“WIPNPOLO.COM” (including all sub-domains and points of entry to the same including any other domains or micro-sites owned or operated on the internet by Women’s International Polo Network (“WIPN”) (as defined below) (“the WIPN Website”)) is the interactive on-line service operated by Women’s International Polo Network d/b/a WIPN on the internet, consisting of information services and content provided by the WIPN Website, WIPN, their affiliates, associated entities, and other third parties. “You” and “Your” means each person who establishes a connection to the WIPN Website for access to and use of the WIPN Website content or functions.
- USE OF WIPN WEBSITE
(A) WIPN encourages parents and guardians to spend time with their children online, and to be fully familiar with the sites visited by the children in their care, including the WIPN Website. The WIPN Website is not intended for use by people under the age of thirteen (13). If You are under the age of eighteen (18), You should not participate in contests or sweepstakes or other promotional opportunities on the WIPN Website, nor should You post information to the WIPN Website without a parent or guardian’s consent.
(C) WIPN shall have the right at any time to change or discontinue any aspect or feature of the WIPN Website, including, but not limited to, content, hours of availability, and equipment needed for access or use in their sole discretion, including those that effect a personal function provided to Your profile (if applicable).
- CHANGED TERMS
- HARDWARE AND SOFTWARE UPDATES
You shall be responsible for obtaining and maintaining all computer hardware, software and other equipment needed for access to and use of the WIPN Website functions and all related charges.
- REGISTRATION OBLIGATIONS
If You register with WIPN, You agree to provide true, accurate, current, and complete information about Yourself. WIPN has the right to suspend or terminate access and refuse any and all current or future use of the WIPN Website (or any portion or function thereof) if You provide any untrue, inaccurate, not current, or incomplete information, or if WIPN reasonably suspects that You have provided untrue, inaccurate, or incomplete information at any time to WIPN.
- PHONE/TABLET USER OF WIPN WEBSITE FUNCTION
By subscribing to the WIPN Website mobile alerts or other functions involving e-mail, or push notifications (including SMS messages) to Your device where charges may apply (if available) (“Notifications”), You certify that You are over eighteen (18) years of age or have consent from a legal guardian, are the account holder and agree to, or have the account holder’s permission to agree to receive ongoing Notifications from WIPN. Service may not be available on all network carriers. Your network carrier’s standard (and additional) message or data rates may apply. Further charges such as international roaming charges may also apply. Please check with your network carrier for more information. WIPN will not be liable for any delays in the receipt of any Notifications as delivery is subject to effective transmission from Your network carrier. Notifications are provided on an “as is” basis. Data obtained from You in connection with the Notifications or application to receive the same may include Your cell/mobile phone number, network carrier’s name, date, time and content of any submission to WIPN or made available to WIPN. Such information may be used by WIPN to contact You, create general demographic statistics (for use by WIPN) and to provide services or Notifications You request.
(B) You shall not use or permit or facilitate others to use automated electronic processes, robots, spiders, scrapers, web-crawlers, or other computer programs that monitor, copy, or download data or other content found on the WIPN Website or accessed through the WIPN Website including without limitation real time video, audio, statistics, polling, or data content, whether current or archival.
(C) You shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the WIPN Website or servers or networks connected to the WIPN Website, or disobey any requirements, procedures, policies, or regulations of networks of WIPN or connected to the WIPN Website.
(D) You shall not create a frame, browser, or border around any of the content of the WIPN Website or link to the WIPN Website without WIPN’s prior express written permission (except that You may use a plain text-only link to the home page of the WIPN Website, which link does not in any way imply a sponsorship or affiliation with the WIPN Website, WIPN, a WIPN Tour, sponsor, stakeholder, athlete, or any of its affiliates.
(E) the WIPN Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the WIPN Website are copyrighted as a collective work under United States copyright laws. WIPN owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, on the WIPN Website. You may download copyrighted material made publicly available for Your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of WIPN and the copyright owner (if different). In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material.
