1. Your Acceptance
- By using or visiting the Ohio Valley Athletics website provided to you on, from, or through the Ohio Valley Athletics website (collectively the “Service”) you signify your agreement to these terms and conditions (the “Terms of Service”). If you do not agree to any of these terms please do not use the Service.
- Ohio Valley Athletics may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
- These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, links, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Ohio Valley Athletics, including but not limited to all products, software and services offered via the Ohio Valley Athletics website.
- The Service may contain links to third party websites that are not owned or controlled by Ohio Valley Athletics. Ohio Valley Athletics has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Ohio Valley Athletics will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Ohio Valley Athletics from any and all liability arising from your use of any third-party website.
3. Ohio Valley Athletics Forum Accounts
- In order to access some features of the Service, you will have to create a free Ohio Valley Athletics account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Ohio Valley Athletics immediately of any breach of security or unauthorized use of your account.
- Although Ohio Valley Athletics will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Ohio Valley Athletics or others due to such unauthorized use.
- In the unlikely event that personal information would be comprimised, Ohio Valley Athletics is not responsible for any loss, of any means, what-so-ever.
4. General Use of the Service—Permissions and Restrictions
Ohio Valley Athletics hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without Ohio Valley Athletics’s prior written authorization, unless Ohio Valley Athletics makes available the means for such distribution through functionality offered by the Service (such as Social networking links).
- You agree not to alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than access provided by your free account.
- You agree not to use the Service for any of the following commercial uses unless you obtain Ohio Valley Athletics’s prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Ohio Valley Athletics appears on the same page and is of sufficient value to be the basis for such sales.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Ohio Valley Athletics, subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Ohio Valley Athletics on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Ohio Valley Athletics or the respective licensors of the Content. Ohio Valley Athletics and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Ohio Valley Athletics is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ohio Valley Athletics with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Ohio Valley Athletics, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content and Conduct
- As a Ohio Valley Athletics account holder you may submit Content to the Service, including videos and user comments. You understand that Ohio Valley Athletics does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Ohio Valley Athletics all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Ohio Valley Athletics, you hereby grant Ohio Valley Athletics a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Ohio Valley Athletics’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Ohio Valley Athletics may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Ohio Valley Athletics all of the license rights granted herein.
7. Account Termination Policy
- Ohio Valley Athletics will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- Ohio Valley Athletics reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Ohio Valley Athletics may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
8. Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 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 site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Before you start posting, please take a minute and review our rules. A strict adherence to these rules is mandatory and if you decide not to follow them, you may find your posting privileges suspended. You do not have to pay to use these forums, everything is free – in return I ask that you simply follow some simple rules.
2. Flaming/Insulting is not allowed. We expect people to conduct themselves with class.
3. Racist comments will not be tolerated anywhere on the forums, no matter what the context.
4. Please make sure you post topics in the appropriate forums.
5. Pornographic and indecent material is prohibited in all areas of the site.
6. Spamming threads, emails, and user private messages is prohibited.
7. No unwarranted personal attacks on people individually.
As the site grows, rules may be subjected to change.
10. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OHIO VALLEY ATHLETICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. OHIO VALLEY ATHLETICS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. EPLOREPITTSBURGH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EPLOREPITTSBURGH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
11. Limitation of Liability
IN NO EVENT SHALL OHIO VALLEY ATHLETICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT OHIO VALLEY ATHLETICS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE WEBSITE KNOWN AS OVATHLETICS.COM HAS NO DIRECT OR INDIRECT AFFILIATION WITH ANY ATHLETIC CONFERENCES, LEAGUES, AND/OR ORGANIZATIONS. THIS SITE IS NOT RESPONSIBLE, NOR DOES IT NECESSARLY SHARE THE VIEWS, EXPRESSIONS, AND/OR COMMENTS PROVIDED FROM AND BY THE MEMBERS OF THIS SITE.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on OVathletics.com are registered and unregistered trademarks of Ohio Valley Athletics. Nothing contained on OVathletics.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on OVathletics.com without the written permission of Brian Gossett and/or Ohio Valley Athletics affiliates. Your misuse of the Trademarks, or any other content displayed on OVathletics.com, except as provided herein, is strictly prohibited.