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1. ACCEPTANCE OF TERMS
SupercrossKING Inc. ("SupercrossKING") welcomes you. SupercrossKING
provides its service to you subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without notice
to you. You can review the most current version of the TOS at any time
at: http://www.supercrossking.com/store/terms/. In addition, when
using particular SupercrossKING owned or operated services, you and
SupercrossKING shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to time.
All such guidelines or rules (including but not limited to our Spam
Policy) are hereby incorporated by reference into the TOS.
SupercrossKING may also offer other services that are governed by
different Terms of Service. For instance, different terms apply to
homesteaders on SupercrossKING.
2. DESCRIPTION OF SERVICE
SupercrossKING provides users with access to a rich collection of
resources, including various communications tools, forums, shopping
services, search services, personalized content and branded
programming through its network of properties which may be accessed
through any various medium or device now known or hereafter developed
(the "Service"). You also understand and agree that the Service may
include advertisements and that these advertisements are necessary for
SupercrossKING to provide the Service. You also understand and agree
that the Service may include certain communications from
SupercrossKING, such as service announcements, administrative messages
and the SupercrossKING Newsletter, and that these communications are
considered part of SupercrossKING membership and you will not be able
to opt out of receiving them. Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including
the release of new SupercrossKING properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and
that SupercrossKING assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access to
the Service, and that access may involve third-party fees (such as
Internet service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
Please be aware that SupercrossKING has created certain areas on the
Service that contain adult or mature content. You must be at least 18
years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you
are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of the United States or
other applicable jurisdiction. You also agree to: (a) provide true,
accurate, current and complete information about yourself as prompted
by the Service's registration form (the "Registration Data") 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 SupercrossKING has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, SupercrossKING 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). SupercrossKING is
concerned about the safety and privacy of all its users, particularly
children. For this reason, parents of children under the age of 13 who
wish to allow their children access to the Service must create a
SupercrossKING Family Account. When you create a SupercrossKING Family
Account and add your child to the account, you certify that you are at
least 18 years old and that you are the legal guardian of the
child/children listed on the SupercrossKING Family Account. By adding
a child to your SupercrossKING Family Account, you also give your
child permission to access many areas of the Service, including,
email, message boards and instant messaging (among others). Please
remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to
determine whether any of the Service areas and/or Content (as defined
in Section 6 below) are appropriate for your child.
4. SupercrossKING PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy
policy at http://www.supercrossking.com/store/privacypolicy.aspx. You
understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this
information, including the transfer of this information to the United
States and/or other countries for storage, processing and use by
SupercrossKING and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account and are
fully responsible for all activities that occur under your password or
account. You agree to (a) immediately notify SupercrossKING of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of
each session. SupercrossKING cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section
5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from whom such Content originated.
This means that you, and not SupercrossKING, are entirely responsible
for all Content that you upload, post, email, transmit or otherwise
make available via the Service. SupercrossKING 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. Under no circumstances will SupercrossKING
be liable in any way for any Content, including, but not limited to,
any errors or omissions in any Content, or any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available 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;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a
SupercrossKING official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available 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);
f. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form
of solicitation, except in those areas (such as shopping) that are
designated for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit or otherwise make available 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the
force of law;
l. provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with
the prohibited conduct and activities set forth in paragraphs a
through m, above.
You acknowledge that SupercrossKING may or may not pre-screen Content,
but that SupercrossKING and its designees shall have the right (but
not the obligation) in their sole discretion to pre-screen, refuse, or
move any Content that is available via the Service. Without limiting
the foregoing, SupercrossKING 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. In this regard,
you acknowledge that you may not rely on any Content created by
SupercrossKING or submitted to SupercrossKING, including without
limitation information in SupercrossKING Message Boards and in all
other parts of the Service.
You acknowledge, consent and agree that SupercrossKING may access,
preserve and disclose your account information and Content if required
to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third parties; (d) respond to your
requests for customer service; or (e) protect the rights, property or
personal safety of SupercrossKING, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials
to be protected, and that use of these materials is subject to usage
rules set by SupercrossKING and/or content providers who provide
content to the Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition
of the materials provided on the Service, in whole or in part, is
strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON SupercrossKING NETWORK
When you register with SupercrossKING, you acknowledge that in using
SupercrossKING services to send electronic communications (including
but not limited to email, search queries, sending messages to
SupercrossKING Chat or SupercrossKING Groups, uploading photos and
files to SupercrossKING Photos or Briefcase, and other Internet
activities), you will be causing communications to be sent through
SupercrossKING's computer networks, portions of which are located in
California, Texas, Virginia, and other locations in the United States
and portions of which are located abroad. As a result, and also as a
result of SupercrossKINGs network architecture and business practices
and the nature of electronic communications, even communications that
seem to be intrastate in nature can result in the transmission of
interstate communications regardless of where you are physically
located at the time of transmission. Accordingly, by agreeing to this
Terms of Service, you acknowledge that use of the service results in
interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
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.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
SupercrossKING does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant SupercrossKING the
following worldwide, royalty-free and non-exclusive license(s), as
applicable:
* With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of the Service
other than SupercrossKING Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purpose for which such Content
was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service and
will terminate at the time you remove or SupercrossKING removes such
Content from the Service.