(F) You shall not upload, post, or otherwise make available on the WIPN Website any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable (and hereby release WIPN from any liability) for any damage resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the WIPN Website, You automatically grant, or warrant that the owner of such material has expressly granted, WIPN the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material and for any purpose. You also permit any other user to access, view, store or reproduce and share the material for that user’s personal use or use on another website if the ability to do so is available on the WIPN Website. The foregoing provisions of Section 7 are for the benefit of WIPN its, parent companies, affiliates, licensees, assignees, third party content providers, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(B) NEITHER THE WIPN NOR IT’S AFFILIATES WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS, OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WIPN WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. IN NO EVENT WILL WIPN OR THE AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WIPN WEBSITE.
(C) YOU AGREE THAT NEITHER WIPN NOR ITS AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WIPN WEBSITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM YOUR USE AND ACCESS OF THE WIPN WEBSITE RESTS ENTIRELY WITH YOU.
- MONITORING AND MODERATION OF CONTENT
- FULL RELEASE AND INDEMNIFICATION BY YOU
You agree to release, defend, indemnify and hold harmless WIPN and its Affiliates and each of their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the WIPN Website by You or any third party authorized by You.
- TRADEMARKS AND CONTENT
The Women’s International Polo Network trademarks and any WIPN logo (including all previous ASP logos) as used on the WIPN Website and in media worldwide (including online) are trademarks of WIPN. All rights are reserved to those trademarks and trade names in perpetuity. All other trademarks appearing on the WIPN Website are the property of their respective owners. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, OR DUPLICATING OF ANY OF THE MATERIAL INCLUDING THE TRADEMARKS OR CONTENT ON THE WEBSITE, IN WHOLE OR IN PART, IS EXPRESSLY PROHIBITED. Any unauthorized use may subject the offender to civil liability and criminal prosecution under applicable federal and state law.
- THIRD PARTY CONTENT
WIPN may from time to time act as a distributor of content supplied by third parties and users. Accordingly, WIPN has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, You or any other user of the WIPN Website, are those of the respective author(s) or distributor(s) and not of WIPN. Neither WIPN, nor its Affiliates guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to Section 8 above for the complete provisions governing limitation of liabilities and disclaimers of warranty). Neither WIPN nor its Affiliates are responsible for the accuracy or reliability of any opinion, advice, or statement made on the WIPN Website by anyone other than authorized WIPN employee spokespersons while acting in their official capacity. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available on the WIPN Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content should you choose to rely on the same. The WIPN Website may contain links to other third-party web sites or resources. WIPN has no control over content of such sites and resources, and You acknowledge and agree that WIPN bears no responsibility for the availability of such external sites or resources, does not endorse, and bears no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and also bears no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third party web site or resource.
- COPYRIGHTS AND COPYRIGHT AGENT
WIPN respects the rights of all copyright holders and, in this regard, WIPN has adopted and implemented a policy that provides for the termination of access and use by users who infringe the rights of copyright holders in appropriate circumstances. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide WIPN’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512: (A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (B) 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; (C) 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 WIPN to locate the material; (D) Information reasonably sufficient to permit WIPN to contact the complaining party; (E) 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; and (F) 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. For copyright inquiries under the Digital Millennium Copyright Act, for web posting, reprint, transcript or licensing or any other requests, please contact WIPN at email@example.com.
- INVALIDITY OF TERMS
- HAVE YOU WITNESSED A USER VIOLATION?
- GOVERNING LAW; DISPUTES; ARBITRATION; CLASS ACTIONS; JURY TRIAL
These Terms are governed by the laws of the State of Colorado without giving effect to the principles of conflicts or choice of laws, except that the Federal Arbitration Act will apply as described below. By using the WIPN Website in any way, you unconditionally consent and agree that:
(A) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) You may have against WIPN arising out of, relating to, or connected in any way with the WIPN Website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS, except that either party may bring any applicable claim in small claims court.
(B) This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.
(C) The arbitration shall be held in Denver, Colorado.
(D) The arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the WIPN Website.
(E) There shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or WIPN’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, YOU ARE WAIVING ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
(F) The arbitrator shall not have the power to award punitive damages against you or WIPN.
(G) If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, WIPN will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
(H) With the exception of (E) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
- AMENDMENTS; ASSIGNMENT
You agree that WIPN may update these Terms at any time, and it is your obligation to check for updates. Updates do not apply retroactively. You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part.