TERMS AND CONDITIONS
Effective Date: April 1, 2014
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. YOUR USE OF ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS.
Metro Mavericks Corporation (“Metro Mavericks”) is a not-for-profit organization designed to enrich the lives of children through sports, education, leadership, and camaraderie.
These Terms and Conditions (these “Terms and Conditions”) constitute a binding agreement between you (as an individual user of the site, “User,” and together with all end users of the Site, “Users”) and Metro Mavericks governing your use of the website [http://www.metromavericks.org] (the “Site”), and all content on the Site such as text, captions, articles, information, images, photos, and other information, services and materials (collectively, “Content”) made available to Users by Metro Mavericks and/or third parties.
If User does not accept and agree to these Terms and Conditions, do not use the Site. Please note that these Terms and Conditions only apply to the Site. If User has further questions about the Terms and Conditions, please contact Metro Mavericks at firstname.lastname@example.org.
1. Ownership of Content
All rights, including without limitation intellectual property rights (including without limitation copyrights, trademarks, trade secrets and patents), in the Content are the property of Metro Mavericks or their respective holders unless indicated otherwise. Metro Mavericks retains all rights in the individual pages and their components, and collective works available on the Site. The Content is protected by state, federal, international and worldwide intellectual property laws and treaty provisions, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, except as stated below or as otherwise agreed by Metro Mavericks in writing. Metro Mavericks, the Site, and the logos associated with these properties are trademarks and the property of Metro Mavericks. All other names and trademarks on the Site are the property of their respective holders. User shall not modify, license, publish, participate in the licensing or sale of, create derivative works of, or in any way exploit any of the Content or other property interests of Metro Mavericks, in whole or in part, unless expressly authorized in writing to do so by Metro Mavericks.
Subject to the term of these Terms and Conditions, Metro Mavericks hereby grants User a personal, non-exclusive license to personally, and not for any commercial purpose or for the benefit of any other entity, corporation, organization or person, use the Site, subject to the conditions that (1) User may not modify, copy, distribute, display, reproduce, publish, license, create derivative works from, sell or transfer any Content, information, or services obtained or accessed from the Site unless the law otherwise provides or Metro Mavericks grants User prior written permission; (2) in no circumstance shall title to any Content found on the Site be transferred to User by function of this license; and (3) User may not use the Site or any Content for any purpose that is unlawful or to solicit the performance of any illegal activity that infringes upon the rights of Metro Mavericks or others. Any unauthorized use of any Content or information on the Site may violate patent, copyright, trademark, and other laws.
3. Termination of License
Metro Mavericks may terminate this license at any time if User is in breach of any of the terms of these Terms and Conditions. Upon termination, User shall immediately destroy any and all Content in User’s possession, if any, and cease use of the Site. Metro Mavericks reserves the right, in its sole discretion, to discontinue or make changes to the Site and/or Content at any time.
4. Qualification for Use and Access to the Site
5. General Disclaimers
THE SITE AND ANY INFORMATION AND CONTENT PROVIDED AT OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL METRO MAVERICKS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, DONORS, AND AGENTS BE LIABLE TO USER OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE CONTENT; (2) RELIANCE ON THE CONTENT; (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR DISCLOSURES; (4) THE SATISFACTION OF ANY GOVERNMENT REGULATION REQUIRING DISCLOSURE OF INFORMATION CONTAINED WITHIN THE SITE; (5) ANY OTHER FAILURE TO PERFORM BY METRO MAVERICKS OR METRO MAVERICKS’ CONTENT PROVIDERS, VENDORS, OR ORGANIZATIONS WITH WHICH METRO MAVERICKS CONDUCTS BUSINESS, OR (6) INFORMATION COMMUNICATED THROUGH FORUMS, CHAT ROOMS, MESSAGE BOARDS, COMMENTS OR OTHER SOCIAL NETWORKING FUNCTIONS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER METRO MAVERICKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOREOVER, METRO MAVERICKS IS NOT RESPONSIBLE FOR THE ACTIONS OR MATERIALS OF THIRD PARTIES, AND USER RELEASES METRO MAVERICKS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, DONORS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIMS USER HAS OR MAY HAVE AGAINST ANY SUCH THIRD PARTIES. METRO MAVERICKS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USER’S ACCESS TO AND USE OF THE SITE, CONTENT, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET USER’S SATISFACTION. USER IS RESPONSIBLE FOR TAKING ALL PRECAUTIONS USER BELIEVES ARE NECESSARY OR ADVISABLE TO PROTECT USER AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY OR HAZARD THAT MAY ARISE BY VIRTUE OF USER’S USE OF THE SITE.
