AGREEMENT WITH TERMS OF USE
These Terms of Use ("Terms of Use") set forth the rules and conditions that apply to the use of the website located at www.UltimateKnicks.com ("UltimateKnicks.com") that is owned and operated by UltimateKnicks ("UltimateKnicks"), by any individual visiting UltimateKnicks.com ("Visitor"). By accessing UltimateKnicks.com, you the Visitor signify your assent to all of these Terms of Use. If the Visitor does not agree, then the Visitor shall have no right or license to access UltimateKnicks.com and shall not do so. In its sole, exclusive and unlimited discretion, UltimateKnicks may terminate and/or restrict the Visitor and/or the Visitor's account and/or ban the IP address of the Visitor, for any reason, including any violation of these Terms of Use, or for no reason at all.
CHANGES TO TERMS OF USE
UltimateKnicks has the right to change or discontinue any aspect or feature of UltimateKnicks.com, including, without limitation, content, hours of availability and equipment needed for access or use, at any time. UltimateKnicks has the right to change or modify the Terms of Use applicable to the Visitor's use of UltimateKnicks.com, or any part thereof, or to impose new Terms of Use, including, without limitation, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, without limitation, posting on UltimateKnicks.com, or by electronic mail (email) or conventional mail, or by any other means by which the Visitor obtains notice thereof. Any use of UltimateKnicks.com by the Visitor subsequent to such notice shall be deemed to constitute acceptance by the Visitor of such changes, modifications or additions.
CONDUCT OF VISITOR AND LAWFUL USE
The Visitor shall use UltimateKnicks.com for lawful purposes only. The Visitor shall not post or transmit through UltimateKnicks.com any materials which: (i) violate or infringe in any way upon the rights of others; (ii) are unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourage conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contain advertising or any solicitation with respect to products or services, unless UltimateKnicks has expressly approved such materials in advance of their transmission. Any conduct by the Visitor that in UltimateKnicks's discretion restricts or inhibits any other visitor from using or enjoying UltimateKnicks.com is expressly prohibited. All of the content appearing on UltimateKnicks.com is solely and exclusively for entertainment purposes and shall not be used for any other purpose whatsoever.
INTELLECTUAL PROPERTY NOTICES
CONTRACTUAL NON-USAGE / MISAPPROPRIATION
In addition to generally prohibiting any commercial usage of UltimateKnicks.com pursuant to other provisions herein, these Terms of Use specifically prohibit you the Visitor from visiting any part of UltimateKnicks.com, or otherwise gaining any information about any work or property of UltimateKnicks, and using that information (or learning from that information) for a commercial purpose or to knowingly compete with UltimateKnicks, directly or indirectly, whether as an individual or on behalf of any business entity with which the Visitor is in any way associated, without the prior written permission of UltimateKnicks; if this did, will and/or may apply to the Visitor in the past, present and/or future, then please contact info@UltimateKnicks.com with a brief description of the commercial and/or competitive purpose, so that we may consider granting or denying written permission. Past conduct or activities by the Visitor that did not receive UltimateKnicks's prior written permission and that were or could be in violation of this paragraph shall still be reported to UltimateKnicks and might be given subsequent permission by UltimateKnicks to relieve the Visitor from related liability in full. Nothing in this paragraph shall be construed to alter or weaken the protections of any other provisions of these Terms of Use; this paragraph shall be construed solely to strengthen UltimateKnicks's protections in the case of commercial or competitive or potentially commercial or competitive use of UltimateKnicks.com (or any other work or property of UltimateKnicks) by the Visitor and any other visitor.
UltimateKnicks.com contains copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, tables, charts, lists, software, photos, video, graphics, music and sound, portions of which are owned by UltimateKnicks. The entire contents of UltimateKnicks.com are copyrighted as a collective work/compilation. UltimateKnicks owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in all of the content original to it. The Visitor shall not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the content, in whole or in part. The Visitor may download one (1) single copy of the materials on UltimateKnicks.com for the Visitor's personal, non-commercial use only. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded materials will be permitted without the prior written permission of UltimateKnicks. In the event of any permitted copying, redistribution or publication of such materials, no changes in, or deletion of, author attribution, trademark legend, copyright or other proprietary notice shall be made. The Visitor acknowledges that the Visitor does not acquire any ownership rights by downloading such materials.
