Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by DIAMOND BAR FOOTBALL AND CHEER, acceptance is expressly limited to these terms.
- Your DiamondBarPopWarner.com Accounts and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and DIAMOND BAR FOOTBALL AND CHEER may without obligation change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause DIAMOND BAR FOOTBALL AND CHEER liability. You must immediately notify DIAMOND BAR FOOTBALL AND CHEER of any unauthorized uses of your account or any other breaches of security. DIAMOND BAR FOOTBALL AND CHEER will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, any other format or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other web sites, and similar unsolicited promotional methods;
- your content is not named, defined or illustrated in a manner that misleads your readers or viewers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by DIAMOND BAR FOOTBALL AND CHEER or otherwise.
By submitting Content to DIAMOND BAR FOOTBALL AND CHEER for inclusion on the Website, you grant DIAMOND BAR FOOTBALL AND CHEER a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your content. If you delete Content, DIAMOND BAR FOOTBALL AND CHEER will use reasonable efforts to remove it from the Website, but you acknowledge that caching, flushing cache, or references to the Content may not be made or available immediately and third party cache flushing or content removal is not the responsibility of DIAMOND BAR FOOTBALL AND CHEER.
Without limiting any of those representations or warranties, DIAMOND BAR FOOTBALL AND CHEER has the right (though not the obligation) to, in DIAMOND BAR FOOTBALL AND CHEER’s sole discretion (i) to refuse or remove any content that, in DIAMOND BAR FOOTBALL AND CHEER’s reasonable opinion, violates any DIAMOND BAR FOOTBALL AND CHEER policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in DIAMOND BAR FOOTBALL AND CHEER’s sole discretion. DIAMOND BAR FOOTBALL AND CHEER will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay DIAMOND BAR FOOTBALL AND CHEER the one-time and/or monthly or annual subscription or registration fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for registration, product or service and will cover the use or fulfillment of that registration, product or service for a monthly or annual subscription period as indicated. PAYMENTS ARE NOT REFUNDABLE.
- Automatic Renewal.
Unless you notify DIAMOND BAR FOOTBALL AND CHEER before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize DIAMOND BAR FOOTBALL AND CHEER to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Service can be canceled at any time by submitting your request to DIAMOND BAR FOOTBALL AND CHEER in writing. You may also cancel Advertising by calling customer service to speak with your account representative.
- Fees; Payment. By either signing up for an account or completing registration sign up you agree to pay DIAMOND BAR FOOTBALL AND CHEER the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. DIAMOND BAR FOOTBALL AND CHEER reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to DIAMOND BAR FOOTBALL AND CHEER.
- Support. Your service includes access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time, with reasonable efforts by DIAMOND BAR FOOTBALL AND CHEER to respond within one business day, concerning the use of the Website. All support will be provided in accordance with DIAMOND BAR FOOTBALL AND CHEER standard services practices, procedures and policies.
- Responsibility of Website Visitors. DIAMOND BAR FOOTBALL AND CHEER has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, DIAMOND BAR FOOTBALL AND CHEER does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DIAMOND BAR FOOTBALL AND CHEER intends the Website to be a family oriented environment. However, the Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DIAMOND BAR FOOTBALL AND CHEER disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which DiamondBarPopWarner.com links, and that link to the Websites. DIAMOND BAR FOOTBALL AND CHEER does not have any control over those non-DIAMOND BAR FOOTBALL AND CHEER websites and webpages, and is not responsible for their contents or their use. By linking to a non-DIAMOND BAR FOOTBALL AND CHEER website or webpage, DIAMOND BAR FOOTBALL AND CHEER does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DIAMOND BAR FOOTBALL AND CHEER disclaims any responsibility for any harm resulting from your use of non-DIAMOND BAR FOOTBALL AND CHEER websites and webpages.
- Copyright Infringement and DMCA Policy. As DIAMOND BAR FOOTBALL AND CHEER asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify DIAMOND BAR FOOTBALL AND CHEER in accordance with DIAMOND BAR FOOTBALL AND CHEER’s Digital Millennium Copyright Act (“DMCA”) Policy. DIAMOND BAR FOOTBALL AND CHEER will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. DIAMOND BAR FOOTBALL AND CHEER will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of DIAMOND BAR FOOTBALL AND CHEER or others. In the case of such termination, DIAMOND BAR FOOTBALL AND CHEER will have no obligation to provide a refund of any amounts previously paid to DIAMOND BAR FOOTBALL AND CHEER.
- Intellectual Property. This Agreement does not transfer from DIAMOND BAR FOOTBALL AND CHEER to you any DIAMOND BAR FOOTBALL AND CHEER or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DIAMOND BAR FOOTBALL AND CHEER. DIAMOND BAR FOOTBALL AND CHEER, DiamondBarPopWarner.com and all other trademarks, service marks, graphics and logos used in connection with DiamondBarPopWarner.com and the Website are trademarks or registered trademarks of DIAMOND BAR FOOTBALL AND CHEER or DIAMOND BAR FOOTBALL AND CHEER’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DIAMOND BAR FOOTBALL AND CHEER or third-party trademarks.
- Advertisements. DIAMOND BAR FOOTBALL AND CHEER reserves the right to display advertisements on or within your content unless you have purchased an ad-free account.
- Attribution. DIAMOND BAR FOOTBALL AND CHEER reserves the right to display attribution links such as ‘Comment at DiamondBarPopWarner.com or any DIAMOND BAR FOOTBALL AND CHEER owned or associated website, social media account, or other form of communication on your content.
- Partner Products. By downloading, sharing or using a partner product from one of our partners, you agree to that partner’s terms of service. If you do not agree with such partner’s terms of service then do not download, share or use their product.
- Changes. DIAMOND BAR FOOTBALL AND CHEER reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Websites, following the posting of any changes to this Agreement constitutes acceptance of those changes. DIAMOND BAR FOOTBALL AND CHEER may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. DIAMOND BAR FOOTBALL AND CHEER may terminate your access to all or any part of the Websites at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DiamondBarPopWarner.com account (if you have one), you may simply discontinue using the Website. If you wish to terminate your service you will need to send an email with your information in it instructing us to cancel your Service or may simply call us at (855) 550-3400 to have it cancelled. Notwithstanding the foregoing, if you have a paid services account, such account can be terminated immediately by DIAMOND BAR FOOTBALL AND CHEER if you materially breach this Agreement and fail to cure such breach immediately upon DIAMOND BAR FOOTBALL AND CHEER’s notice to you thereof; provided that, DIAMOND BAR FOOTBALL AND CHEER can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. DIAMOND BAR FOOTBALL AND CHEER and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchant-ability, fitness for a particular purpose and non-infringement. Neither DIAMOND BAR FOOTBALL AND CHEER nor its suppliers and licensors, makes any warranty that the Websites, will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content through, the Websites at your own discretion and risk.
- Limitation of Liability. In no event will DIAMOND BAR FOOTBALL AND CHEER, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DIAMOND BAR FOOTBALL AND CHEER under this agreement during the twelve (12) month period prior to the cause of action. DIAMOND BAR FOOTBALL AND CHEER shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless DIAMOND BAR FOOTBALL AND CHEER, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between DIAMOND BAR FOOTBALL AND CHEER and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DIAMOND BAR FOOTBALL AND CHEER, or by the posting by DIAMOND BAR FOOTBALL AND CHEER of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DIAMOND BAR FOOTBALL AND CHEER may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.