XK Orange County Soccer News website

 BINDING TERMS AND CONDITIONS OF USE

thank you visiting the xk Orange County soccer news website at soccer.XKOrangeCounty.com.

Published by XK Publishing INc., XK Orange County Soccer News is a sports news and information website.  XK Orange County Soccer News provides a venue for the display of newsworthy images and information related to soccer events.

THE FOLLOWING sets forth THE TERMS AND CONDITIONS (“Terms”) governing your USE OF THE XK Orange County Soccer News WEBSITE.  BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY all TERMS below.  IF YOU DO NOT AGREE TO be bound by EACH AND EVERY ONE OF THESE TERMS, PLEASE DO NOT access OUR WEBSITE.

This website contains content created by or on behalf of XK Publishing Inc., as well as content provided by third parties, including individuals.  We do not control, and make no warranties about, our content, including content that may be accessible directly on the website or through links from the website to sites operated by others. 

You must be 18 years of age or older to register for or to use this website.  If you are not at least 18 years of age, you must have the permission of a parent or guardian to register for or to use this website.  In no circumstances, however, is this website intended for children under the age of 13 and children under 13 should not send any information about themselves to us, including their names or e-mail addresses.  We do not knowingly collect personally identifiable information from children under 13 years of age.

You will be asked to select a username and password when registering for our website.  We reserve the right to reject at any time any username that, in our sole and unfettered discretion, is inappropriate.  You are responsible for maintaining the confidentiality of your username and password and you are responsible for the use of, and any acts undertaken or enabled by the use of, your username and password.

This website, including but not limited to the text, stories, photos, graphics and other visual content, is protected by copyright law and other laws.  Reproduction of the content of this website, in whole or in part, is expressly prohibited.

ACCESS AND USE

You agree that, when using or accessing any part of or service provided by our website, you will not:

·        Access or use the website other than for your personal, non-commercial use.  For example, you may not transmit or post to the website material containing any solicitation of funds, advertising or solicitation for goods or services.

·        Violate any applicable law or regulation.

·        Interfere with or damage the operation of the website or introduce to the website or its users any type of harmful code or computer virus.

·        Infringe the legal rights of anyone, including but not limited to any intellectual property rights, privacy rights, or publicity rights.

·        Reproduce, distribute or make derivative works of our website or any of its contents without the express written consent of XK Publishing Inc.

·        Transmit or post harmful, threatening, abusive, harassing, defamatory, false, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, racist, sexist or otherwise objectionable content or material.

·        Use content or information available on the site for any improper purpose.

Should you violate the Terms of use of this website as set forth above or below, or otherwise engage in behavior that XK Publishing Inc. in its sole and unfettered discretion deems objectionable, we reserve the right without notice to you to terminate your access to or use of our website; remove any material posted by you; delete any information on the site associated with you; and/or take any other steps we believe appropriate.

You further agree to indemnify, defend and hold harmless XK Publishing Inc., its affiliates and licensees, and all of their officers, directors, employees, agents and representatives from and against any and all liabilities, losses, claims, damages, and expenses (including attorneys’ fees) in connection with any claim arising out of, or relating to your use of the website, or your violation or alleged violation of any Terms set forth above or below.

DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY

YOU AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK.  NEITHER XK PUBLISHING INC. OR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS, WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

THE SITE 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.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.  YOU AGREE THAT XK PUBLISHING INC. SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR THIRD PARTIES.

IN NO EVENT WILL XK PUBLISHING INC. OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM, RELATING TO OR CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE OR THESE TERMS.

SUBMISSION OF PHOTOS OR CONTENT

XK Publishing Inc. welcomes the submission of your photos, stories or other content to our website.  When submitting a photo, you must provide a valid email address and phone number so that we can contact you regarding your submission, if necessary.

Should you elect to make a submission to us, you understand that, in addition to the other terms and conditions set forth above and below, the following conditions also apply and you also agree to be bound by them:

·        You must be at least 18 years of age to submit a photo, story or content of any kind.  If you are between the ages of 13-17, you may make a submission only if you have the prior permission of a parent or guardian.  Submissions of any kind by children younger than 13 are forbidden.

·        If you are submitting photos, stories or content pertaining to or depicting persons other than yourself, you must obtain the permission of any such person(s) prior to making your submission to us.  By submitting to us photos, stories or content pertaining to or depicting persons other than yourself, you represent and warrant that you have obtained any and all necessary permissions required by these Terms and/or applicable laws.

·        By submitting any photo, story or content, you hereby grant to XK Publishing Inc. and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted materials in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. 

·        The rights granted by you to XK Publishing Inc. include, but are not limited to, the rights to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo, story or content.

·        By submitting any photo, story or content, you hereby represent and warrant that the submitted materials shall not infringe on any copyright or other right of any third party, and you have the right to grant all rights and licenses granted to XK Publishing Inc. herein, including but not limited to all necessary rights under copyright law.