Because some jurisdictions may not permit each of these disclaimers and limitations, some or all of these limitations may not apply to User. Metro Mavericks and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, donors, and agents further do not warrant the accuracy or completeness of any of the information, text, graphics, links or other items contained within the Content. Metro Mavericks may make changes to the Content, or to the Site or the services and/or materials described therein, at any time without notice to User. Metro Mavericks makes no commitment to update the Content. Any description of Content is not a representation that any such Content is available for distribution in User’s location.
6. Limitation of Liability
IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TERMS AND CONDITIONS, METRO MAVERICKS SHOULD HAVE ANY LIABILITY TO USER OR ANY THIRD PARTY FOR ANY CLAIM, LOSS, HARM OR DAMAGE, USER AGREES THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $1.00. USER AND METRO MAVERICKS AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN USER AND METRO MAVERICKS. USER ACKNOWLEDGES THAT ABSENT USER’S AGREEMENT TO THIS LIMITATION OF LIABILITY, METRO MAVERICKS WOULD NOT PROVIDE ACCESS TO THE SITE TO USER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN SUCH CASES, METRO MAVERICKS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
User agrees to defend, indemnify and hold Metro Mavericks, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, donors, and agents harmless against any claims, losses, expenses, liabilities, costs or damages (including Metro Mavericks’ reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) User’s breach of these Terms and Conditions; (2) User’s unauthorized, unlawful, fraudulent, or abusive use of the Site and/or the Content; and/or (3) the unauthorized, unlawful, fraudulent, or abusive use of the Site by any other person using your username (if Metro Mavericks provided User with a username).
User hereby grants Metro Mavericks and our affiliates, vendors, service providers, and organizations with which Metro Mavericks works (1) a world-wide, non-exclusive, perpetual, irrevocable, transferrable, fully-paid and royalty-free license to use, copy, reproduce, modify, promote, publish, translate, adapt, prepare derivative works based upon, distribute, perform, display, make commercial use of, offer for sale, sell, profit from, store, transmitor otherwise exploit User’s Communications, in whole or in part (including but not limited to any and all data, images, videos, sounds, text, captions, and other things embodied therein), in any form, media or technology known or hereafter developed for any purpose, including but not limited to advertising and promotional purposes, to the extent permitted by applicable law, and (2) the ability to grant other Users of the Site, without User’s further permission or approval, a license with respect to User’s Communications as set forth in Section 2 of these Terms and Conditions.
User hereby waives any and all claims against Metro Mavericks for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Metro Mavericks’ use, dissemination and publication of User’s Communications. Metro Mavericks shall be free to use any information, ideas, concepts, know-how or techniques contained in such Communications for any purpose whatsoever including but not limited to developing, manufacturing, marketing, offering for sale, and selling products and services incorporating such information.
User is prohibited from posting or transmitting to or from the Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in the United States or in the country in which User is located. User specifically agrees that User is solely responsible for User’s conduct on the Site. User represents and warrants that: (i) User owns the Communications posted by User or User otherwise has the right to grant the license set forth in this section, and (ii) the posting and submission of Communications by User does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any person or entity. User agrees to pay for all royalties, fees, and any other monies owed to any person by reason of any Communications posted by User.
User is solely responsible for the Communications that User posts, and any material or information that User transmits to Metro Mavericks, the Site, other Users and for User’s interactions with other Users. Metro Mavericks does not endorse and cannot control the Communications. Metro Mavericks does not necessarily review Communications prior to posting and the Communications may not reflect Metro Mavericks’ opinions or policies. Metro Mavericks makes no warranties, express or implied, as to the Communications or to the accuracy and reliability of the Communications or any material or information that User transmits to Metro Mavericks or other Users.
