Sports Chat Place Premium

 

This Service is owned and operated by The Sports Chat Place, LTD. (referred to as "TSCP," "we," "us," or "our" herein). Users of the Service will have access to premium content via The Sports Chat Place Website. The length of this access will be selected by users at time of purchase. The terms and conditions set out here apply to your use of the Service. By using this Service, you show that you agree to these terms and the Terms of Use posted on our web site and incorporated herein. If you do not agree, please do not use the Service. You are entirely liable for all of your activities in connection with this Service.

 

You will be referred to from time to time as "Premium Member" in this Agreement. "Account" means the account registered to a Premium Member, pursuant to the registration procedures for the Service. By using this Service, you show that you agree to the terms herein.

 

We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time. Notification of changes to this Agreement will be posted on the Service, or sent via e-mail. If any future changes to this Agreement are unacceptable to you, or cause you to no longer be in compliance with this Agreement, you may terminate your Account (see Termination of Service section below). Your continued use of the Service following notice of changes to this Agreement (including the Terms of Use) means that you accept all such changes.

 

We may change, modify, suspend, or discontinue any aspect of the Service at any time, including, without limitation, the availability of any Service feature, database or content, hours of availability, or equipment needed to access the Service. We may also impose limits on certain features or restrict your access to parts or all of the Service, for extended periods of time, without notice or liability. The Premium Member is solely responsible for and must provide all equipment necessary to access the Service, including without limitation Internet access software and modems.

 

ELECTRONIC AGREEMENT

 

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by TSCP from time to time, such modifications to be effective upon posting by TSCP on the Website. This Agreement includes TSCP's Terms of Use, TSCP's Privacy Policy, TSCP's subscription policies and any notices regarding the Website. By accessing the Website or becoming a Premium Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

 

In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.

 

RESTRICTIONS ON USE OF MATERIALS

 

All materials published by TSCP (including, but not limited to, informational resources, photographs, images, illustrations, audio clips, and video clips (collectively, "Content")) are protected by copyright, and owned or controlled by TSCP, its affiliated companies, or a third-party provider. You shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Service.

 

The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. No material from the Service or any web site owned, operated, licensed, or controlled by TSCP may be copied, reproduced, republished, uploaded, posted, or transmitted, nor may derivative works be created from them or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that you keep intact all copyright and other proprietary notices. Using our Content for any other purpose is a violation of our copyright and other proprietary rights. For purposes of this Agreement, using any of our Content on any other Web site or networked computer environment is prohibited. You may not sell or auction any TSCP items, or copyrighted material.

 

If during your subscription term, our system indicates that the Service has been accessed using your account information via five distinct Internet Protocol addresses (e.g. network locations used to access the Internet) in one day, precautionary measures, (i.e., necessitating a change in password), will be taken to secure your account from unauthorized use. If our system shows that your password has been locked out in excess of five times, we reserve the right to ban you from accessing the Service and you will forfeit any refund otherwise entitled to you by this Agreement.

 

SUBMISSIONS

 

We are pleased to hear from our Premium Members and welcome your comments regarding the Service and other TSCP services and products. Unfortunately, however, TSCP's company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as stories or character ideas, screenplays, or original artwork unless we have specifically requested that you do so. While we do value your feedback on our Service and products, we request that you be specific in your comments, and not submit any creative ideas, suggestions, or materials.

 

If at our request you send certain specific submissions (e.g., contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of TSCP. None of the Submissions shall be subject to any obligation of confidence on the part of TSCP, and TSCP shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, TSCP shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

 

The Sports Chat Place, The Sports Chat Place Logo, and any and all designs of The Sports Chat Place, are trademarks of The Sports Chat Place, LTD. or its affiliates. All other trademarks appearing on the Service are trademarks of their respective owners.

 

FORUMS AND PUBLIC COMMUNICATION

 

"Forum" means a chat area, bulletin or message board, e-mail or other function, which may be offered as part of the Service where information may be provided by you. You shall not upload to, distribute through, or otherwise publish through the Service (including in any Forum) any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. The Forums shall be used only in a noncommercial manner. You shall not, without the express approval of TSCP, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Premium Members to join or become members of any commercial online service or other organization is expressly prohibited. Insider Members remain solely responsible for the content of the information they provide in any Forum.

 

We will abide by our Privacy Policy with regard to our collection, use and disclosure of your personal information. We cannot promise that the information you provide, including your personal information, will not be disclosed to third parties. For example, we may disclose information as required in the course of normal operation and maintenance of the Service and its systems or if required to do so by law or in our good faith we believe that such action is necessary to: (1) comply with the law or comply with legal process served on TSCP; (2) protect and defend the rights or property of TSCP; or (3) act in an emergency to protect the personal safety of our Premium Members or the public. Also, third parties may, without our knowledge or consent, unlawfully intercept or access transmissions or private communications.

 

By uploading materials to any Forum or submitting any materials to TSCP, you automatically grant (or warrant that the owner of such rights has expressly granted) TSCP a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, media, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

 

REPRESENTATIONS AND WARRANTIES

 

The Premium Member represents, warrants, and covenants (a) that no materials of any kind submitted through your Account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) the credit card provided to us is valid, the Premium Member is authorized to use the credit card, and the Premium Member is at least 18 years old; (c) we may charge the credit card provided to us, as more fully described in the Section titled "Price and Payment" below; and (d) the Premium Member will fully comply with the terms of this Agreement. As the Premium Member, you hereby indemnify, defend, and hold TSCP, its affiliated companies, and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties, and covenants, including, without limitation, reasonable attorneys' fees. The Premium Member shall use best efforts to cooperate with TSCP in the defense of any claim. TSCP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Premium Member.

 

TSCP does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any Premium Member, information provider, or other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. TSCP reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Service.