* With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible
areas of the Service other than SupercrossKING Groups, the perpetual,
irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and
publicly display such Content (in whole or in part) and to incorporate
such Content into other works in any format or medium now known or
later developed.
"Publicly accessible" areas of the Service are those areas of the
SupercrossKING network of properties that are intended by
SupercrossKING to be available to the general public. By way of
example, publicly accessible areas of the Service would include
SupercrossKING Message Boards and portions of SupercrossKING Groups,
Photos and Briefcase that are open to both members and visitors.
However, publicly accessible areas of the Service would not include
portions of SupercrossKING Groups that are limited to members,
SupercrossKING services intended for private communication such as
SupercrossKING Mail or SupercrossKING Messenger, or areas off of the
SupercrossKING network of properties such as portions of World Wide
Web sites that are accessible via hypertext or other links but are not
hosted or served by SupercrossKING.
10. INDEMNITY
You agree to indemnify and hold SupercrossKING and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you
submit, post, transmit or otherwise make available through the
Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service
(including your SupercrossKING ID), use of the Service, or access to
the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SupercrossKING may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board postings
or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that may
be sent from or received by an account on the Service, the maximum
disk space that will be allotted on SupercrossKING's servers on your
behalf, and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time. You agree
that SupercrossKING has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You
acknowledge that SupercrossKING reserves the right to log off accounts
that are inactive for an extended period of time. You further
acknowledge that SupercrossKING reserves the right to modify these
general practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
SupercrossKING 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 SupercrossKING
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
14. TERMINATION
You agree that SupercrossKING may, under certain circumstances and
without prior notice, immediately terminate your SupercrossKING
account, any associated email address, and access to the Service.
Cause for such termination shall include, but not be limited to, (a)
breaches or violations of the TOS or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) engagement by you in fraudulent or
illegal activities, and/or (h) nonpayment of any fees owed by you in
connection with the Services. Termination of your SupercrossKING
account includes (a) removal of access to all offerings within the
Service, including but not limited to SupercrossKING Mail, Groups,
Messenger, Chat, Domains, Personals, Auctions, Message Boards,
Greetings, Alerts and Games, (b) deletion of your password and all
related information, files and content associated with or inside your
account (or any part thereof), and (c) barring of further use of the
Service. Further, you agree that all terminations for cause shall be
made in SupercrossKING's sole discretion and that SupercrossKING shall
not be liable to you or any third party for any termination of your
account, any associated email address, or access to the Service.
15. DEALINGS WITH ADVERTISERS
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
SupercrossKING 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.
16. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because SupercrossKING has no
control over such sites and resources, you acknowledge and agree that
SupercrossKING 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 SupercrossKING 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.
17. SupercrossKING'S PROPRIETARY RIGHTS
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 by advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by SupercrossKING 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.
SupercrossKING 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 from, 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, nor 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 SupercrossKING for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SupercrossKING AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM 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.
b. SupercrossKING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM SupercrossKING OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN
OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN
EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE
SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING
THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS
OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SupercrossKING AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU 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 SupercrossKING HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) 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; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
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 17 AND 18 MAY NOT APPLY TO YOU.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities, please
read the above Sections 17 and 18 again. They go doubly for you. In
addition, for this type of information particularly, the phrase "Let
the investor beware" is apt. The Service is provided for informational
purposes only, and no Content included in the Service is intended for
trading or investing purposes. SupercrossKING and its licensors shall
not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available via the
Service, and shall not be responsible or liable for any trading or
investment decisions based on such information.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.
23. NOTICE
SupercrossKING may provide you with notices, including those regarding
changes to the TOS, by email, regular mail or postings on the Service.
24. TRADEMARK INFORMATION
The SupercrossKING, SupercrossKING logo, trademarks and service marks
and other SupercrossKING logos and product and service names are
trademarks of SupercrossKING Inc. (the "SupercrossKING Marks").
