By accessing this site, you are subject to the terms and conditions of this Agreement (the “Agreement”), and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, AND EXPRESSLY AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE SITE.
2. Proprietary Rights
The contents of the Website, along with any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of Big Time Tournament Inc. (the “Company”) and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Site. Use of the content or materials on the Site for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction, relating to the Site, or any contents or materials related thereto.
3. Copyrights, Trademarks and Service Marks of Third Parties
The Site and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Content") are or may be protected under United States and worldwide copyrights or other Intellectual Property Rights which are owned or licensed, in whole or in part, by the Company. Content may not be manipulated, edited, reproduced, performed, republished, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from the Site without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Site or any portion thereof, or use of any of the Content for any other purpose constitutes an infringement of our Intellectual Property Rights, or of the Intellectual Property Rights of the respective owners of such Content. Any use of any portion of this Site on any other web site or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
4. No Warranties
The Site contains information, facts and opinions from various individuals and organizations, as well as links to other sites. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
Limitation of Liability
Your use of the Site is at your own risk. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF AND/OR RELIANCE ON THE SITE, OR ITS ASSOCIATED PRODUCTS AND SERVICES. YOU EXPRESSLY AGREE THAT SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY, AND ALL ITS SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE AND THE INFORMATION AVAILABLE THEREON.
By using the Site, you agree to indemnify and defend the Company and its parents, subsidiaries, affiliates, directors, officers, consultants, and employees and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your misuse of this Site.
Third-Party Website Links
The Site may be a venue for content supplied by third parties to the Site. Accordingly, the Company has no specific prior review process or editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, members or other user of the Site, are those of the respective parties and not necessarily those of the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.
Any communication or material you transmit or post to the Site by e-mail or otherwise, including any data, questions, comments, or suggestions, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by the Company and its affiliates for any purpose, including without limitation, reproduction, disclosure, transmission, publication, broadcast, and posting. The Company is free to use any ideas, concepts, know-how, or techniques contained in any communication or material that you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
There may be links established between the Site and other sites on the World Wide Web or Internet which are not under the control of, or maintained by, the Company. Such links do not necessarily constitute an endorsement by the Company of those sites. The Company undertakes no obligation to monitor such sites, and you agree that the Company is not responsible for the content of such sites, or any technical or other problems associated with any such third-party site, links or usage. The Company disclaims any warranties for other services or goods received through or advertised on the Site or received through any links provided in the Site.
You understand and agree that any material downloaded or otherwise obtained through the use of the products and services is done at your own discretion and risk, and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download of such material.
This Disclaimer and any disputes arising out of or related to the Service and the Site shall be governed by, and construed and enforced in accordance with, the laws of the State of California.
12. Sole Remedy
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SITE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
13. Types of Information That May Be Collected
Information You Provide To Us
Personal information you provide us, such as a user ID and password, name, email address, telephone number, physical address, birth date, gender, zip code or other information may be collected via the Site.
Site Usage Information
We may receive and store certain types of information whenever you visit the Site. For example, we may collect click-stream data and your IP address.
When you open emails from the Site, we may receive a confirmation noting you opened the email, if your computer supports such capabilities. We also may keep track of which emails we send you. Additionally, we may keep a record of what types of emails you have opted to and not to receive.
Information from Other Sources
We may add information from other sources to your personal information.
14. How Information May Be Collected
We may collect information from you in different areas on the Site, including but not limited to those described below:
You may be asked to complete a registration form and provide personally identifiable information, including a user ID and password, to access certain features on the Site, including, but not limited to, Newsletters, Contests, Forums, or other subscription-based or free services.
Newsletters and Site Emails
We may offer free newsletters to share information with you about the Site, school, our partners, affiliates and subsidiaries, or our advertisers and sponsors. You may receive a newsletter either by registering for a specific newsletter or in conjunction with a special feature or membership for which you have registered on the Site. You may cancel your free email subscription by following the instructions provided on the Site or, in some instances, in the designated area of certain newsletters or emails.
IP Addresses and Click-stream Data
We may collect IP addresses and/or click-stream data for purposes of system administration and to report aggregate information to our advertisers and sponsors. An IP address is a number automatically assigned to your computer whenever you access the Internet. Our computers identify your computer by its IP address. When you request Web pages from the Site, our computers log your IP address. Click-stream data is information collected by our computers when you request Web pages from the Site. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such non-personal information. This data helps us understand how visitors arrive at the Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like.
15. How We Use the Collected Information
Personally identifiable information will not be sold or otherwise transferred on an individual basis to unaffiliated third parties without the approval of the user at the time of collection. As a user, you will have the opportunity to indicate whether you would like to "opt out" of receiving promotional and/or marketing information about other products, services and offerings from the Company and/or any third parties.
16. With Whom the Information May Be Shared
Legal Process: In the event we are required to respond to subpoenas, court orders or other legal process your personally identifiable information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.
Links to Other Web Sites
A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
The Site is a general audience site. We do not currently collect any personal information from children under the age of thirteen. If in the future, the Site knowingly collects personally identifiable information from children, we will do so in compliance with the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) including, without limitation, obtaining necessary parental consents.
The Internet offers many entertaining and educational opportunities for children. Parental guidance and supervision is necessary to ensure a safe and rewarding online experience. A number of interactive features on the Site require registration to participate or will require registration in the future to participate (e.g. site registration/customization). In many cases, users may be required to enter their first and last name, age, zip code and e-mail address. In some cases, users will be required to select a special user name to be used as an identifier for the feature and must also enter a password and a secret hint that will help us verify their identity if they forget their password. If the Site determines that a person is under the age of thirteen, based on the information provided during the registration process, that person will not be permitted to register for features requiring the submission of personal information, in accordance with the Children's Online Privacy Protection Act of 1998(15 U.S.C. 6501 et seq.). Children who indicate that they are under thirteen years old will not be able to make credit card purchases or participate in interactive features on the Site that involve the collection and retention of personal information and they will not be contacted about special offers or promotions.
The Site works with (and may provide links to) third party sites. Such third parties may permit children under the age of thirteen to register for these features on their sites in accordance with their respective privacy policies. For more information, please review the privacy policies of each respective third party site.
NOTIFICATION OF CHANGES AND YOUR
ACCEPTANCE OF THE POLICY