PhelpsSports.com

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Terms & Conditions

1. General Terms

(A) By using PhelpsSports.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use PhelpsSports.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.

(B) PhelpsSports.com Inc. shall have the right at any time to change or discontinue any aspect or feature of PhelpsSports.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. Changed Terms.

PhelpsSports.com Inc. shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of PhelpsSports.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on PhelpsSports.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of PhelpsSports.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

3. Subscriber Conduct.

(A) Subscriber shall use PhelpsSports.com for lawful purposes only. Subscriber shall not post or transmit through PhelpsSports.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without PhelpsSports.com Inc's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in PhelpsSports.com Inc's discretion restricts or inhibits any other Subscriber from using or enjoying PhelpsSports.com will not be permitted. Subscriber shall not use PhelpsSports.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with PhelpsSports.com.

(B) PhelpsSports.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, video, graphics, music and sound, and the entire contents of PhelpsSports.com are copyrighted as a collective work under the United States copyright laws. PhelpsSports.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not 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. Subscriber may download copyrighted material for Subscriber's 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 PhelpsSports.com Inc. and the copyright owner. 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. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Subscriber shall not upload, post or otherwise make available on PhelpsSports.com 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 Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PhelpsSports.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted PhelpsSports.com Inc. 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. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants PhelpsSports.com Inc. the right to edit, copy, publish and distribute any material made available on PhelpsSports.com by Subscriber.

(D) The foregoing provisions of Section 3 are for the benefit of PhelpsSports.com Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

4. Disclaimer of Warranty; Limitation of Liability.

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF PHELPSSPORTS.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER PHELPSSPORTS.COM INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PHELPSSPORTS.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PHELPSSPORTS.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PHELPSSPORTS.COM.

(B) PHELPSSPORTS.COM 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 IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT PHELPSSPORTS.COM INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

(D) IN NO EVENT WILL PHELPSSPORTS.COM INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PHELPSSPORTS.COM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PHELPSSPORTS.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON PHELPSSPORTS.COM.

5. Monitoring.

PhelpsSports.com Inc. shall have the right, but not the obligation, to monitor the content of PhelpsSports.com, including any public areas, to determine compliance with this Agreement and any operating rules established by PhelpsSports.com Inc. and to satisfy any law, regulation or authorized government request. PhelpsSports.com Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on PhelpsSports.com. Without limiting the foregoing, PhelpsSports.com Inc. shall have the right to remove any material that PhelpsSports.com Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

6. Indemnification.

Subscriber agrees to defend, indemnify and hold harmless PhelpsSports.com Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of PhelpsSports.com by Subscriber or Subscriber's Account.

7. Termination.

Either PhelpsSports.com Inc. or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, PhelpsSports.com Inc. shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which PhelpsSports.com Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. In the event of an account termination, subscription fees will be refunded for the unused portion of a subscription. For lifetime memberships, this calculation will be based on a "lifetime" of 10 years.

8. Trademarks.

PhelpsSports.com and its logos are trademarks of PhelpsSports.com Inc. All rights reserved. All other trademarks appearing on PhelpsSports.com are the property of their respective owners.

9. Miscellaneous.

This Agreement and any operating rules for PhelpsSports.com established by PhelpsSports.com Inc. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

10. Linking

The Web site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by PhelpsSports.com of the contents of such third-party web sites. PhelpsSports.com Inc. is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.

11. Online Commerce and Security

The Web site allows you to purchase many different types of products and services (namely, subscriptions) online that are provided by PhelpsSports.com Inc. When ordering services or products on the Web site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address and credit card information, as well as any other information requested.

You acknowledge and agree that the price of the services or products is subject to change without notice and that the services or products are subject to availability. The sale of the services or products is void where prohibited by law. PhelpsSports.com Inc., in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the services or products are listed at an incorrect price, due to a typographical error or an error in pricing information, PhelpsSports.com Inc., in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.

Online Transaction Processing is provided by PayPal, a secure and trusted service provider to PhelpsSports.com.

You release PhelpsSports.com Inc. and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the services or products made available on the Web site or by third-party web sites through the Web site.

12. Sharing of Subscriber Accounts

Subscriber accounts are intended for use by a single individual only. A Subscriber's user name and password should be kept private, and PhelpsSports.com should be contacted immediately if it is suspected that the security of a Subscriber account has been compromised. PhelpsSports.com employs pattern-matching and tracking technology to identify accounts that may have been shared with other people. This is against the terms and conditions stated here, and suspect shared accounts may be subject to warnings, account suspensions or terminations. Subscriber accounts at PhelpsSports.com are not expensive; encourage your friends to subscribe on their own!

13. Refund Policy

If a subscriber requests an account termination and refund within 7 days of subscribing or renewing, a full refund will be provided. Refunds are not available after this period unless PhelpsSports.com needs to end the subscription for term violations or other reasons. If PhelpsSports.com terminates an annual account within the first month, 11/12ths of the fee will be refunded; if terminated within the second month, 10/12ths of the fee will be refunded; and so on in that fashion, up to the sixth month. No refund will be offered after 6 months of an annual subscription have passed. For PhelpsSports lifetime memberships, 9/10ths of the fee will be refunded if terminated in the first year; beyond the first year, no refund will be offered.

 

Subscriptions

1. Subscription Types

Annual subscriptions have a regular price of $80.00 USD and last a period of 365 days. Subscribers will be asked to renew several weeks prior to the account expiring.

Lifetime subscriptions have a regular price of $750.00 USD and last for the lifetime of PhelpsSports.com Ltd. or the lifetime of the subscriber, whichever is sooner.

2. Pre-Launch Subscriptions and Discounts

Discounts offered before the site launched applied to new Lifetime subscribers and to the first year of new Annual subscribers. A 20% discount was offered from June 8, 2006 to July 14, 2006. A 10% discount was offered from July 15, 2006 to August 18, 2006. Beginning August 19, 2006, regular prices are in effect.

Subscriptions purchased prior to the launch of PhelpsSports.com had an effective start date of August 19, 2006. Thus, annual accounts will last for a period of 365 days beginning on August 19, 2006 and ending on August 19, 2007.

 

Privacy Policy

Thank you for visiting PhelpsSports.com. Your privacy is very important to us.

Personal information collected from subscribers is used for billing, user management and other internal purposes. Your information will not be made available to any entity other than PhelpsSports.com Inc., Phelps Media Group Inc., PhelpsImages.com LLC or PayPal. Your information will absolutely not be sold or otherwise provided to any other third party. Credit card transactions are processed by PayPal for PhelpsSports.com.

PhelpsSports.com Inc. may operate electronic or postal mailing lists to pass along important information to our members.

 

This information may be updated at anytime without notice. Last updated August 18, 2006.


  

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