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TERMS OF USE AND PRIVACY STATEMENT 1.) Disclaimer Your access to and use of the Web Site and services provided by San Diego Bowl Game Association and its affiliates (the "Company" or "SDBGA"), and any third party licensors, including any purchases of products and/or services sold via the Web Site, is exclusively governed by these Terms of Use. BY ACCESSING OR USING OUR WEB SITE, YOU ACCEPT AND AGREED TO BE BOUND BY THESE TERMS OF USE AS THE COMPANY MAY MODIFY THEM FROM TIME TO TIME. The data contained in our Web Site is for entertainment, educational and informational purposes only and is not represented to be error free. The Company attempts to ensure that the data provided or otherwise displayed on our Web Site is accurate. However, the Web Site and its contents are provided on an "as is, as available" basis. Use of the Web Site and its contents is at the user's sole risk. The Company does not warrant that any functions of the Web Site will be uninterrupted or error-free, that defects will be corrected, or that the Web Site will be free from viruses or other harmful components. Any links to information not associated with the Company are provided as a courtesy and do not constitute an endorsement by the Company or its licensors as to any linked materials. If any provision of these Terms of Use or any application thereof is held to be invalid or unenforceable, that provision shall be deemed severable and the remainder of the Terms of Use shall not be affected. 2.) Modifications The Company may at any time make modifications, changes and alterations to the data of our Web Site, including the Terms of Use, without prior notice. You are responsible for regularly reviewing these Terms of Use. Your continued use of our Web Site following any modifications, changes or alterations shall constitute your acceptance of such modifications, changes or alterations. 3.) Intellectual Property Statement All content of our Web Site is the copyrighted material of the Company or the appropriate contributor, and is protected by United States and international copyright, trademark and other applicable laws. The Web Site includes content, appearances and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of the Company or other third parties. Except as set forth in the relevant license agreements, nothing contained in our Web Site grants any license or other right to any the Company's intellectual property or any third party's intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the Web Site. You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright or any other notice contained in the content), modify, distribute, alter, display, reproduce, transfer or republish any of the data of our Web Site without obtaining the written permission of the Company.
4.) Applicable Law
This Web Site are created and controlled by the Company in the State of California. As such, the laws of the State of California will govern these Terms of Use without giving effect to any principles of conflicts of laws. The parties agree that a condition of using this Web Site is that any and all claims arising out of use of this Web Site will be tried in the State of California and California law will apply. The California courts in San Diego County shall have exclusive jurisdiction and venue, and you consent and submit to the personal jurisdiction of such court over any claim, suit, or proceeding arising out of these Terms of Use. 5.) Communication In accessing this Web Site you agree to receive a series of ongoing communications regarding the Web Site, its products and services, and SDGBA. Upon receipt of this communication you will have the option to opt-out or unsubscribe 6.) User Content With regard to user-generated exchanges of information, such as the Fan Forum, and inclusion of content, any information and any content that you upload, exchange, share, store, send or otherwise make available through the Web Site ("User Content") is your responsibility and the Company assumes no liability or responsibility for such user generated information and content. This includes, but is not limited to, chat, blogs, email, email addresses and other personally identifying information, sms, text, photos, video, audio and any other User Content that you may provide or make available and accessible to other users of the Web Site. As the user of the Web Site, you are hereby acknowledging that the community oriented functionality of the Web Site is inherently intended to provide users with the opportunity to share and provide information that you voluntarily provide and desire to make public and allow any other user of the Web Site access to that information. You further acknowledge that certain community features may allow users to contact and otherwise communicate with you directly. The Company does not make any representations or guarantees of confidentiality or privacy and accepts no responsibility for User Content and other information provided by users of the Web Site, including those who participate in user-generated exchanges of information. The Company is not responsible for monitoring or policing this exchange of information and it is your responsibility to understand the nature of such communication mediums and use your own judgment and consideration as to what information you provide, exchange and otherwise make available. You are using the Web Site with the express knowledge that you are sharing information with known and unknown people and you assume all risks, consequences, liability and responsibility inherent with that exchange of information. In addition, the Company does not control the User Content posted via the Web Site and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Web Site, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Web Site. The Company expressly states and you hereby acknowledge and understand that the Company is not accepting any responsibility for monitoring or policing the exchange of User Content and other information included or otherwise made available through the Web Site and that the Company does not accept any liability or responsibility express or implied involved with or resulting from the use of the Web Site. However, as the provider of the Web Site, the Company reserves the right to monitor, view, store, forward and use any and all information and content provided by you through the use of the service. Furthermore, the Company may use any and all User Content and other information made available or otherwise provided by you through the use of the Web Site in various ways, including but not limited to, understand user behavior and patterns, for internal discussion, make decisions about advertising placement and sponsors, improving the quality, functionality and user experience of the Web Site and any related materials. The Company has the right to unilaterally, and at its sole discretion, remove any User Content. Furthermore, you acknowledge and agree to comply with and strictly adhere to the member conduct detailed in the User Conduct section of this Terms of Use. You are solely responsible for User Content that you provide on the Web Site. With respect to User Content, you hereby represent and warrant