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1. OWNERSHIP AND USE RESTRICTIONS
WNBA.com is owned by WNBA Enterprises, LLC ("WNBAE") and shall be referred to herein as the "Operator."
The Operator maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site to any single computer only for your personal, noncommercial use, provided you also maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, display, modify, transmit, reuse, repost, or use any materials of the Site for public or commercial purposes on any other Web site or otherwise without the written permission of the Operator. Modification of any materials displayed on the Site is a violation of the Operator’s copyright and other proprietary rights.
2. MESSAGE FEATURES
You must use Message Features in a responsible manner. You must not transmit any message ("Message") in connection with any Message Feature that: (i) restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature.
Although the Operator may from time to time monitor or review Messages submitted in discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, the Operator is under no obligation to do so and assumes no responsibility or liability arising from the content of any Message nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Message in any Message Feature does not constitute approval or endorsement by the Operator.
By transmitting any Message (see Paragraph 2 above regarding "Messages") or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, "Submissions"), you are automatically granting the Operator a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Messages and Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes (collectively, "Rights"). This means that anything submitted by you to WNBA.com will be owned by WNBAE and may be used by WNBAE for any purpose, now or in the future, without any payment to, or further authorization by, you. All Submissions, whether solicited or unsolicited, shall become and remain the property of the Operator. The Operator also has the right, but not the obligation, to use your name in connection with the broadcast, print, online or other use or publication of your Submission.
A. Solicited Submissions: At times, the Operator may solicit Submissions from visitors to WNBA.com, including, but not limited to, information, ideas, artwork or other materials. For information on how solicited Submissions will be used, please review any notices of planned use posted where we solicit the Submission. Your provision of information in response to such a solicitation is a grant by you to the Operator of the Rights described above.
B. Unsolicited Submissions: Although we are pleased to hear from WNBA fans and welcome your comments regarding the Site and the WNBA, unfortunately, the Site's policy does not permit it to accept or consider unsolicited Submissions. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Operator or the WNBA might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions, we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future WNBA products or programs. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of the Operator. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operator of the Rights described above.
4. VOTES, CONTESTS AND SWEEPSTAKES
The following restrictions apply to all links to the Site from any on-line, cable, wireless or other site, service or browser:
A. On-line, cable, wireless or other sites, services or browsers created by, licensed by or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Gatorade) or service (e.g., Internet service providers or ticket sellers) (a "Commercial Site") may not link to WNBA.com without the written permission of WNBAE, even if the page/area where the link originates does not promote a product, brand or service.
B. Sites, services or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engines, widely available Internet browsers) ("Permissible Sites") may link to WNBA.com without the express written permission of WNBAE if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "WNBA.com," "The Official Site of the Women’s National Basketball Association," or "The Official Site of the Liberty"); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.
C. The WNBA.com logo or any other logo of the WNBA or its teams (a "logo" link) may not be used to link to WNBA.com without the written permission of WNBAE.
D. No link to the Site may be "framed" by the Permissible Site where the link originated if such "frame" contains any sponsorship, advertising or other commercial text or graphics.
E. All links to Site from a Permissible Site must be to the Site's home page or to the homepage of a particular team -- links to internal pages within the Site (e.g., a player page, a photo gallery or a feature article) other than to the home page of a team are not permitted.
F. The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.
6. WNBA STORE ON WNBA.COM
A. The WNBA Store on WNBA.com (the "Store") allows you to order products (the "Merchandise") supplied by an independent merchandise vendor, Footlocker.com, Inc. and managed by an independent operator, Amazon.com. By placing an order in the Store, you acknowledge that Footlocker.com is exclusively responsible for the fulfillment and shipment of all Merchandise ordered. Footlocker.com can be reached by using the contact information provided below.
B. By placing an order in the Store, you agree to pay Amazon.com all amounts accrued in your account, including sales tax and shipping and handling charges, when due. Your ability to purchase Merchandise is subject to limits established by the Operator, Amazon.com or your credit card issuer. Amazon.com may bill your credit card at the time Merchandise is ordered. Amazon.com may, in its sole discretion, decline service to or terminate your Site account without notice.
C. The Operator reserves the right, in its sole discretion, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer.
D. You may have the option to personalize certain Merchandise ordered on the Store (e.g., jerseys, basketballs). The Operator reserves the right, in its sole discretion, without prior notice, to refuse to fulfill any order for Merchandise containing personalized content which the Operator deems to be illegal, offensive or inappropriate.
E. Questions relating to the Store, Merchandise and its fulfillment should be directed to Footlocker.com either by: (i) e-mail to firstname.lastname@example.org or (ii) telephone at 800-NBA-0548 for callers within the United States or (715) 261-9360 for callers outside of the United States. You may also refer to the Help – Contact Us section of the Store for more information.
7. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY
While the Operator uses reasonable efforts to include accurate and up to date information in the Site, the Operator makes no warranties or representations as to its accuracy. The information contained in or made available through the Site (including, but not limited to information contained on Message Features or text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. The Operator assumes no liability or responsibility for any errors or omissions in the content of the Site.
The Operator and its respective affiliates, owners, employees, directors, officers or shareholders (collectively, the "Operator Parties") make no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, county or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATOR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATOR PARTIES DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL THE OPERATOR PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATOR PARTIES' AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.
The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers of the Site. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operator or any affiliate of any third party site or content. The Operator is not responsible for the availability of these third party resources, or their contents. The Operator has not reviewed any or all of the sites linked to the Site and are not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk and without the permission of the Operator. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operator with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster.
The Operator may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user's e-mail address if on record in the Operator's account information, or by written communication sent by first class mail to a user's address if on record in the Operator's account information. You may give notice to the Operator (such notice shall be deemed given when received at any time by any of the following means):
1. electronic mail to FanRelations@nba.com;
2. letter faxed to WNBAE at the following fax number: (212) 888-7931;
3. letter delivered by first class postage prepaid mail or courier to WNBA Enterprises, LLC at the following address:
WNBA Enterprises, LLC
450 Harmon Meadow Blvd.
Secaucus, NJ 07094
Attn: Legal Department
10. TERMINATION OF SERVICE
Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Operator does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
12. CHOICE OF LAW
LAST UPATED: June 17, 2003
Copyright 2003 WNBA Enterprises, LLC All rights reserved.