Decksports.com - Terms of Service

By using Decksports.com (the "Site"), you are agreeing to comply with and be bound by the following terms of service. Please review the following terms carefully. If you do not agree to these terms, you should not use this site.

1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Service Agreement ("Agreement") with respect to Decksports.com. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on Decksports.com, and you should review this Agreement prior to using the site.

2. Registration
You may be required to register as a member in order to access certain sections or features of Decksports.com. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be completed using a valid email address and it is your responsibility to maintain the privacy and security of your password. A unique user name is required for use of Decksports.com. We may disable your account if your user name intentionally impersonates another person, appropriates their rights, or is offensive, obscene, or racist. Decksports.com reserves the right to cancel accounts at its sole discretion.

Decksports.com is not intended for users under the age of 13 and does not knowingly collect personal or usage information from users under the age of 13. By using this Site you certify that you are more than 13 years old. Do not use or register for Decksports.com if you do not meet this requirement.

3. User Conduct

• You are responsible for any activity that occurs under your user name
• You agree not to abuse, harass, threaten, impersonate or intimidate other Decksports.com users, and not to create content on Decksports.com or link from Decksports.com to content that is obscene, racist, defamatory, abusive, threatening, libelous, or violates the intellectual property or other rights of a third party
• You agree to abide by the laws in your jurisdiction
• Decksports.com is intended solely for personal, non-commercial use
• You agree not to use automated means to create accounts on Decksports.com or to access information except through RSS feeds for personal use; not to transmit or generate viruses that harm the security of other users' accounts or deface, attack, modify, or overwhelm the Site; and not to spam Decksports.com users

4. Decksports.com Content and Copyrights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

5. Advertisers
Decksports.com may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

6. Errors, Corrections and Changes
We do not represent or warrant that Decksports.com will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through Decksports.com will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of Decksports.com at any time. We reserve the right in our sole discretion to edit or delete any documents, postings, comments, information or other content appearing on Decksports.com.

7. Third Party Content
Third party content may appear on Decksports.com or may be accessible via links from the site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on Decksports.com. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

8. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

9. Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

10. Disclaimer
Decksports.com service is provided "as-is" and "as available." The information provided on Decksports.com and the service itself may contain bugs, errors, problems or other limitations, and may contain or link to sites containing information that you may find offensive. Decksports.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

11. Limitation of Liability
We and our Affiliated Parties have no liability whatsoever for your use of any information or the Decksports.com service. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from Decksports.com or any services or products obtainable therefrom, (b) the unavailability or interruption of the site or any features thereof, (c) your use of Decksports.com, (d) the content contained on Decksports.com, or (e) any delay or failure in performance.

THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE CONTENT, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $1 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

12. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy, you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Site, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

13. Third-Party Services
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

14. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

15. Copyright Complaints
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail with the heading "To The Copyright Agent" to [email protected]

16. Miscellaneous
This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above under Limitation of Liability. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.