User agrees that User will not post, submit, email or make available any Communications or other content such as text, information, images, software and other information, services and materials on the Site, using or through the Site, or to any users of the Site:
- in a manner that infringes, violates or misappropriates any third party’s intellectual property rights or other privacy rights, proprietary rights or contractual rights;
- in a manner 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;
- to engage in spamming, “chain letters,” “pyramid schemes,” advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms and Conditions, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Site;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Metro Mavericks;
- to impersonate a Metro Mavericks employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Site without authorization;
- to interfere or attempt to interfere with the proper working of the Site or prevent others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other Users’ ability to use the Site;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage Metro Mavericks’ account or to monitor or copy the Site or the Content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person’s explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site or to Users; or
- in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in User Communications; or (2) emailed to Users who have requested not to be contacted about other services, products or commercial interests.
Additionally, User agrees not to:
- “Stalk” or otherwise harass anyone;
- Request, solicit or otherwise obtain access to information or other authentication credentials from any User of the Site, including any of the foregoing from Metro Mavericks, or to proxy authentication credentials for any User for the purposes of automating any actions on the Site;
- Use any profanity on the Site;
- Use the name “Metro Mavericks” or any of the slogans that appear on the Site as any part of the name of User’s name or e-mail address;
- Post any Communications containing child pornography to the Site. Metro Mavericks absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any data or information collected from Users, to law enforcement, including the National Center for Missing and Exploited Children;
- Post any Communications that Metro Mavericks determines in its discretion depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any Communications that Metro Mavericks determines in its sole subjective discretion constitutes pornography or is adult in nature;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site;
- Post irrelevant Communications, repeatedly post the same or similar Communications or otherwise impose an unreasonable or disproportionately large load on the Site’s infrastructure;
- Attempt to gain unauthorized access to Metro Mavericks’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site;
- Take any action that may undermine any feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to Metro Mavericks or the Site); or
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Site.
User agrees not to authorize or encourage any third party to use the Site to facilitate any of the foregoing prohibited conduct. User also agrees to immediately notify the Metro Mavericks in the event of an actual or threatened claim that User has violated any of the covenants and agreements contained in these Terms and Conditions.
User is prohibited from revealing the name or other personally identifying information of any other Users unless that other individual User has previously revealed his or her own name or personally identifying information in Communications sent by that user to the Site. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered trespass and computer fraud and abuse, punishable under state and federal laws.
Metro Mavericks reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
9. Cooperation with Government Authorities
If necessary and in accordance with applicable law, Metro Mavericks will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, members, Metro Mavericks, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders, donors, and agents in order to: (1) prevent unauthorized use of this Site; and/or (2) comply with any requirements of law or judicial process that are applicable to Metro Mavericks.
10. Linked Sites
Other websites, materials, or locations that may be linked to or from the Site (“Linked Sites”) are not necessarily under the control of Metro Mavericks and Metro Mavericks is not responsible for, nor does it certify, the content of any Linked Sites or any link contained in a non-affiliated Linked Site. Metro Mavericks reserves the right to terminate any link or linking program at any time. The inclusion or omission of Linked Sites is not intended to endorse any particular companies or services. If User decides to access a Linked Site, User does so entirely at User’s own risk. Any links to any portion of the Site are the responsibility of the linking party, and Metro Mavericks is not be responsible for notification of any change in name or location of any information on the Site. Metro Mavericks reserves the right to request any web site administrator to disable or remove any link that violates any rights of Metro Mavericks or causes interruption or deterioration of Content provided by Metro Mavericks.
11. Notice and Procedure for Making Claims of Copyright Infringement
If User believes that User’s work has been copied in a way that constitutes copyright infringement, please provide Metro Mavericks’ Copyright Agent the written information specified below:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit Metro Mavericks to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that this procedure is exclusively for notifying Metro Mavericks that User’s copyrighted material has been infringed. Metro Mavericks’ Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Metro Mavericks Corporation
575 Madison Avenue, 11th Fl., New York, NY 10022 (Attn: Zvi Hahn))
New York, New York 10022
Attn: Copyright Agent
12. Applicable Laws
The Site is controlled by Metro Mavericks from its offices in New York, United States. Metro Mavericks makes no representation that Content on the Site is appropriate or available for use in other locations; access to the Site and/or Content from territories where such access and Content is illegal is prohibited. Users accessing the Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws. User may not use or export any Content in violation of United States export laws or regulations.
