Revised October 3, 2013
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All materials on this website are owned by Intersport, Inc. (“Service Provider”) or are used with permission – all rights reserved.
Your use of CelebTV.com (“the Site”) signifies your understanding of, and agreement with these Terms and Conditions of Use. If you do not agree with any of the following terms or conditions of use, you should not use CelebTV.com. Service Provider reserves the right to modify these Terms and Conditions of Use at any time. We encourage you to check back frequently to the Terms and Conditions of Use. By continuing to use the Site, you agree to be bound by such modifications.
Your failure to follow the terms and conditions listed below may result in suspension or termination of your access to certain CelebTV.com services, without notice, in addition to Service Provider’s other remedies.
1. COPYRIGHTS & OTHER PROPRIETARY RIGHTS
All materials on this CelebTV.com, including, but not limited to text, images, audio and video, illustrations, audio clips, video clips, in all media and formats (the “Materials”) are protected by copyrights which are owned or licensed by Service Provider. None of the Materials, nor any of the materials in other websites owned or operated by Service Provider, may be used by you in any manner for any purpose including but not limited to copying, reproducing, republishing, uploading, posting, transmitting, or distributing in any way without the prior written consent of Service Provider except as provided for herein.
Any modification of the Materials or use of the Materials for any other purpose without the prior written consent of Service Provider constitutes an infringement of Service Provider’s copyright and other proprietary rights. Use of the Materials on any other website or other networked computer environment without Service Provider’s prior written consent, is prohibited except as provided for herein.
In certain cases, you may be able to obtain a license to use individual video that appear on the Site through online functionality we have specifically designated (e.g. to e-mail a video to a friend or create an RSS link from the Site). In such cases, you will see a link next to the content.
By entering this Site, you acknowledge and agree that any name, logo, trademark, or service mark contained on this site is owned or licensed by Service Provider and may not be used by you without prior written approval. “CelebTV.com” and “Intersport” are trademarks and service marks of Service Provider. Service Provider will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information or images of places or people are either the property of Service Provider or used on the Site with permission. Nothing contained on this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks. Your use of any of these trademarks, etc. is prohibited unless specifically provided for on the Site. Any unauthorized use of these trademarks, etc. may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
3. USE OF THE SERVICE BY YOU
- Unless otherwise specified, CelebTV.com is intended for your personal, noncommercial use only. You may not authorize others to use any Materials on CelebTV.com. You are responsible for all use of CelebTV.com and the Materials by you. You also are responsible for all use of CelebTV.com and the Materials by others when you provide access to CelebTV.com.
- CelebTV.com is not intended for users under the age of 13, and Service Provider does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using CelebTV.com. Any information submitted by such users will not knowingly be used, posted, or retained by us.
- You must comply with all applicable laws, rules, and regulations while using the Site. The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on CelebTV.com, including without limitation, the “look and feel” of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Service Provider or its licensors. The copying, rearrangement, redistribution, modification, transmission, use, display, license, sale, creation of a derivative work, or publication by you, directly or indirectly, of any such content or Materials or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
- You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement or Service Provider.
- You agree not to disrupt, overwhelm, attack, modify, or interfere with CelebTV.com or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others’ use CelebTV.com. You further agree not to alter or tamper with any information or Materials on or associated with CelebTV.com.
- Other than connecting to Service Provider’s servers by http requests using a Web browser, you may not attempt to gain access to Service Provider’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator or otherwise.
- You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable nformation about users of the Site;
- You are prohibited from restricting or inhibiting any other person from use of the Site, and from interfering with or disrupting the operation of the Site or the servers or networks used to make the Site available or violating any requirements, procedures, policies, or regulations of such networks;
- You are prohibited from modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site.
Any other communication or material you transmit to the Site, such as questions, comments, suggestions, postings to the message boards (when available), or the like, will be treated as non-confidential and nonproprietary and will not be encrypted or otherwise secured. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete, or incomplete, we may terminate your use of the Site.
