1. ACCESSING THE WEBSITE
You are responsible for making all arrangements necessary for you to have access to the Website.
We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you.
We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
2. INTELLECTUAL PROPERTY RIGHTS
(a) The Website and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design,
selection and arrangement thereof) are owned by the Sayers Club, LLC (hereinafter “Company”), and its licensors or other providers of such material, and are protected by United States and international copyright,
trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Website for your non-commercial use only.
No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by the Company.
(b) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:
(i) You may store files that are automatically cached by your Web browser for display enhancement purposes;
(ii) if we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device provided you agree to be bound by an applicable end user license agreement for such applications;
(iii) if we provide social media features at any time, you may take such actions as are enabled by such features, as long as such actions meet the terms and conditions of this Policy.
(c) You may not:
(i) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
(ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; or
(iii) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
(d) The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors.
You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
3. YOUR OBLIGATIONS AND REPRESENTATIONS
(a) You may use the Website only for lawful purposes and in accordance with this Policy.
(b) You promise that:
(i) you are of legal age to form a binding contract with the Company;
(ii) you will not use the Website in any way that violates any applicable local or international law or regulation;
(iii) you will not impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity;
(iv) you will not do anything that could disable, overburden, damage, or impair the Website or interfere with any person’s use of the Website;
(v) you will not use any robot, spider or other automatic device, process or means to access the Website for any unlawful purpose or in violation of this Policy;
(vi) you will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; and
(vii) you will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of the Company.
4. USER CONTRIBUTIONS
(a) We may from time-to-time provide interactive services, such as message boards, chat rooms, forums, ‘share’, and other interactive features (collectively, “Interactive Services” )
that allow users to post, submit, publish, display or transmit to other persons (hereinafter, “post” ) content or materials (collectively, “User Contributions” ) on or through the Website.
All User Contributions must comply with the Content Standards set out in this Policy.
(b) Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law.
By providing a User Contribution, you grant the Company and its successors the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
You promise that you own or control all rights in and to the User Contributions and have the right to grant such license to us.
You agree that you will have no claim or other recourse against the Company for infringement of any proprietary right with respect to your User Contributions.
You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.
(c) If you provide a User Contribution to be published or displayed on public areas of the Website, or transmitted to other users of the Website or any third parties,
you accept that your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website or any third parties with whom you may choose to share your User Contributions.
Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. (d) User Contributions must be accurate and comply with all applicable laws in the country from which they are posted.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
5. CONTENT STANDARDS
These content standards apply to all User Contributions and use of Interactive Services, if offered.
User Contributions must in their entirety comply with all applicable local and international laws and regulations.
Without limiting the foregoing, User Contributions must not: Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age Infringe any patent, trademark, trade secret,
copyright or other intellectual property or other rights of any third-party Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability
under applicable laws Promote any illegal activity, or advocate, promote or assist any unlawful act Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person Impersonate any person,
or misrepresent your identity or affiliation with any person or organization Involve commercial activities or sales Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity.
6. MONITORING AND ENFORCEMENT; TERMINATION
We have the right, but not the obligation, to review, screen or edit any User Contribution.
ou accept that such contributions do not reflect the views of Company and are not endorsed by the Company.
We have the right to:
(a) remove or refuse to post any User Contributions for any reason;
(b) take any action with respect to User Contributions that we deem necessary or appropriate;
(c) disclose your identity or other information about you to any third-party who in our opinion reasonably claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy;
(d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website;
(e) terminate or suspend your access to all or part of the Website.
Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.
Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7. COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously.
We will respond to notices of alleged copyright infringement where appropriate.
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below).
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ( “DMCA” ), the written notice (the “DMCA Notice” ) must include substantially the following:
(a)Your physical or electronic signature.
(b)Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
(c)Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material.
(d)Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
(e)A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
(f)A statement that the information in the written notice is accurate.
(g)A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is: