We have the right at Our sole discretion to terminate your access to and use of the Services and/or remove any of your content should We consider your statements or conduct to be inaccurate, inappropriate, illegal, obscene, defamatory, threatening, an infringement of intellectual property or other rights, an invasion of privacy, injurious, objectionable or otherwise in violation of these Terms or applicable law. We do not provide you with the equipment to access the Website. You are responsible for all fees charged by third parties to access the Website (e.g., charges by internet service providers).
You may not use Our name to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as institutionally endorsed by Us or by Our sponsors, partners or any related organizations is strictly prohibited.
You understand that all content posted to the Website is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of the Website are expressed strictly in their individual capacities, and not as Our representatives or any of Our sponsors or partners. The opinions you or others post to the Website do not necessarily reflect Our opinions.
By posting content to the Website, you warrant and represent that you own or otherwise control all of the rights to that content, including without limitation all rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly or with intent to defraud provide misleading material or false information. You represent and warrant that any content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information. We caution you not to disclose personal information about yourself or your children, e.g., social security numbers, credit card numbers, etc.
We ask that you respect Our online community and participating individuals. Your conduct should be guided by common sense and basic etiquette. Regarding the posting of comments, photos, videos, music, links or any other content (“Submissions”), YOU AGREE NOT TO:
o Use the Website in a manner that violates any applicable laws or regulations, either state or federal.
o Post or transmit any material (i) for which you do not have the right to transmit under applicable law, including copyright, trademark, trade secret or securities laws or (ii) in violation of your obligations to any third party, including nondisclosure agreements.
o Intentionally seek information on other users without their express permission; obtain copies of or modify files, passwords or other data belonging to other users without their express permission; solicit other users’ passwords or other account information; or harvest user names, email addresses or other personal information for any purpose.
o Impersonate any person, falsely state or otherwise misrepresent your affiliation with a person or entity.
o Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others; use racially, ethnically or otherwise offensive language; discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
o Post Submissions that contain nudity, violence, or offensive subject matter.
o Post photographs or videos of another person without such person’s consent or otherwise invade anyone’s privacy through your Submissions.
o Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy or conduct that is abusive, threatening, obscene, defamatory or libelous.
o Promote religious intolerance, homophobia, or post personal attacks when using the Website.
o Engage in or facilitate the transmission of unsolicited mass mailing, provide or post to the Website any Submission that constitutes junk mail, spam, advertising and/or commercial offers.
o Harvest or otherwise collect information about others, including email addresses, or use information obtained from Our Services to send other users unsolicited email of any kind.
o Sell or otherwise transfer your profile or account on the Website to another person or entity.
o Use Our facilities, services or resources in a manner that interferes with or disrupts other network users, services or equipment. Such interference or disruption includes but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the Website to make unauthorized entry to other computational, information or communications devices or resources and (iii) use of automated processes to interact with the Website, such as scripts to harvest data. This also includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
We reserve the right to investigate and take legal action against anyone who, at Our sole discretion, We determine to have violated the restrictions set forth in these Terms, including without limitation removal any offending profile information or Submission and termination and/or suspension of your access to the Website or any portion thereof without notice or reason.
You agree to indemnify and hold Us and Our subsidiaries, affiliated companies, officers, agents and employees harmless in any and all claims, demands, damages, costs and expenses (actual and consequential), including attorneys’ fees, that arise from or otherwise relate to your use of the Website. Any content you supply to the Website, your violation of these Terms or of any rights of a third party through use of the Website is your responsibility.
You agree that Tailgate Sports will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted to the Website. Materials on the Website are provided “as is.” We make no warranties, express or implied, and hereby disclaim and negate all other warranties, including without limitation implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights. We do not warrant or make any representations concerning the accuracy, likely results or reliability of materials on the Website or otherwise relating to such materials or any other sites linked to the Website.
The Website is provided for informational and entertainment purposes only, and no content included on the Website is intended for trading or investing purposes. We are not responsible or liable for the accuracy or availability of any information appearing or available on the Website, or for any trading or investment decisions made based on such information.
We may enable you to establish an account with a username and password to access and use Our Services. If so, you are responsible for maintaining the strict confidentiality of your password and are responsible for any activity occurring through the use of your account and password. You agree to immediately notify Us of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
Links and Third Party Content
The Website and postings therein may contain links to third party products, services and other sites. We exercise no control over said third party products, services and sites and We are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising or other materials available through the third party products, services and sites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services and sites. The inclusion of links by Us or by Our users does not imply endorsement of these sites by Us or any association with their operators.
The Website is not intended for use by children under the age of 13 (“Minor Children”), and collecting personal information from Minor Children through the Services of the Website is strictly prohibited. Minor Children are not allowed to provide any personal information or use Our public discussion areas, forums or chats. No content should be directed toward Minor Children by other users. Minor Children are not eligible to use the Website, and We do not knowingly accept their personal information. Minors between the ages of 13 and 17 must have the permission of a parent or legal guardian before making purchases, including subscriptions, on the Website.
If Minors disclose information about themselves in publicly accessible areas of the Website, they may receive unsolicited messages from other parties. Accordingly, it is the responsibility of their parent(s) or legal guardian(s) to prevent them from doing so.
We respect the intellectual property of others and require that Our users do the same. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please report it to Us via email at [email protected] or in writing. Notice of claimed infringement should be directed to:
1 MetroTech Center North, 3rd Floor
Brooklyn, NY 11201