5. LIMITATION OF LIABILITY
By entering this site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this site is liable for any direct, incidental, consequential, indirect, special, or punitive damages, or any other losses, costs, or expenses of any kind (including, without limitation, lost profits, legal fees, expert fees, cost of procuring substitute services, lost opportunity, or other disbursements) which may arise, directly or indirectly, through the access to, use of, reliance on any material or content on the Site, or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site even if we have been advised of the possibility of such damages. Without limiting the foregoing, we assume no responsibility, and will not be liable, for any damages relating to or caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures, or delays in computer transmissions or network connections on account of your access to or use of the Site. We cannot and do not guarantee continuous, uninterrupted, or secure access to the Site.
Service Provider and all parties involved in creating, producing or delivering this site, assume no responsibility or liability which may arise from the content on its Message Boards thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
6. RELEASE OF LIABLITY
You agree to release, discharge, indemnify, and hold harmless Service Provider from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person from your participation in any of the activities on the Site or otherwise accessing this Site, including without limitation, your breach of these Terms and Conditions or the use by us or our designees of any rights granted by you.
Although the specifications, features, illustrations, equipment and other information contained in the Site are based upon up-to-date information, and while Service Provider makes all reasonable efforts to ensure that all Material on this site is correct, accuracy cannot be guaranteed and Service Provider makes no warranties or representations as to its accuracy and assume no liability or responsibility for any error or omission in the Material. All content information and materials contained in this site are provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SERVICE PROVIDER MAKES NO WARRANTY OR REPRESENTATION AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIAL ON THE WEBSITE, AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SERVICE PROVIDER FURTHER DOES NOT PROVIDE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE FOR PRODUCTS OR SERVICES ADVERTISED OR OTHERWISE AFFILIATED WITH CELEBTV. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY.
THE MATERIAL PROVIDED ON THE SITE IS FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES ONLY. NEITHER THE SERVICE PROVIDER, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENT, DISTRIBUTORS AND AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING BUT NOT LIMITED TO ACTUAL, CONSEQUENTIAL, OR PUNITIVE) LIABILITY, CLAIM, OR OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM ANY INFORMATION ON THE SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SERVICE PROVIDER, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CELEBTV.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, SERVICE PROVIDER, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
BY USING THIS WEBSITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SERVICE PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES AND/OR ASSIGNS FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS FEES) AND CAUSES OF ACTION ARISING OUT OF (A) YOUR USE OF, ACCESS TO, OR ACTIVITIES IN CONNECTION WITH, THE SITE AND (B) YOUR BREACH OF THE FOREGOING AGREEMENT.
9. LINKS TO THIRD PARTY SITES
Although this site may be linked to other sites, Service Provider is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this site you acknowledge and agree that Service Provider has not reviewed all the sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.
10. REVISION OF TERMS
Service Provider reserves the right to revise this legal information at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this site. By entering this site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the site to review these Terms and Conditions.
11. REVISION OF SITE
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; limit the Site’s availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some and all users of the Site. You agree that Service Provider will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, in whole or in part, or of any service, content, Submission, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
You agree that Service Provider, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including without limitation if Service Provider believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Upon any such termination, your right to use some portions, if not all, of the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Service Provider may immediately deactivate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Service Provider will not be liable to you or any third party for any termination of your access to the Site or to any such information or files or will be required to make such information or files available to you after any such termination.
13. ADDITIONAL TERMS
Service Provider makes no representation that materials on the Service are appropriate, available or legal in any particular location. Those who choose to access CelebTV.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Illinois applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Illinois. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.
14. VOID WHERE PROHIBITED
Although this Site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. In addition, not all persons may be able to participate, or win prizes, if applicable, in the sweepstakes, contests, raffles, surveys, or similar promotions made available through the Site. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion
Any failure by Service Provider to enforce any of its rights under these Terms and Conditions or applicable laws shall not constitute a waiver of such right. If any provision of these Terms and Conditions is found to be invalid, you and Service Provider shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms shall retain their full force and effect.
16. CONTACT INFORMATION
20 West Kinzie, Suite 1600
Chicago, IL 60610