, at any time, determine the rightful owner of Member Web Sites. In most cases, ownership will revert to the organization for which the Member Web Site was created regardless of the individual responsible for creating, maintaining or purchasing the upgrades or related services.
6. Termination/Cancellation of Member Account or Web Site
Either BallCharts.com or the Member may terminate or cancel the Member's Account or Web Site at any time without notice . You understand and agree that the cancellation of Member's account is Member's sole right and remedy with respect to any dispute with BallCharts.com.
In no event shall we be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
You agree that BallCharts.com’s aggregate liability for any actual and direct damages hereunder shall not exceed the amounts paid by you to BallCharts.com under this agreement. You acknowledge that this is a reasonable allocation of risk for your use of the site. Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.
8. Revisions and Errata
The materials appearing on BallCharts.com's web site could include technical, typographical, or photographic errors. BallCharts.com does not warrant that any of the materials on its web site or any Member Web Site are accurate, complete, or current. BallCharts.com may make changes to the materials contained on its web site at any time without notice.
BallCharts.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BallCharts.com of the site. Use of any such linked web site is at the user's own risk.
11. Governing Law
This Terms of Service and any transactions on this Service shall be governed by and construed in accordance with the laws of the province of British Columbia applicable to agreements made and entirely to be performed within the province of British Columbia, without resort to its conflict of law provisions.
You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in provincial or federal court located in Richmond, British Columbia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Terms of Service.