Last updated: August 13, 2010
Recent updates to this Agreement
1. ACCEPTANCE OF TERMS
3. DESCRIPTION OF SERVICE
Chiefs Coalition provides services and content relating to the world of sports, as described more fully on the Site (the "Service"). The Service shall include, but not be limited to, any service and content Chiefs Coalition performs for you, as well as the offering of any materials displayed or performed on or through the Service, including but not limited to text, user comments, messages, information, data, graphics, news articles, editorials, photographs, images, illustrations, software, audio clips and video clips (collectively "Content"). Chiefs Coalition may alter, suspend or discontinue the Service, including any Content, for any reason, at any time, including the availability of any feature or content. Chiefs Coalition may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
You can browse Chiefs Coalition and enjoy the Content without registering. In order to post any Content or access certain features of the Service, you must register with Chiefs Coalition (which may include connecting to Chiefs Coalition through a third-party service) and select a password and screen name ("Chiefs Coalition User ID"). You may not select or use as a Chiefs Coalition User ID a name that is offensive, vulgar or obscene. Chiefs Coalition reserves the right to refuse registration of, or cancel a Chiefs Coalition User ID in its sole discretion. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your Chiefs Coalition password.
You are solely responsible for the activity that occurs on your account. You must notify Chiefs Coalition immediately of any breach of security or unauthorized use of your account. Although Chiefs Coalition will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Chiefs Coalition or others due to such unauthorized use.
By providing Chiefs Coalition your email address (including by connecting to Chiefs Coalition through a third-party service) you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers. You may opt out or change the frequency of certain email communications from Chiefs Coalition by sending an email message to support@ChiefsCoalition.com, with the word "No email" in the subject field.
Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of certain Service-related notices.
The Service is provided for your personal, noncommercial use only. You may not use the Service for commercial purposes.
6. USER CONDUCT
By way of example, and not as a limitation, you agree not to use the Service:
1. to abuse, harass, threaten, impersonate, or intimidate other Chiefs Coalition users;
2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, or offensive; that you know to be false, misleading, or untrue; or that otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your use of the Service;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Chiefs Coalition user;
5. to create or submit unwanted email ("Spam") to any other Chiefs Coalition users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interefere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service;
9. with the intention of artificially inflating or altering the 'writer rankings', or participating in any other organized effort that in any way artificially alters the results of Chiefs Coalition's services.
Chiefs Coalition may remove any Content or deactivate any Chiefs Coalition account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
7. USER CONTENT
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Service (your “User Content”), you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity or privacy. Chiefs Coalition reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
Chiefs Coalition takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Chiefs Coalition is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Chiefs Coalition shall not be liable for any damages you allege to incur as a result of such User Content.
We may provide various opportunities and programs relating to User Content on the Service (“User Content Programs”). Some User Content Programs may require you to submit an application to participate, which Chiefs Coalition may approve or deny in its sole discretion. Your use of the Service, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and Chiefs Coalition. While Chiefs Coalition may reward you for your participation in a User Content Program, you will not receive any compensation of any type for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program. You acknowledge and agree that Chiefs Coalition does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions Chiefs Coalition may make about your User Content are only suggestions, based on our understanding of how users typically access Content and use the Service. You are not required to implement any suggestion made by Chiefs Coalition regarding your User Content or to perform any requested activity or task, and you do so at your own volition and risk. You agree that you are the sole author of your User Content, and that Chiefs Coalition does not participate in the creation of any of your User Content.
You are solely responsible for your interactions with other Chiefs Coalition Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
8. LICENSE GRANT
By posting any User Content, you expressly grant, and you represent and warrant that you have a right to grant, to Chiefs Coalition a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, transmit, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
9. OUR PROPRIETARY RIGHTS
12. WARRANTY DISCLAIMERS
You acknowledge that Chiefs Coalition has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Chiefs Coalition from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Chiefs Coalition makes no representations concerning any content contained in or accessed through the Service, and Chiefs Coalition will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Chiefs Coalition, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
Chiefs Coalition DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Chiefs Coalition SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Chiefs Coalition WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL Chiefs Coalition, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF Chiefs Coalition HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL Chiefs Coalition BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. Chiefs Coalition makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you wish to terminate your Chiefs Coalition account, you may discontinue using the Service by sending an email message to support@ChiefsCoalition.com with the words "Terminate account" in the subject field, by following the instructions (if any) on the Site.
Chiefs Coalition may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by Chiefs Coalition in our sole discretion. Chiefs Coalition reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in this Agreement. Chiefs Coalition is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@ChiefsCoalition.com to your email address book to help ensure you receive email notifications from us.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Chiefs Coalition requires that users of the Site respect the copyright and other intellectual property rights of all third parties. In accordance with the Digital Millennium Copyright Act (DMCA), Chiefs Coalition will terminate, where warranted as determined in Chiefs Coalition’s sole discretion, users whom Chiefs Coalition believes are intentional and/or repeat infringers.
If you believe that your copyright in any material has been infringed on the Site, please send a "DMCA Notice" described below to Chiefs Coalition’s DMCA Agent. To be effective, federal law requires your DMCA Notice to include the following information:
-Identification of the copyrighted work that you claim has been infringed.
-Identification of the material that you claim is infringing, with sufficient detail so that Chiefs Coalition may readily locate it.
-Information sufficient to permit Chiefs Coalition to contact you such as your name, address, telephone number, and e-mail address.
-A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
-A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner.
-The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.
The DMCA Notice must be submitted to the following DMCA Agent:
May 5, 2009: In Section 6.2, we added “that you know to be false, misleading, or untrue” to the User Conduct conditions.
May 6, 2008: In Section 7, we deleted “in connection with the Service” from the User Content license grant to permit Chiefs Coalition to distribute User Content via its content partners.
August 3, 2010: We made substantive revisions on the following points:
- Section 7: Clarified that you are the sole author of your User Content regardless of your participation in any User Content Program or any suggestions made by Chiefs Coalition, and provided information about User Content Programs we may offer on the Service.
- Section 16: Added language explaining the ways that Chiefs Coalition may provide notifications to you, and added a non-appearance based arbitration option for resolving disputes.