13. Dispute Resolution
Any dispute between User and Metro Mavericks arising out of these Terms and Conditions shall be resolved first by direct communication with one or more of Metro Mavericks’ management team members. Should User and Metro Mavericks be unable to resolve the dispute by communication and both User and Metro Mavericks jointly agree to do so, User or Metro Mavericks may submit any dispute arising out of or relating to these Terms and Conditions, or the breach thereof, exclusively to final and binding arbitration administered by the American Arbitration Association nearest the place of Metro Mavericks’ headquarters. The arbitrator shall fully implement the intent and purposes of these Terms and Conditions and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys’ fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded. Each User expressly waives his or her right to sue in court and WAIVES HIS OR HER RIGHT TO PROCEED BEFORE A JURY. Each User also agrees that arbitration under this provision shall be solely between Metro Mavericks and that User on an individual basis and there can be no class or other representative arbitration. This means User shall have no right to represent anyone but himself or herself in any arbitration.
14. Entire Terms and Conditions and Amendment of Terms and Conditions
Metro Mavericks may occasionally, and reserves the right at any time, to amend these Terms and Conditions. If Metro Mavericks does update these Terms and Conditions, Metro Mavericks will update the “Effective Date” at the top of these Terms and Conditions. Metro Mavericks encourages Users to periodically review these Terms and Conditions to stay informed about Metro Mavericks’ Terms and Conditions.
USER’S CONTINUED USE OF THE SITE CONSTITUTES USER’S AGREEMENT TO THESE TERMS AND CONDITIONS AND ANY UPDATES TO THESE TERMS AND CONDITIONS.
User’s right to access and use the Site and/or Content immediately terminates without further notice upon User’s breach of these Terms and Conditions. Metro Mavericks may terminate or suspend these Terms and Conditions and/or User’s right to use the Site at any time, with or without cause. Sections 1, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, and 21 of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions for any reason whatsoever.
Metro Mavericks may assign these Terms and Conditions, in whole or in part, in its sole discretion. User may not assign User’s rights under these Terms and Conditions without Metro Mavericks’ prior written permission. Any attempt by User to assign User’s rights under these Terms and Conditions without Metro Mavericks’ permission shall be void and non-binding on Metro Mavericks.
17. Waiver of Breach
Any failure to enforce any term or provision of these Terms and Conditions shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms and Conditions. In addition, any failure to enforce any term or provision of these Terms and Conditions shall not constitute a waiver of a future breach of that or any other term or provision of these Terms and Conditions.
18. Force Majeure
Metro Mavericks shall not be liable for any failure or unavailability of the Site and/or Content as a result of strikes, lockouts, calamities, acts of God, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Metro Mavericks’ control.
User agrees that, where Metro Mavericks is required to provide User with notice under these Terms and Conditions, acceptable and sufficient forms of notice include, but are not limited to, the following:
(i) e-mail to the most recent e-mail address that User has provided to Metro Mavericks, regardless of the current status of that e-mail address;
(ii) written communication delivered by first class U.S. mail to the most recent physical address that User has provided to Metro Mavericks, regardless of the current status of that physical address; or
(iii) such other method of communication as User specifically requests in writing that Metro Mavericks use.
Metro Mavericks shall have sole discretion to select which of the above methods of notice that it shall use, and shall not be required to use more than one of these methods to provide notice.
User accepts sole responsibility for providing Metro Mavericks with notice of changes to User’s physical address and/or User’s e-mail address.
Except as otherwise set forth above, User may give notice to Metro Mavericks at any time via electronic mail to email@example.com or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Metro Mavericks Corporation
60 Riverside Boulevard # 2011
New York, New York 10069
Attn: Ian Magnani
The headings of articles and sections contained in these Terms and Conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms and Conditions.
If any provision of these Terms and Conditions shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.