 

DISCLAIMER

 

THE MATERIALS IN THIS SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TSCP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TSCP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TSCP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TSCP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SERVICE INCLUDES LINKS TO OTHER WEB SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT TSCP HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER, REGARDING THE CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEB SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO SUCH WEB SITES.

 

Further, TSCP explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Service from third parties not associated with TSCP. TSCP encourages discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, TSCP cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. TSCP cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Service, since other shop channels are owned and operated by independent retailers. TSCP does not endorse any of the merchandise, nor has TSCP taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. TSCP does not make any representations or warranties as to the security of any information including, without limitation, credit card and other personal information you might be requested to give any third party and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

 

LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TSCP BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SERVICE OR ANY OTHER WEB SITE, EVEN IF TSCP OR A TSCP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TSCP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE.

 

SECURITY

 

As part of the registration process, each Premium Member will select a password and Member Name ("Member Name"). You shall provide TSCP with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account. You may not (i) select or use a Member Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a Member Name that TSCP, in its sole discretion, deems inappropriate or offensive.

 

Each Premium Member must be 18 years or older to establish an Account. If TSCP becomes aware that a Premium Member is under the age of 18, TSCP reserves the right to cancel the Account. Any fraudulent, abusive, or otherwise illegal activity in connection with your Account may be grounds for termination of the Account at TSCP's sole discretion, and TSCP may report you to appropriate law-enforcement agencies if it deems necessary.

 

You shall notify TSCP at mitch@thesportschatplace.com of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

 

If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your Member Name, password, or any credit, debit, or charge card number stored on the Service), you must promptly change your password and notify TSCP of the problem (by notice given as described in the preceding paragraph) to avoid possible liability for any unauthorized charges to your Account.

 

PRICE AND PAYMENT

 

The Service may be purchased on an annual, monthly, quarterly or special offer basis. As a Premium Member, you will receive access to premium content on TheSportsChatPlace.com.

 

TSCP reserves the right at any time to charge additional fees for access to the Service. TSCP reserves the right to change the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees or charges effective upon prior notice to Premium Members. TSCP reserves the right to offer special offers of the Service and to provide the Service at no charge for promotional reasons or otherwise (such as a free trial).

 

Each Premium Member agrees to pay all charges in accordance with billing terms in effect at the time the fee or charge becomes payable. For Accounts purchased through the SportsChatPlace web site, Premium Members must provide TSCP with valid credit card and/or other information required during the registration process. TSCP shall charge the Premium Member's credit card either after the applicable trial period expires, or on the date the Premium Member subscribes to the Service. Thereafter, TSCP will automatically renew your subscription at the end of your agreed upon term at the prevailing rate. All Customers who do not honor this agreement and choose to chargeback will be reported to every major credit bureau as an unpaid collection account.

 

By clicking on the "Start Your Subscription" button and or electronically signing the signature box at time of purchase, you evidence your consent to be bound by the Terms of Service Your right to use the Service is subject to any limits established by TSCP or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned to TSCP for any reason, including chargeback, TSCP reserves the right to either suspend or terminate your access and Account, thereby terminating this Agreement and all obligations of TSCP hereunder. If you have a balance due on any TSCP Account, you agree that TSCP can charge these unpaid fees to your credit card. TSCP reserves the right to establish a credit limit (the "Ceiling") for each Premium Member. If a Premium Member's Account reaches the Ceiling at any time, TSCP may immediately bill the Insider Member's credit card for all unpaid charges on account. Until further notice, the Ceiling for each Premium Member is $100.

 

Monthly subscribers who cancel their service will have their accounts suspended immediately. No continued service or refunds will be issued. It is strongly advised to process any cancellations as closely as possible to your renew date so you can enjoy your entire month's service that you purchased.

 

NOTICE

 

The Premium Member must submit and maintain a correct e-mail address and other Account information.  The Member is responsible for ensuring that e-mail communications from the Service are not blocked or placed into “spam” folders.  Check with your e-mail provider to ensure prompt delivery. The Service may give notice to the Premium Member by means of a general notice on the Service or electronic mail to your e-mail address on record in our Account information. The member may give notice to TSCP to update e-mail or Account information. Such notice shall be deemed given when received by the Service at any time by electronic mail at mitch@thesportschatplace.com

 

JURISDICTIONAL ISSUES

 

This Service is controlled and operated by TSCP from its offices within the State of Illinois, United States of America. TSCP makes no representation that materials in the Service are appropriate or available for use in other locations. Those who choose to access this Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

TERMINATION OF SERVICE

 

This Agreement is effective until terminated by either party. You may terminate this Agreement and your right to use the Service at any time by cancelling your recurring payment. Your account will be terminated as of the day the recurring payment is cancelled. TSCP may terminate your Account or access rights to this Service immediately without notice if in TSCP's sole discretion you fail to comply with any term or provision of this Agreement (including the Terms of Use and House Rules). Upon termination, you must destroy all materials obtained from this Service and all copies thereof, whether made under the terms of this Agreement or otherwise.

 

OTHER

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing other than as provided below.

 

ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, between TSCP representatives and you. TSCP may amend or modify this Agreement or impose new conditions at any time upon notice from TSCP to you as described in the Section titled "Notice" above. Any use of the Service by you after such notice shall be deemed to constitute acceptance by Premium Member of such amendments, modifications, or new conditions.

 

TERMS OF USE

 

CONTENT ACCESSIBLE THROUGH LINKS FROM TSCP SITES AND SEARCH RESULTS

You should be aware that when you are on a TSCP Site, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any TSCP Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

 

Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.

 

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the TSCP Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY TSCPSITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A TSCP SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY TSCP SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

 

WE MAY TERMINATE YOUR FURTHER ACCESS TO TSCP SITES OR CHANGE THE TSCP SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.