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ACCEPTANCE
OF TERMS South Bay Exiles Rugby Club ("Exiles") makes
available for your use on this Web site (the "Site")
information, documents, software and products (collectively,
the "Materials") and various services operated by South
Bay Exiles Rugby Club (collectively, the "Services"),
subject to the terms and conditions set forth in this
document (the "Terms of Use"). By accessing or using
this Site, which includes your access to or use of
any of the Services, you agree to the Terms of Use.
South Bay Exiles Rugby Club reserves the right to change
the Terms of Use from time to time at its sole discretion.
Your use of the Site will be subject to the most current
version of the Terms of Use posted on the Site at the
time of such use. In addition, when using particular
Services or Materials on this Site, you shall be subject
to any posted guidelines or rules applicable to such
Services or Materials that may contain terms and conditions
in addition to those in the Terms of Use. All such
guidelines or rules are hereby incorporated by reference
into the Terms of Use. If you breach any of the Terms
of Use, your authorization to use this Site automatically
terminates and you must immediately destroy any Materials
downloaded or printed from the Site. <top>
COPYRIGHT;
LIMITED LICENSE The Materials and Services on this
Site are protected by copyright and/or other intellectual
property laws and any unauthorized use of the Materials
or Services at this Site may violate such laws. Except
as expressly provided herein, South Bay Exiles Rugby
Club and its suppliers do not grant any express or
implied right to you under any patents, copyrights,
trademarks, or trade secret information with respect
to the Materials and Services. Except as specifically
permitted herein, no portion of the information or
documents on this Site may be reproduced in any form
or by any means without the prior written permission
of South Bay Exiles Rugby Club. Use of Software. The
software and accompanying documentation that are made
available to download from this Site are the copyrighted
work of South Bay Exiles Rugby Club and/or its suppliers.
Use of the software is governed by the terms of the
end user license agreement that accompanies or is included
with such software. You will not be able to download
or install any software that is accompanied by or includes
an end user license agreement unless you agree to the
terms of such end user license agreement. If you do
not agree to such terms, you will not be able to use
the software. You may not decompile, reverse engineer
or otherwise attempt to discover the source code of
the software available on the Site. Use of Site Information.
Except as otherwise indicated elsewhere on this Site,
you may view, download and print the documents and
information available on this Site subject to the following
conditions: The documents and information may be used
solely for personal, informational, internal, non-commercial
purposes. The documents and information may not be
modified or altered in any way. The documents and
information on the Site may not be distributed. You
may not remove any copyright or other proprietary notices
contained in the documents and information. South Bay
Exiles Rugby Club reserves the right to revoke the
authorization to view, download and print the documents
and information available on this Site at any time,
and any such use shall be discontinued immediately
upon written notice from South Bay Exiles Rugby Club.
The rights granted to you constitute a license and
not a transfer of title. The rights specified above
to view, download and print the documents and information
available on this Site are not applicable to the design
or layout of this Site. Elements of this Site are protected
by trade dress and other laws and may not be copied
or imitated in whole or in part.<top>
USE
AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD
You are responsible for maintaining the confidentiality of your account number
and/or password, if applicable. You are responsible
for all uses of your account, whether or not
actually or expressly authorized by you. <top>
WARRANTIES
AND DISCLAIMERS EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND South Bay Exiles
Rugby Club, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, South Bay Exiles Rugby Club MAKES
NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE
SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE
OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES
ARE LIMITED TO NINETY (90) DAYS. THIS SITE COULD INCLUDE TECHNICAL
OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. South
Bay Exiles Rugby Club MAY MAKE CHANGES TO THE MATERIALS AND SERVICES
AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS
LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES
AT THIS SITE MAY BE OUT OF DATE, AND South Bay Exiles Rugby Club
MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. South
Bay Exiles Rugby Club ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS
IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES
WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER
CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL
South Bay Exiles Rugby Club OR ITS SUPPLIERS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER OR NOT South Bay Exiles Rugby Club HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS
SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. THE USE OF THE SERVICES OR THE DOWNLOADING
OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE
AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM South
Bay Exiles Rugby Club OR THROUGH OR FROM THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. <top> |
THIRD
PARTY SITES This Site contains links to third-party
Web sites that are not under the control of South Bay
Exiles Rugby Club. South Bay Exiles Rugby Club makes
no representations whatsoever about any other Web site
to which you may have access through this Site. When
you access a non-South Bay Exiles Rugby Club Web site,
you do so at your own risk and South Bay Exiles Rugby
Club is not responsible for the accuracy or reliability
of any information, data, opinions, advice, or statements
made on these sites or for the quality of any products
or services available on such sites. South Bay Exiles
Rugby Club provides these links merely as a convenience
and the inclusion of such links does not imply that
South Bay Exiles Rugby Club endorses or accepts any
responsibility for the content or uses of such Web
sites. This Site can be accessed from other countries
around the world and may contain references to South
Bay Exiles Rugby Club' products, services, and programs
that have not been announced in your country. These
references do not imply that South Bay Exiles Rugby
Club intends to announce such products, services or
programs in your country. <top>
PERSONAL
INFORMATION AND PRIVACY To learn about
how South Bay Exiles Rugby Club protects your personal information,
such as your name and address, please contact the webmaster. Please
note that any non-personal information or material sent to South
Bay Exiles Rugby Club will be generally be deemed to NOT be confidential.
