Terms and Conditions
In order to create your home page on either of the eReferee Communities web sites
(home.ereferee.com or
free.ereferee.com), you must agree to the
following Terms of Service ("TOS"):
- You agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the Service's registration and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete, or eReferee has
reasonable grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, eReferee has the right to suspend or terminate your account and refuse any
and all current or future use of the Service (or any portion thereof).
- You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from which such Content
originated. This means that you, and not eReferee, are entirely responsible for all Content
that you upload, post or otherwise transmit via the Service. eReferee does not control the
Content posted via the Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable.
- You acknowledge that all content uploaded by you should be related to sports officiating.
- You agree to not use the Service to:
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, a eReferee official,
forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a
person or entity;
- Upload, post or otherwise transmit any Content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- Upload, post or otherwise transmit any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas of the Service that are designated for
such purpose;
- Upload, post or otherwise transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment;
- Collect or store personal data about other users;
- Use your home page (or directory) as storage for remote loading or as a door or signpost
to another home page, whether inside or beyond eReferee Communities;
- Engage in commercial activities. This includes, but is not limited to, the
following activities:
- Offering for sale any products or services;
- Soliciting for advertisers or sponsors;
- Conducting raffles or contests that require any type of entry fee;
- Displaying a sponsorship banner of any kind, including those that are generated by
banner or link exchange services, with the sole exceptions of the banners generated by
the eReferee Homefree Manager;
- Displaying banners for services that provide cash or cash-equivalent prizes to users
in exchange for hyperlinks to their web sites.
- Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from the United States
or the country in which you reside.
- eReferee does not claim ownership of the Content you place on your eReferee
Communities Site. By submitting Content to eReferee for inclusion on your eReferee
Communities Site, you grant eReferee the world-wide, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish the Content solely for the purpose
of displaying, distributing and promoting your eReferee Communities Site on eReferee's
Internet properties. This license exists only for as long as you continue to be a
eReferee Community user and shall be terminated at the time your eReferee Community Site
is terminated.
- You acknowledge that eReferee does not pre-screen Content, but that eReferee and its
designees shall have the right (but not the obligation) in their sole discretion to
refuse or remove any Content that is available via the Service. Without limiting the
foregoing, eReferee and its designees shall have the right to remove any Content that
violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content.
- You agree to indemnify and hold eReferee, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of
your Content, your use of the Service, your connection to the Service, your violation of
the TOS, or your violation of any rights of another.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service.
- You acknowledge that eReferee may establish general practices and limits concerning
use of the Service. Currently, users of the
home.ereferee.com site (which includes eReferee
members as well as associations and chapters) are allowed 10MB of disk space and users of
the free.ereferee.com site are allowed 1MB of disk
space.
- eReferee reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice. You
agree that eReferee shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
- You agree that eReferee, in its sole discretion, may terminate your password,
eReferee Communities Site, use of the Service or use of any other eReferee service, and
remove and discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if eReferee believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. eReferee may also in its sole
discretion and at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and acknowledge
and agree that eReferee may immediately deactivate or delete your eReferee Communities Site
and all related information and files in your eReferee Communities Site and/or bar any
further access to such files or the Service. Further, you agree that eReferee shall not be
liable to you or any third-party for any termination of your access to the Service.
- eReferee runs advertisements and promotions on eReferee Communities Sites. By creating
your eReferee Communities Site, you agree that eReferee has the right to run such
advertisements and promotions. The manner, mode and extent of advertising by eReferee on
your eReferee Communities Site is subject to change. Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and
such advertiser. You agree that eReferee shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
- The Service may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because eReferee has no control over such sites and resources, you acknowledge
and agree that eReferee is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that eReferee 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 use of or reliance on any such Content, goods or services available on or through any
such site or resource.
- You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by eReferee or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in part.
- eReferee grants you a personal, non-transferable and non-exclusive right and license to use
the object code of its Software on a single computer; provided that you do not (and do not
allow any third party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of
the Software, including (without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by any means other than through
the interface that is provided by eReferee for use in accessing the Service.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. EREFEREE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- EREFEREE MAKES NO WARRANTY THAT
- THE SERVICE WILL MEET YOUR REQUIREMENTS
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EREFEREE OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT EREFEREE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF EREFEREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
- ANY OTHER MATTER RELATING TO THE SERVICE
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
- Notices to you may be made via either email or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying notices or links to notices to
you generally on the Service.
- eReferee respects the intellectual property rights of others and we ask our users to
do the same. Please see our
copyright policy.
- The TOS constitute the entire agreement between you and eReferee and govern your use of the
Service, superceding any prior agreements between you and eReferee (including,
but not limited to, any prior versions of the TOS). You also may be subject to additional
terms and conditions that may apply when you use affiliate or other eReferee services, third-
party content or third-party software. The TOS and the relationship between you and eReferee
shall be governed by the laws of the State of Texas without regard to its conflict of
law provisions. You and eReferee agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Harris, Texas. The failure of eReferee to
exercise or enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
- Please report any violations of the TOS to us at
tos@ereferee.com.
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