Without SupercrossKING's prior permission, you agree not to display or
use in any manner the SupercrossKING Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
SupercrossKING respects the intellectual property of others, and we
ask our users to do the same. SupercrossKING may, in appropriate
circumstances and at its discretion, disable and/or terminate the
accounts of users who may be repeat infringers. If you believe that
your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide SupercrossKING's Copyright Agent the
following information:
1. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
2. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. a description of where the material that you claim is infringing is
located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
SupercrossKING's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By phone: (888) SX-KING-1
By email: copyright@SupercrossKING.com
26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you
and SupercrossKING and governs your use of the Service, superseding
any prior agreements between you and SupercrossKING with respect to
the Service. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other
SupercrossKING services, affiliate services, third-party content or
third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
SupercrossKING shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and
SupercrossKING agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa Clara,
California.
Waiver and Severability of Terms. The failure of SupercrossKING 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.
No Right of Survivorship and Non-Transferability. You agree that your
SupercrossKING account is non-transferable and any rights to your
SupercrossKING ID or contents within your account terminate upon your
death. Upon receipt of a copy of a death certificate, your account may
be terminated and all contents therein permanently deleted.
Statute of Limitations. 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.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
27. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
Terms of Service
Please review the following terms and indicate your agreement below.
By clicking "I Agree" you agree and consent to (a) the Yahoo! Terms of
Service and Privacy Policy, and (b) receive required notices from
Yahoo! electronically.
SupercrossKING Terms of Service
ACCEPTANCE OF TERMS
SupercrossKING Inc. ("SupercrossKING") welcomes you. SupercrossKING
provides its service to you subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without notice
to you. You can review the most current version of the TOS at any time
at: http://info.SupercrossKING.com/legal/us/SupercrossKING/utos/utos-173.html
. In addition, when using particular SupercrossKING owned or operated
services, you and SupercrossKING shall be subject to any posted
guidelines or rules applicable to such services, which may be posted
from time to time. All such guidelines or rules (including but not
limited to our Spam Policy) are hereby incorporated by reference into
the TOS. SupercrossKING may also offer other services that are
governed by different Terms of Service. For instance, different terms
apply to homesteaders on SupercrossKING.
DESCRIPTION OF SERVICE
SupercrossKING provides users with access to a rich collection of
resources, including various communications tools, forums, shopping
services, search services, personalized content and branded
programming through its network of properties which may be accessed
through any various medium or device now known or hereafter developed
(the "Service"). You also understand and agree that the Service may
include advertisements and that these advertisements are necessary for
SupercrossKING to provide the Service. You also understand and agree
that the Service may include certain communications from
SupercrossKING, such as service announcements, administrative messages
and the SupercrossKING Newsletter, and that these communications are
considered part of SupercrossKING membership and you will not be able
to opt out of receiving them. Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including
the release of new SupercrossKING properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and
that SupercrossKING assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access to
the Service, and that access may involve third-party fees (such as
Internet service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
Please be aware that SupercrossKING has created certain areas on the
Service that contain adult or mature content. You must be at least 18
years of age to access and view such areas.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you
are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of the United States or
other applicable jurisdiction. You also agree to: (a) provide true,
accurate, current and complete information about yourself as prompted
by the Service's registration form (the "Registration Data") 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 SupercrossKING has
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, SupercrossKING 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). SupercrossKING is
concerned about the safety and privacy of all its users, particularly
children. For this reason, parents of children under the age of 13 who
wish to allow their children access to the Service must create a
SupercrossKING Family Account. When you create a SupercrossKING Family
Account and add your child to the account, you certify that you are at
least 18 years old and that you are the legal guardian of the
child/children listed on the SupercrossKING Family Account. By adding
a child to your SupercrossKING Family Account, you also give your
child permission to access many areas of the Service, including,
email, message boards and instant messaging (among others). Please
remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to
determine whether any of the Service areas and/or Content (as defined
in Section 6 below) are appropriate for your child.
SupercrossKING PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy
policy at http://info.SupercrossKING.com/privacy/us/SupercrossKING/,
or if you came from SupercrossKING Kids, then see our SupercrossKING
Kids privacy policy at
http://www.SupercrossKINGligans.com/docs/privacy/. You understand that
through your use of the Service you consent to the collection and use
(as set forth in the Privacy Policy) of this information, including
the transfer of this information to the United States and/or other
countries for storage, processing and use by SupercrossKING and its
affiliates.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account and are
fully responsible for all activities that occur under your password or
account. You agree to (a) immediately notify SupercrossKING of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of
each session. SupercrossKING cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section
5.
MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags, or other
materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom such
Content originated. This means that you, and not SupercrossKING, are
entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. SupercrossKING
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. Under no circumstances
will SupercrossKING be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any
loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via
the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available 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;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a
SupercrossKING official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available 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, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form
of solicitation, except in those areas (such as shopping) that are
designated for such purpose (please read our complete Spam Policy);
upload, post, email, transmit or otherwise make available 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;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in
a manner that negatively affects other users' ability to engage in
real time exchanges;
interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the
force of law;
provide material support or resources (or to conceal or disguise the
nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with
the prohibited conduct and activities set forth in paragraphs a
through m above.
You acknowledge that SupercrossKING may or may not pre-screen Content,
but that SupercrossKING and its designees shall have the right (but
not the obligation) in their sole discretion to pre-screen, refuse, or
remove any Content that is available via the Service. Without limiting
the foregoing, SupercrossKING 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. In this regard,
you acknowledge that you may not rely on any Content created by
SupercrossKING or submitted to SupercrossKING, including without
limitation information in SupercrossKING Message Boards and in all
other parts of the Service.
You acknowledge, consent and agree that SupercrossKING may access,
preserve and disclose your account information and Content if required
to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third parties; (d) respond to your
requests for customer service; or (e) protect the rights, property or
personal safety of SupercrossKING, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials
to be protected, and that use of these materials is subject to usage
rules set by SupercrossKING and/or content providers who provide
content to the Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition
of the materials provided on the Service, in whole or in part, is
strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON SupercrossKING NETWORK
When you register with SupercrossKING, you acknowledge that in using
SupercrossKING services to send electronic communications (including
but not limited to email, search queries, sending messages to
SupercrossKING Chat or SupercrossKING Groups, uploading photos and
files to SupercrossKING Photos or Briefcase, and other Internet
activities), you will be causing communications to be sent through
SupercrossKING's computer networks, portions of which are located in
California, Texas, Virginia, and other locations in the United States
and portions of which are located abroad. As a result, and also as a
result of SupercrossKING's network architecture and business practices
and the nature of electronic communications, even communications that
seem to be intrastate in nature can result in the transmission of
interstate communications regardless of where you are physically
located at the time of transmission. Accordingly, by agreeing to this
Terms of Service, you acknowledge that use of the service results in
interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
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.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
SupercrossKING does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant SupercrossKING the
following worldwide, royalty-free and non-exclusive license(s), as
applicable:
With respect to Content you submit or make available for inclusion on
publicly accessible areas of SupercrossKING Groups, the license to
use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purposes
of providing and promoting the specific SupercrossKING Group to which
such Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or SupercrossKING
removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the Service
other than SupercrossKING Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purpose for which such Content
was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service and
will terminate at the time you remove or SupercrossKING removes such
Content from the Service.
With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible
areas of the Service other than SupercrossKING Groups, the perpetual,
irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and
publicly display such Content (in whole or in part) and to incorporate
such Content into other works in any format or medium now known or
later developed.
"Publicly accessible" areas of the Service are those areas of the
SupercrossKING network of properties that are intended by
SupercrossKING to be available to the general public. By way of
example, publicly accessible areas of the Service would include
SupercrossKING Message Boards and portions of SupercrossKING Groups,
Photos and Briefcase that are open to both members and visitors.
However, publicly accessible areas of the Service would not include
portions of SupercrossKING Groups that are limited to members,
SupercrossKING services intended for private communication such as
SupercrossKING Mail or SupercrossKING Messenger, or areas off of the
SupercrossKING network of properties such as portions of World Wide
Web sites that are accessible via hypertext or other links but are not
hosted or served by SupercrossKING.
CONTRIBUTIONS TO SupercrossKING
By submitting ideas, suggestions, documents, and/or proposals
("Contributions") to SupercrossKING through its suggestion or feedback
webpages, you acknowledge and agree that: (a) your Contributions do
not contain confidential or proprietary information; (b)
SupercrossKING is not under any obligation of confidentiality, express
or implied, with respect to the Contributions; (c) SupercrossKING
shall be entitled to use or disclose (or choose not to use or
disclose) such Contributions for any purpose, in any way, in any media
worldwide; (d) SupercrossKING may have something similar to the
Contributions already under consideration or in development; (e) your
Contributions automatically become the property of SupercrossKING
without any obligation of SupercrossKING to you; and (f) you are not
entitled to any compensation or reimbursement of any kind from
SupercrossKING under any circumstances.