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LICENSE
FOR USER CONTENT Certain Services offered on this Site
accommodate or require user-supplied information, materials
or communications (collectively, 'User Content'). Depending
upon the nature of the Service, by submitting User
Content to this Site you grant South Bay Exiles Rugby
Club one of the following two types of licenses: For
User Content that is the result of your creative efforts,
such as examples of work you have done using South
Bay Exiles Rugby Club products, you hereby grant South
Bay Exiles Rugby Club a worldwide, royalty-free, non-exclusive
license to reproduce and modify (for purposes of formatting,
maintenance or Site administration only) such User
Content. You also grant South Bay Exiles Rugby Club
the right to distribute and publicly display and perform
such User Content for the purpose for which such User
Content was submitted to the Service. This license
will be in effect until such User Content is removed
from the Site. For User Content such as comments to
the South Bay Exiles Rugby Club User to User Forums,
bug reports, piracy reports or product suggestions,
you grant South Bay Exiles Rugby Club an unrestricted,
worldwide, irrevocable license to use, reproduce, display,
perform, modify, transmit and distribute such User
Content, and you also agree that South Bay Exiles Rugby
Club is free to use any ideas, concepts, know-how or
techniques that you send us for any purpose. However,
we will not release your name or otherwise publicize
the fact that you submitted such User Content to us
unless: (a) you grant us permission to do so; (b) we
first notify you that the User Content you submit to
a particular part of the Site will be published or
otherwise used with your name on it; or (c) we are
required to do so by law. <top>
PROHIBITED
COMMUNICATIONS You may only submit to the
Site, User Content that is (a) owned by you, (b) submitted with
the express permission of the owner, or (c) in the public domain.
You are prohibited from posting or transmitting to or from this
Site any unlawful, threatening, libelous, defamatory, obscene,
pornographic, or other materials that would violate any law or
the rights of others, including without limitation, laws against
copyright infringement. Violation of these restrictions may result
in limitations on access by you to this Site. MANAGING USER CONTENT
AND COMMUNICATIONS South Bay Exiles Rugby Club reserves the right,
in its sole discretion, to delete or remove your User Content from
the Site and to restrict, suspend or terminate your access to all
or part of this Site, at any time for any reason without prior
notice or liability. South Bay Exiles Rugby Club may establish
general practices and limits on the use of any Service, including,
but not limited to, limits on retention time, file size, and storage
space for User Content. South Bay Exiles Rugby Club shall have
no liability or responsibility for the deletion or failure to store
any information or materials in connection with any Service. South
Bay Exiles Rugby Club may, but is not obligated to, monitor or
review (i) any areas on the Site where users transmit or post User
Content, including but not limited to areas where Services are
available, or chat rooms, bulletin boards or other user forums,
and (ii) the substance of any User Content. To the maximum extent
permitted by law, South Bay Exiles Rugby Club will have no liability
related to User Content arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. South Bay Exiles Rugby Club also
disclaims all liability with respect to the misuse, loss, modification,
or unavailability of any User Content. <top>
USER
FORUMS In addition to these Terms of Use,
users of the South Bay Exiles Rugby Club User To User Forums must
agree to a separate legal agreement located within the Forums Registration
area of the Site. <top>
NOTIFICATION
OF COPYRIGHT INFRINGEMENT South Bay Exiles
Rugby Club will, in appropriate circumstances, terminate the accounts
of users who infringe the intellectual property rights of others.
If you believe that your work has been used or copied in a way
that constitutes copyright infringement and such infringement is
occurring on this Site or on sites linked to from this Site, please
provide South Bay Exiles Rugby Club' Copyright Agent a Notice containing
the following elements: a physical or electronic signature of the
person authorized to act on behalf of the
owner of the copyright interest that is alleged to have been infringed;
a description of the copyrighted work or works that you claim have
been infringed and identification of what material in such work(s)
is claimed to be infringing and which you request to be removed
or access to which is to be disabled; a description of where the
material that you claim is infringing is located on the South Bay
Exiles Rugby Club site; information sufficient to permit South
Bay Exiles Rugby Club to contact you, such as your physical address,
telephone number, and email address; a statement by you that you
have a good faith belief that the use of the material identified
in your Notice in the manner complained of is not authorized by
the copyright owner, its agent, or the law; a statement by you
that the information in your Notice is accurate and, under penalty
of perjury, that you are the copyright owner or authorized to act
on the copyright owner's behalf. for Notice of claims of copyright
infringement, South Bay Exiles Rugby Club' Webmaster can be reached
as follows:
By mail:
Webmaster
South Bay Exiles Rugby Club
100 Skyway Drive
San Jose, CA 95111
By telephone: (408) 513.2556
By email: rugbymike@sbcglobal.net
THE WEBMASTER SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN
USED OR COPIED IN A WAY THAT CONSTITUTES
COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS
SITE OR ON SITES LINKED TO FROM THIS SITE. <top> INDEMNITY
You agree to indemnify and hold South Bay Exiles Rugby Club, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, any User Content), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by South Bay Exiles Rugby Club from its offices within the state of California, United States of America. By accessing this Site, you and South Bay Exiles Rugby Club agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and South Bay Exiles Rugby Club also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California with respect to such matters. South Bay Exiles Rugby Club makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
TRADEMARK INFORMATION
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of South Bay Exiles Rugby Club or other third parties. You are not permitted to use the Marks without the prior written consent of South Bay Exiles Rugby Club or such third party, which may own the Marks. South Bay Exiles Rugby Club and the South Bay Exiles Rugby Club logo are trademarks of South Bay Exiles Rugby Club.
Copyright (c) 2007 South Bay Exiles Rugby Club. All rights reserved.
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