The Visitor shall not in any way make any commercial use of any of the materials or intellectual property, without limitation, on UltimateKnicks.com (or any other work or property of UltimateKnicks), regardless of whether such is independently protected by U.S. law. That is, the Visitor who in any way uses any part of UltimateKnicks.com agrees to a contractual agreement with UltimateKnicks that the Visitor shall not use UltimateKnicks.com (or any other work or property of UltimateKnicks) for any commercial purpose of any kind, and that all such usage shall be for entertainment purposes only. Any commercial usage of UltimateKnicks.com (or any other work or property of UltimateKnicks) shall be in violation of this contractual agreement and any usage of such materials shall constitute misappropriation entitling UltimateKnicks to equitable relief or legal damages.
The Visitor shall not upload, post or otherwise make available on UltimateKnicks.com any materials protected by copyright, trademark or other proprietary right, without the prior written permission of the owner of the copyright, trademark or other proprietary right, respectively, and the burden of determining that any materials are not protected by copyright rests with the Visitor. The Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm resulting from such a submission. By submitting materials to any public area of UltimateKnicks.com, the Visitor automatically grants or warrants that the owner of such materials have expressly granted UltimateKnicks the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such materials (in whole or in part) worldwide and/or to incorporate them in other works in any form, media or technology, now known or hereafter developed, for the full term of any copyright that may exist in such materials. The Visitor also permits any other visitor to access, view, store or reproduce the materials for that visitor's personal use. The Visitor hereby grants UltimateKnicks the right to edit, copy, publish and distribute any materials made available on UltimateKnicks.com by the Visitor.
TRADEMARKS AND RELATED PROPERTIES
Team logos that appear on UltimateKnicks.com are the trademarks and property of the National Basketball Association and the respective member teams. The limited use of these trademarks is intended to provide visitors a symbolic representation of the team names and their respective players and to convey non-verbal meaning (these pictorial indicators are necessary in the case of some non-English-reading visitors); use of these marks is therefore for utilitarian, communicative and informational media purposes only: THE USE OF THESE MARKS ON UltimateKnicks.COM IN NO WAY INDICATES, IMPLIES OR SUGGESTS SPONSORSHIP OR ENDORSEMENT BY, OR ASSOCIATION OR AFFILIATION WITH, UltimateKnicks.COM BY THE NATIONAL BASKETBALL ASSOCIATION OR THE RESPECTIVE MEMBER TEAMS. Besides the foregoing, and unless otherwise indicated, trademarks and service marks that appear on UltimateKnicks.com are owned by and the property of UltimateKnicks.
DMCA POLICY AND COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us ALL of the following items:
(i) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on UltimateKnicks.com;
(iv) your address, telephone number and email address, and all other information reasonably sufficient to permit us to contact you;
(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 behalf of the owner of an exclusive right that is allegedly infringed.
After complying with all of the above items, notices of alleged copyright infringement should be transmitted or sent to us as follows:
By electronic mail (email):
THE UltimateKnicks PUBLIC DISCUSSION FORUMS
NO RESPONSIBILITY OR LIABILITY FOR POSTS
UltimateKnicks makes public discussion forums available to visitors ("UltimateKnicks Forums") and these have grown to be extremely popular places for sports fans to meet and chat. Please remember that any information that is disclosed in these areas becomes public information. Consequently the Visitor should exercise extreme caution when deciding whether to disclose private and/or personal information on the UltimateKnicks Forums, which UltimateKnicks strongly advises all visitors against.
To the extent that the UltimateKnicks Forums provide visitors an opportunity to post and exchange information, ideas and opinions ("Posts"), BE ADVISED THAT UltimateKnicks DOES NOT AS A PRACTICE SCREEN, EDIT OR REVIEW THE POSTS PRIOR TO THEIR APPEARANCE ON UltimateKnicks.COM, and the Posts do not necessarily reflect the views of UltimateKnicks. UltimateKnicks reserves the right to monitor all of the Posts and to remove any which we consider offensive or otherwise in violation of these Terms of Use.
The following are more legal notices regarding the Posts: The Visitor must have all necessary rights in and to all the Posts that the Visitor provides and all materials they contain; the Visitor's Posts must not infringe any proprietary or other rights of third parties; the Visitor's Posts must not contain any viruses or other contaminating or destructive devices or features; the Visitor's Posts must not contain any defamatory, indecent, offensive, tortious or otherwise unlawful materials or content; and the Visitor's Posts must not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations. In addition, the Visitor authorizes UltimateKnicks and/or others to use all or part of the Visitor's Posts in any manner, format or medium that UltimateKnicks or such other parties see fit; and the Visitor shall have no claim or other recourse against UltimateKnicks for infringement of any proprietary right in the Visitor's Posts. Violating these terms will subject the Visitor to investigation and enforcement to ensure compliance; personal information may be used and/or disclosed by UltimateKnicks in this process, to the extent necessary to ensure a safe, secure and enjoyable experience at UltimateKnicks.com.
To the fullest extent permitted by applicable laws, UltimateKnicks shall in no event have any responsibility or liability for the Postings or for any claims, damages or losses resulting from their use and/or appearance on UltimateKnicks.com.
DISCLAIMER OF WARRANTIES AND DAMAGES AND LIMITATION OF LIABILITY
USE IS AT VISITOR'S RISK
THE VISITOR EXPRESSLY AGREES THAT USE OF UltimateKnicks.COM IS AT THE VISITOR'S OWN RISK. THE VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF THE VISITOR'S PASSWORD(S), IF ANY. NEITHER UltimateKnicks NOR ANY OF ITS EMPLOYEES, CONSULTANTS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT UltimateKnicks.COM'S SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF UltimateKnicks.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH UltimateKnicks.COM. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS THE VISITOR'S RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIALS ON UltimateKnicks.COM OR ANY SITES WITH WHICH IT IS LINKED. UltimateKnicks MAY PROVIDE TECHNOLOGY AUTOMATICALLY LINKING AND/OR REFERENCING SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE UltimateKnicks.COM HAS NO CONTROL OVER SUCH SITES AND INFORMATION, UltimateKnicks MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION, AND UltimateKnicks ASSUMES NO RESPONSIBILITY SHOULD, FOR ANY REASON, THE SEARCH LOCATE UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIALS THAT ARE ADULT ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF THE VISITOR'S USE OF UltimateKnicks.COM MAY AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIALS. UltimateKnicks.COM MAKES NO CLAIM THAT THIS MIGHT NOT OCCUR.
NO WARRANTIES OF UltimateKnicks.COM'S SERVICE
UltimateKnicks.COM IS PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
DISCLAIMER OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION-LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD OF ANY TYPE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. THE VISITOR SPECIFICALLY ACKNOWLEDGES THAT UltimateKnicks IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE VISITOR.
VISITOR'S WAIVER OF DAMAGES
IN NO EVENT WILL UltimateKnicks, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING UltimateKnicks.COM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, UltimateKnicks.COM. THE VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL OF THE CONTENT ON UltimateKnicks.COM.
IN ADDITION TO THESE TERMS OF USE SET FORTH ABOVE, NEITHER UltimateKnicks NOR ANY OF THE INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN UltimateKnicks.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE VISITOR, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR PUNITIVE OR CONSEQUENTIAL DAMAGES.
NOTICE
The Visitor may give notice to UltimateKnicks (such notice shall be deemed given upon receipt) by electronic mail (email) to info@UltimateKnicks.com or as otherwise noted in these Terms of Use.
INDEMNIFICATION
The Visitor agrees to defend, indemnify and hold harmless UltimateKnicks and its directors, officers, employees, consultants, agents and assigns from and against all claims and expenses, including attorneys' fees, arising out of the Visitor's use of UltimateKnicks.com.
EQUIPMENT FOR VISITOR'S USE
The Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, software and other equipment that is now or may in the future be necessary for access to and use of UltimateKnicks.com and for any/all charges related thereto.
UltimateKnicks.COM'S CONTENT
A portion of UltimateKnicks.com's content may be supplied by third parties. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of UltimateKnicks. Neither UltimateKnicks nor any third-party provider of information guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. UltimateKnicks neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on UltimateKnicks.com by anyone other than employee spokespersons of UltimateKnicks acting in their official capacities.
CONTROLLING LAW
These Terms of Use shall be construed in accordance with the laws of the State of New York, in the United States of America, without regard to principles of conflicts of laws. Any cause of action of any nature arising out these Terms of Use shall be brought in a federal or state court of competent jurisdiction within the City of New York, New York County, State of New York, in the United States of America. The Visitor hereby consents to the jurisdiction of such court and further waives any argument that any such court does not have jurisdiction over such cause of action or that venue in any such court is not appropriate or convenient.
ENTIRE AGREEMENT
These Terms of Use also fully incorporate all of the Privacy Policy (located here: www.UltimateKnicks.com/privacypolicy.asp), which together shall constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. In the event of a conflict or inconsistency between any other agreement and both these Terms of Use and the Privacy Policy, the latter shall control and govern the rights and obligations of the parties.
HEADINGS
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.