Welcome to ProPlayerInsiders.com (the “Site”). The Site is the online and mobile service of ProPlayerInsiders, LLC (“PPI”). Please read these Terms and Conditions before using, or submitting content in any form or medium for publication on, the Site. By accessing or continuing to use the Site, or by submitting content for publication on the Site, you agree to abide, and that you are bound, by these Terms and Conditions and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of the Site. We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of the Site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Site shall be subject to these Terms and Conditions. The most current version of these Terms and Conditions can be viewed at any time at: www.ProPlayerInsider.com.
1. We May Discontinue or Suspend The Site or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that PPI shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. In addition, we reserve the right to terminate your access to the Site for any reason, and to take any other actions that PPI, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
You can browse and enjoy the Site without registering for a PPI account. However, in order to post any comments or submit content or access certain features of the Site, we may require you to register for an account with PPI and select a screen name and password. You may not select or use as a screen name that we determine to be offensive, vulgar or obscene, in our sole determination. When creating your account, you agree to provide accurate and complete information. We reserve the right to refuse or reclaim screen names that we believe legally belong to other individuals or businesses. You are responsible for maintaining the confidentiality of your password. By connecting to PPI with a third-party service like Facebook, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in information for that service.
2. We Have All Rights In The Site and Our Content; You Grant Us Certain Rights When You Submit Content to Us:
(a) The Site (including all text, photographs, graphics, video and audio content contained on the Site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising the Site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on the Site.
(b) By posting or submitting content on or to the Site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors a non-exclusive, perpetual, royalty-free, worldwide, license and right to display or publish such content on the Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to the Site we may authorize such content to be distributed or syndicated to or published on other PPI-branded environments.
3. You Have Rights if You Believe Your Copyright is Being Infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 (c)) to our Copyright Agent with the following information: (I) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (II) a description of the copyrighted work that you claim has been infringed; (III) the URL of the location containing the material that you claim is infringing; (IV) your address, telephone number, and email address; (V) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (VI) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached as follows by email: copyrightagent@ProPlayerInsider.com
Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
4. Your Use of Our Content is Restricted:
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Site or any content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section 4(a)), you may not distribute any part of the Site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on the Site; accordingly, you may from time to time excerpt and use materials set forth on the Site consistent with the principles of “fair use”.
(b) We are concerned about the integrity of the Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of the Site. Neither you nor any third party shall make use of the contents of our site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
5. We are an Internet Service Provider, e.g., We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of PPI. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through the Site, PPI is not undertaking any obligation or liability relating to the content. PPI and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Site for inappropriate or unlawful content. PPI and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, PPI reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
6. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless PPI and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions, your use of and access to the Site, any breach by you of your representations and warranties hereunder, any violation by you of any third-party right, including, without limitation, any right of privacy, copyright or other intellectual property rights. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 6. In such event, you shall provide us with such cooperation as is reasonably requested by us.
7. Your Use of The Site is Subject to Certain Disclaimers: THE SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THE SITE OR AVAILABLE THROUGH LINKS ON THE SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SITE AND ANY MATERIALS AVAILABLE THROUGH THE SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
THE SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON THE SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
8. We are Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to the Site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
9. We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
10. Our Liability to You is Limited: PPI and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Under no circumstances will PPI be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Site or your account or the information contained therein.
PPI is an entity formed in and existing within and under the laws of the United States and the Site is controlled from its facilities in the United States. PPI make no representation that the Site is appropriate or available for use in locations outside the United States. Those who access or use the Site from outside the United States do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise expressly provided, all materials found on the Site are directed solely to individuals, companies or other entities located within the United States.
Any claim against us shall be limited to the lesser of $100 in the aggregate or amount you paid, if any, for use of the Site.
11. Any Dispute Between Us Will be Governed by New York Law and Will Be Resolved by Arbitration: These Terms and Conditions shall be governed by the laws of the United States and the State of New York, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE THE SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
You agree that the Site is deemed to be based solely in New York and that the business of the Site is a passive one that does not give rise to personal jurisdiction over PPI in any jurisdiction other than New York.
You agree that in the case of any dispute with PPI, you will first contact us at support@ProPlayerInsiders.com and attempt to resolve the dispute informally. In the event such resolution cannot be achieved, we each agree to resolve any claim, dispute, or controversy (other than PPI claims for injunctive or other equitable relief) arising out of or in connection with tor relating to the Terms and Conditions or your use of the Site or the breach thereof (collectively, “Claims”) by binding arbitration by the American Arbitration Association (the “AAA”) under the Commercial Arbitrations Rules and Supplementary Procedures for Consumer Related disputes then in effect for the AAA, except as provided herein. Unless you and PPI agree otherwise, the arbitrations will be conducted in the county where you reside. Each party will be responsible for paying the AAA any filing or administrative fees. The award rendered by the arbitrator shall include costs, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award may be entered in any court of competent jurisdiction. Nothing in this section, however, shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AN DNOT AS A PLAINTIFF OR CLASS MEMBER IN ANY URPORTED CLASS OR REPRESENTATIVE PROCEEDING AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND PPI AGREE THAT WE EACH ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12. Updates to this User Agreement: We reserve the right, in our sole discretion, to modify or replace any or all of the Terms and Conditions from time to time, and so you should review them periodically. When we make any material change, we will change the Effective Date below.
Effective Date: September 3, 2012