INDEMNITY
You agree to indemnify and hold SupercrossKING and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you
submit, post, transmit or otherwise make available through the
Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service
(including your SupercrossKING ID), use of the Service, or access to
the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SupercrossKING may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that email messages, message board postings
or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that may
be sent from or received by an account on the Service, the maximum
disk space that will be allotted on SupercrossKING's servers on your
behalf, and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time. You agree
that SupercrossKING has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You
acknowledge that SupercrossKING reserves the right to log off accounts
that are inactive for an extended period of time. You further
acknowledge that SupercrossKING reserves the right to modify these
general practices and limits from time to time.
MODIFICATIONS TO SERVICE
SupercrossKING 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 SupercrossKING
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
TERMINATION
You agree that SupercrossKING may, under certain circumstances and
without prior notice, immediately terminate your SupercrossKING
account, any associated email address, and access to the Service.
Cause for such termination shall include, but not be limited to, (a)
breaches or violations of the TOS or other incorporated agreements or
guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) engagement by you in fraudulent or
illegal activities, and/or (h) nonpayment of any fees owed by you in
connection with the Services. Termination of your SupercrossKING
account includes (a) removal of access to all offerings within the
Service, including but not limited to SupercrossKING Mail, Groups,
Messenger, Chat, Domains, Personals, Auctions, Message Boards,
Greetings, Alerts and Games, (b) deletion of your password and all
related information, files and content associated with or inside your
account (or any part thereof), and (c) barring of further use of the
Service. Further, you agree that all terminations for cause shall be
made in SupercrossKING's sole discretion and that SupercrossKING shall
not be liable to you or any third party for any termination of your
account, any associated email address, or access to the Service.
DEALINGS WITH ADVERTISERS
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
SupercrossKING 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.
LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because SupercrossKING has no
control over such sites and resources, you acknowledge and agree that
SupercrossKING 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 SupercrossKING 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.
SupercrossKING'S PROPRIETARY RIGHTS
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 by advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly permitted by applicable law or
authorized by SupercrossKING 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.
SupercrossKING 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 from, 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, nor 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 SupercrossKING for use in accessing the Service.
DISCLAIMER OF WARRANTIES
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. SupercrossKING AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM 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.
SupercrossKING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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 SupercrossKING OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN
OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN
EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE
SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING
THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS
OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SupercrossKING AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU 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 SupercrossKING HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) 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; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
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 19 AND 20 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities, please
read the above Sections 19 and 20 again. They go doubly for you. In
addition, for this type of information particularly, the phrase "Let
the investor beware" is apt. The Service is provided for informational
purposes only, and no Content included in the Service is intended for
trading or investing purposes. SupercrossKING and its licensors shall
not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available via the
Service, and shall not be responsible or liable for any trading or
investment decisions based on such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.
NOTICE
SupercrossKING may provide you with notices, including those regarding
changes to the TOS, including by but not limited to email, regular
mail, SMS, MMS, text message, postings on the Service, or other
reasonable means now known or hereinafter developed.
TRADEMARK INFORMATION
The SupercrossKING, SupercrossKING logo, logos and product and service
names are trademarks of SupercrossKING Inc. (the "SupercrossKING
Marks"). Without SupercrossKING's prior permission, you agree not to
display or use in any manner the SupercrossKING Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
SupercrossKING respects the intellectual property of others, and we
ask our users to do the same. SupercrossKING may, in appropriate
circumstances and at its discretion, disable and/or terminate the
accounts of users who may be repeat infringers. If you believe that
your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide SupercrossKING's Copyright Agent the
following information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
a description of the copyrighted work or other intellectual property
that you claim has been infringed;
a description of where the material that you claim is infringing is
located on the site;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright
or intellectual property owner's behalf.
SupercrossKING's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By phone: (888) SX-KING-1
By email: copyright@SupercrossKING.com
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you
and SupercrossKING and governs your use of the Service, superseding
any prior agreements between you and SupercrossKING with respect to
the Service. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other
SupercrossKING services, affiliate services, third-party content or
third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
SupercrossKING shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and
SupercrossKING agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa Clara,
California.
Waiver and Severability of Terms. The failure of SupercrossKING 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.
No Right of Survivorship and Non-Transferability. You agree that your
SupercrossKING account is non-transferable and any rights to your
SupercrossKING ID or contents within your account terminate upon your
death. Upon receipt of a copy of a death certificate, your account may
be terminated and all contents therein permanently deleted.
Statute of Limitations. 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.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to our Customer Care group
I agree to the above terms