·        You agree that XK Publishing Inc. shall have no obligation to post, display or otherwise make publicly available any photo, story or content submitted by you, or to return any submitted materials to you.

·        You understand that any photo, story or content submitted by you may be available for viewing, rating, and comment on by the public, and you understand that comments or ratings with which you disagree may be published or otherwise become associated with any photo, story or content you submit to the website.  By submitting any photo, story or content to us, you hereby waive any privacy expectations that you, or that any other person or entity depicted or referenced in the submitted materials, may have with respect to any such photo, story or content.

·        You hereby agree to hold XK Publishing Inc. and its affiliates, employees, subsidiaries, licensees and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on the website, or any other use authorized under these Terms, of any photo, story or content submitted to the website by you.

FORUM PARTICIPATION

Should you elect to participate in the forums available on our website, you understand that, in addition to the other terms and conditions set forth above and below, the following conditions also apply and you also agree to be bound by them:

·        You must be at least 18 years of age to participate in our forums.  If you are between the ages of 13 and 17, you may participate only if you have the permission of a parent or guardian.  Children younger than 13 are forbidden to participate in our forums in any manner.

·        You are solely responsible for your interactions in our forums with other users of or visitors to the website.

·        We reserve the right, but are under no obligation, to monitor interactions utilizing the facilities of the website, including without limitation postings made to our website forums. 

·        You acknowledge and agree that XK Publishing Inc, its employees, affiliates, subsidiaries, licensees and assigns shall not be, and you shall not seek to hold them, responsible for any harm or damage whatsoever arising in connection with your interaction with other users of our website, including without limitation users of our forums.

·        XK Publishing Inc. does not verify any information posted to or communicated via the website by users and does not guarantee the proper use of such information by any party who may have access to the information.  XK Publishing Inc. does not assume, and shall not have, any responsibility for the content of email messages or other communications sent or received by users of the website

RSS SERVICE

RSS (really simple syndication) service is a means by which XK Publishing Inc. provides feeds of story headlines in XML format (“RSS Content”) to our website visitors who use RSS aggregators. Should you elect to receive our RSS service, you understand that, in addition to the other terms and conditions set forth above and below, the following conditions also apply and you also agree to be bound by them:

Our RSS service is provided to you for free for non-commercial use only and any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, is forbidden.  In addition, you must use the RSS feeds as provided by XK Publishing Inc., and you may not edit, modify or otherwise alter the text, content or links supplied to you.  You may not resell, lease, license, assign, redistribute or otherwise transfer any part of the RSS Content.

Our RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on XK Publishing Inc.’s website.  You may not display the RSS Content in any manner that does not permit successful linking to, redirection to or delivery of the applicable XK Publishing Inc. website page.  In addition, you may not insert any intermediate page, splash page or other content between the RSS link and the applicable XK Publishing Inc. website page.

XK Publishing Inc. retains all copyright ownership and other legal rights in the RSS Content, as well as all ownership and other rights in any logos, trade or service marks used in connection with our RSS service. You must provide attribution to the appropriate XK Publishing website in connection with your use of the RSS feeds.  If you provide this attribution using a graphic, you must use the appropriate XK Publishing Inc. website’s logo that has been incorporated into the RSS feed that you receive.

In its sole and unfettered discretion, XK Publishing Inc. reserves the right to discontinue or refuse to provide RSS feeds to you at any time and to require you to cease displaying, distributing or otherwise using any or all of its RSS feeds for any reason including, without limitation, your violation or alleged violation of any provision of these Terms, or for any other reason which XK Publishing Inc. believes appropriate.

XK Publishing Inc. assumes no liability whatsoever for, or in connection with, your use, access, display or receipt of its RSS feeds.  The RSS Content, as with the rest of the content of our website and the services available via our website, may contain errors, omissions, inaccuracies, outdated information, inadequacies or other harmful content.  You agree to be bound by the Disclaimer of Warranty/Limitation of Liability set forth above with respect to your use of our RSS service, as with your use of the rest of our website and any other service available through it.

COPYRIGHT CLAIMS

XK Publishing Inc. respects the intellectual property rights of others, and under appropriate circumstances will terminate access to the website by and/or the username of users who infringe the copyrights of third parties.  If you believe that the copyright in your work has been infringed on the website, please provide written notice of your claim to our Copyright Agent identified below and include all of the information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512.

The notice of your claim of copyright infringement should be sent to:

Copyright Agent

[Name]

XK Publishing Inc.

[Address]

[Fax]

[Email Address]

MODIFICATION/CONSTRUCTION OF TERMS

XK Publishing Inc. reserves the right to modify these Terms at any time without notice to you by posting revised terms and conditions.  Your access to or use of the Site following the modification of these Terms shall constitute your binding acceptance of, and agreement to be bound by, those modified Terms.

These Terms were last updated in May 2008.

If any provision of these Terms shall be held unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.