Please carefully read these terms and conditions of use (these “Terms of Service”) before using the
Official Website of Beach Volleyball World/AOS Group LP and the services available on that site
(collectively, the “Site”). Your access to and use of the Site is subject to these Terms of Service
you signify your assent to these Terms of Service. These Terms of Service may be amended or modified
at the sole discretion of Beach Volleyball World (“ BeachVolleyballWorld”), and/or Screenpush, or new conditions may be
imposed, at any time with or without notice. Any such changes or additions will be reflected by an update
of this posting and are hereby incorporated by reference into these Terms of Service. Please check these
Terms of Service periodically for changes. Your continued use of the Site following the posting of changes
agree to these Terms of Service, please do not use the Site.
DESCRIPTION OF SERVICES
The Site offers streaming video content and related editorial and interactive material of and related to BeachVolleyballWorld.
Content may include, but is not limited to: athlete interviews and biographies, tournament and practice video, behind-the-scenes
footage, user polls, photo galleries and news and information. Please be aware that some material may contain explicit content.
OWNERSHIP AND USE RESTRICTIONS
The Site is operated by BeachVolleyballWorld. BeachVolleyballWorld, and each of their respective operators, athletes, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the “Operators.”
By purchasing any Services via the Site, you acknowledge and agree that your credit card is being charged by the payment processor of Screenpush, an Operator of the Site.
The content and materials contained within the Site (including, without limitation, video, audio, photos, text, images, names, likenesses, logos and all copyrights and intellectual property related to the Site, BeachVolleyballWorld and BeachVolleyballWorld’s sponsors, licensees and other affiliates) (the “Content”) are either owned by or licensed to BeachVolleyballWorld. The Content from the Site may not be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly displayed or otherwise used in any manner, except as expressly provided in these Terms of Service, without the express written permission of the Operators. The Operators maintain the Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. The Site is provided for your private and non-commercial use. You may download one copy of each piece of material displayed on the Site to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, capture streaming files, download, upload, prepare derivative works based upon, modify, transmit, reuse, repost, or use any materials of or from the Site for public or commercial purposes on any other Site or otherwise without the express written permission of the Operators. Modification of any materials displayed on the Site in any manner is a violation of the Operators’ rights and/or copyright and other proprietary rights.
The word marks and logos of BeachVolleyballWorld are the exclusive property of BeachVolleyballWorld or the applicable entity. All other word marks and logos (each, a “Trademark” and, collectively, the “Trademarks”) appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site in any manner without the express written permission of its respective owner. Any use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited.
Images of people or places displayed on the Site are either the property of, or used with permission by, the Operators. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operators neither warrant nor represent that your use of materials displayed on the Site will not infringe upon the rights of third parties neither owned by nor affiliated with the Operators.
The Site is available to individuals aged thirteen (13) years or older. If you are thirteen (13) years or older, but under the age of eighteen (18) years, you should review these Terms of Service with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms of Service.
REGISTRATION FOR USE OF CERTAIN FEATURES
You may receive a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. The Operators are not responsible for any loss or damage arising as a result of your failure to comply with this Section 3.
Message and Screen Name Review. Screenpush and its independent, third-party providers (the “Vendors”) act as a passive conduit in connection with your use of Message Features. Screenpush and its Vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you that they believe may create a liability for them, and also to deny access to any Message Feature. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by Screenpush or its Vendors.
Messages submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are, and will be treated as, non-confidential and nonproprietary. By submitting a Message to the Site, you acknowledge that any information disclosed by you therein (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to the Operators described in Section 5 below.
By transmitting any Message (see Section 4 above regarding Messages) or submitting creative ideas, concepts, know-how, techniques, suggestions or materials (each, a “Submission” and, collectively, “Submissions”), you are granting the Operators a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, “Rights”). This means that anything submitted by you on or to the Site will be owned exclusively by BeachVolleyballWorld and may be used by BeachVolleyballWorld for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, whether solicited or unsolicited, shall become and remain the exclusive property of the Operators. The Operators shall also have the absolute right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent.
• Solicited Submissions: At times, the Operators may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operators of the Rights described above.
• Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for the Site, it is the Operators’ policy not to accept or consider any Submissions that are unsolicited. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Operators might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions via the Site or otherwise; we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future BeachVolleyballWorld designs, products, programs or otherwise. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operators. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operators of the Rights described above.
The following restrictions (“Linkage Restrictions”) apply to all links to the Site from any on-line, cable, wireless or other Site, service or browser:
• On-line, cable, wireless or other Sites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi) or service (e.g., Internet service providers or ticket sellers) (each, a “Commercial Site” and, collectively, “Commercial Sites”) may not link to the Site without the written permission of the Operators, even if the page/area where the link originates does not promote a product, brand or service.
• Sites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a “Permissible Site” and, collectively, “Permissible Sites”) may link to the Site without the express written permission of the Operators if such link is: (i) a “word” (as opposed to a “logo”) link (e.g., “The Official Website of BeachVolleyballWorld”); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
• The Site logo, or any other logo of BeachVolleyballWorld (a “logo” link), may not be used as or to link to the Site without the express written permission of the Operators.
• No link to the Site may be “framed” by the Permissible Site where the link originated if such “frame” contains any sponsorship, advertising or other commercial text or graphics.
• All links to the Site from a Permissible Site must be to the Site’s home page — links to internal pages within the Site (e.g., a player page, a photo gallery or a feature article) are not permitted.
• The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.
DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While the Operators use reasonable efforts to include accurate and up to date information in the Site, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the content of the Site. The Operators make no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR SECURE OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
The Site is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection. A broadband Internet connection is required to view certain video content.
The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operators or any affiliate of any third party site or content. The Operators are not responsible for the availability of these third party resources, or their contents. The Operators have not reviewed any or all of the sites linked to the Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of the Operators. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operators with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Operators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site. All of your business dealings with vendors and advertisers appearing on or through the Site shall be at your sole risk.
TERMINATION OF SERVICE
The Operators may, in their sole discretion, change, suspend or discontinue any aspect of the Site at any time with or without notice, including the availability of any Site feature, database, or content. The Operators may also cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Site, or the entire Site, with or without notice, and without liability, at any time, in the Operators’ exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which the Operators believe is harmful to other customers, to the Operators’ respective businesses, or to other information providers. Upon any termination of these Terms of Service, you shall immediately discontinue your use of the Site and destroy all materials obtained from it.
Software and other materials from the Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The Operators do not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.
These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms of Service, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect. The Operators’ failure to exercise or enforce any rights or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that, except as may be otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.
You expressly agree not to use or attempt to use any automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site or any other content without the prior express written consent of the Operators; obtain or attempt to obtain through any means any materials or information on the Site that have not been intentionally made publicly available either by their public display on the Site or through their accessibility by a visible link on the Site; in any way bypass or circumvent any measure employed to limit or prevent access to the Site or its content; violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any Site server; interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site; take or attempt any action that, in the sole discretion of the Operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the Operators’ infrastructure.
By using the Site, you signify your agreement to these Terms of Service in their entirety. If you do not agree with the terms included herein, you must not use the Site. The Operators may change these Terms of Service at any time and in any manner, and your use of the Site after such changes are posted shall be deemed to indicate your acceptance thereto.