Terms of Use

 

SPORTSMARKETINGPERSPECTIVE.COM Terms of Use

Welcome to the Sports Marketing Perspective website, www.sportsmarketingperspective.com, owned and operated by Sports Marketing Perspective (“SMP”). Except as otherwise noted herein, these terms of use (the “Terms of Use”) govern your use of the Sports Marketing Perspective website and any other online or mobile website applications or digital services operated by Sports Marketing Perspective on behalf of itself and/or its affiliates that post a link to these Terms of Use (collectively, the “Site”).

 

Please read these Terms of Use carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not access or use the Site. Sports Marketing Perspective reserves the right to make changes to the Site and to these Terms of Use from time to time. For this reason, Sports Marketing Perspective encourages you to review these Terms of Use whenever you use our Site because by visiting the Site, you agree to accept any such changes. Sports Marketing Perspective provides you with access to and use of the Site subject to your compliance with these Terms of Use.

 

Trademarks, copyrights, and restrictions

 

All material on the Site, including, but not limited to images, photographs, characters, names, graphics, logos, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other rights which are owned and/or controlled by Sports Marketing Perspective or its affiliates, or by other parties that have licensed their material to Sports Marketing Perspective. You may use material from the Site only for your own personal, non-commercial use. Unauthorized modification of the materials or use of the materials for any other purpose is a violation of the Federal copyright and trademark laws and other proprietary rights. Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without express authorization. The use of any such material on any other website or networked computer environment, unless expressly authorized, is prohibited.

 

Copyrights

 

Sports Marketing Perspective respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sports Marketing Perspective the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact: info@sportsmarketingperspective.com

 

Privacy

 

Sports Marketing Perspective respects the privacy of the visitors to the Site. To see the Site’s Privacy Policy, please click here.

 

Linked sites

 

The Site may contain links to other websites on the Internet ("Linked Sites"). Linked Sites maintained by affiliates of Sports Marketing Perspective are operated subject to their own terms of use. Sports Marketing Perspective is not responsible for the content of any Linked Site that is not affiliated with Sports Marketing Perspective. The links to these websites are for your convenience only, and you access them at your own risk.

 

Sports Marketing Perspective welcomes links to the Site. You may establish a link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your website by Sports Marketing Perspective, its affiliates, or any group or individual affiliated with Sports Marketing Perspective. You may not use on your website any logos, trademarks, service marks, or other copyrighted materials appearing on the Site, including but not limited to any logos or characters, without the expressed written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website any of the content or other materials on the Site without prior written consent.

 

Unsolicited creative submissions/communications

 

Sports Marketing Perspective does not accept or consider creative ideas, suggestions or materials other than those Sports Marketing Perspective has specifically requested. their own creative ideas, suggestions or materials. If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Submitted Material"), the Submitted Material shall be deemed and shall remain the property of Sports Marketing Perspective. None of the Submitted Material shall be subject to any obligation of confidence on the part of Sports Marketing Perspective and Sports Marketing Perspective shall not be liable for any use or disclosure of any Information. Sports Marketing Perspective shall exclusively own any now known or hereafter existing rights to the Submitted Material of every kind and nature throughout the universe and Sports Marketing Perspective and subsidiaries, or affiliates shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submitted Material.

 

Disclaimer

 

The materials on the site are provided “as is” and without warranties of any kind either express or implied. to the fullest extent permissible pursuant to applicable law, Sports Marketing Perspective disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Sports Marketing Perspective does not warrant that the functions contained in the materials will be without interruption or error-free, that defects will be corrected, or that Sports Marketing Perspective or the server that makes them available are free of viruses or other harmful components. Sports Marketing Perspective does not warrant or make any representations regarding the use or the results of the use of the materials on the site in terms of their correctness, accuracy, reliability, or otherwise. you (and not Sports Marketing Perspective) assume the entire cost of all necessary servicing, repair or correction. applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. the material that you read on the site is provided for entertainment purposes.

 

The information and opinions expressed in any bulletin boards, chat rooms, or other forums conducted on the site (“forums”) are not necessarily those of Sports Marketing Perspective or its affiliated or related entities or content providers, and Sports Marketing Perspective makes no representations or warranties regarding that information or those opinions. furthermore, neither Sports Marketing Perspective nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in the website.

 

Limitation of liability

 

To the fullest extent permissible by applicable law, in no event shall Sports Marketing Perspective, or its present or future parents or affiliated companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the site, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the site. you agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if Sports Marketing Perspective or its present or future parents or affiliated companies has been advised of the possibility of such loss or damage. without limiting the generality of the foregoing, you also specifically acknowledge that Sports Marketing Perspective and/or its present or future parents and affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the site or any other third parties.

 

If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

 

 

Jurisdictional issues

 

The Materials and all other content and features on the Site are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates. Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Florida applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.

 

 

Disputes/Arbitration. please read this section carefully - it may significantly affect your legal rights, including your right to file a lawsuit in court

 

Any dispute relating in any way to these Terms of Use, your visit to the Site, or to any transaction with Sports Marketing Perspective shall be submitted to confidential arbitration in Orlado, FL. However, if you have in any manner violated or threatened to violate any of Sports Marketing Perspective’ s intellectual property rights, Sports Marketing Perspective may seek injunctive or other appropriate relief in any state or federal court in the state of Florida. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

 

 

U.S. Export controls

 

Software from the Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

These Terms of Use were last updated on May 27th, 2018.