that (a) you own the User Content or have all necessary licenses or permissions necessary to provide the User Content and authorize the Company to use all copyright, patent or other proprietary rights in and to any User Content in manner required pursuant to the Web Site; and (b) you have the written consent, license or permission of each identifiable person to include any name or likeness of such person in the User Content. The Company does not claim ownership of User Content you submit or make available for inclusion on the Web Site. However, with respect to User Content you submit or make available for inclusion on publicly accessible areas of the Web Site, you grant the Company (and other users of the Web Site) the following world-wide, perpetual, irrevocable, sub-licensable, assignable, royalty-free and non-exclusive license(s), as applicable: (a) with respect to User Content you submit or make available for inclusion on publicly accessible areas, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Web Site solely for the purposes of providing and promoting the publicly accessible areas to which such User Content was submitted or made available; and (b) with respect to User Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Web Site, the license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed. 7.) DMCA Notices If you are a holder (or agent thereof) of copyright or other proprietary rights and you believe that any User Content infringes upon such proprietary rights, you may submit a notice to the Company pursuant to the Digital Millennium Copyright Act by submitting the following information in writing to our copyright agent: (i) the signature (physical or electronic) of the holder (or agent thereof) of a proprietary right that is allegedly infringed; (ii) identification of the work or multiple works alleged to have been infringed; (iii) identification of the material that allegedly infringes or is the subject of infringing activity that is requested to be removed or otherwise modified with information reasonably sufficient to permit the Company to locate the material; (iv) contact information for the Company to contact you, including an address, telephone number and/or e-mail address; (v) your statement that you have a good faith belief that use of the material in question is not authorized by the holder of the proprietary rights, its agent or otherwise under law; and (vi) your statement that the information in the notice to the Company is accurate and, under penalty of perjury, that you are authorized to act on behalf of the allegedly infringed work. You acknowledge that your failure to comply fully with these requirements may result in an invalid notice under the Digital Millennium Copyright Act. For inquiries regarding this Web Site, including DMCA notices, Copyright Infringement and Legal matters, follow the link titled Contact Us to find what most closely matches the nature of your inquiry and your inquiry will be routed to the appropriate department for response. 8.) User Conduct The Company may at any time make modifications, changes, and alterations to the data of our Web Site, including the removal or addition of information to the Web Site. Such modifications may include messages boards, email services, chat rooms (Fan Forum), and other services. You agree to not use the Web Site to: a. submit material that is protected by copyright, patent or any other proprietary rights unless you are the owner of such material or have a license or permission from the owner of any such proprietary rights to provide the material; b. upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; c. harm minors in any way; d. impersonate any person or entity, including, but not limited to, a the Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Web Site; f. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); g. upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; h. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; i. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; j. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Web Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; k. interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site; l. intentionally or unintentionally violate any applicable local, state, national or international law; m. "stalk" or otherwise harass another; or n. collect or store personal data about other users. You acknowledge that the Company does not pre-screen User Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any User Content that is available via the Web Site. Without limiting the foregoing, the Company and its designees shall have the right to remove any User Content that violates the Terms of Use or is otherwise objectionable, in the Company’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by the Company or submitted to the Company, including without limitation information in message boards, clubs, and in all other parts of the Web Site. You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public. You understand that the technical processing and transmission of the Web Site, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 9.) Disclaimer of Warranties YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE COMPANY AND ITS AFFILIATES, THIRD PARTY LICENSORS AND SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE WEB SITE OR ON ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SERVERS OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF YOUR USE OF THE WEB SITE, (V) ANY BUGS, VIRUSES, OR TROJAN HORSES, OR RELATED PROBLEMS THAT MAY BE ACQUIRED OR TRANSMITTED IN CONNECTION WITH THE WEB SITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, PROVIDED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. THE COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON THE WEB SITE, ANY LINKED WEBSITE, OR BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS. 10.) Limitation of Liability IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH (I) ANY PARTY’S USE OF THE WEB SITE OR A LINKED SITE, (II) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF DATA, (III) ANY LOSS OF USE RELATED TO OUR WEB SITE OR A LINKED SITE, (IV), ANY WEB SITE OPERATED BY ANY THIRD PARTY, (V) OR ANY CONTENT OF THIS WEB SITE OR ANY LINKED SITE, EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND THE COMPANY’S AFFILIATES, LICENSORS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO ANY BREACH BY YOU OF ANY OF THESE TERMS OF USE OR APPLICABLE LAW, INCLUDING THOSE REGARDING INTELLECTUAL PROPERTY. 11.) Guidelines for Children It is our policy to comply with the Children's Online Privacy Protection Act of 1998 (COPPA) and all other applicable laws. By accessing the Web Site, you affirm that you are more than 18 years old, are an emancipated minor, or have the consent of your parents or legal guardian and, therefore, are fully capable and competent to abide by and enter into the agreements and obligations set forth in these Terms of Use. Otherwise, you further affirm that you are at least 13 years old as the Web Site are not intended for children under 13 years old. If you do not comply with this age restriction, please do not use the Web Site.
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