Baylorfans.com Terms of Service
Welcome to Baylorfans.com! Before you begin using
Baylorfans.com, you must read and agree to these Baylorfans.com Terms of Service
("Terms of Service") and the following terms and conditions and
policies, including any future amendments (collectively, the
"Agreement"):
Although we may attempt to notify you when major changes
are made to these Baylorfans.com Terms of Service, you should periodically
review the most up-to-date version (link here). Baylorfans.com may, in its sole
discretion, modify or revise these Terms of Service and policies at any time,
and you agree to be bound by such modifications or revisions. If you do not
accept and abide by this Agreement, you may not use the Baylorfans.com service.
1. Description of Service. Baylorfans.com
is a website and online discussion forum (the "Service"). You will be
responsible for all activities occurring under your username and for keeping
your password secure. You understand and agree that the Service is provided to
you on an AS IS and AS AVAILABLE basis. Baylorfans.com disclaims all
responsibility and liability for the availability, timeliness, security or
reliability of the Service. Baylorfans.com also reserves the right to modify,
suspend or discontinue the Service with or without notice at any time and
without any liability to you. You must be at least 17 years of age to use the
Service. Baylorfans.com
reserves the right to refuse service to anyone at any time without notice for
any reason.
2. Proper Use. You agree
that you are responsible for your own use of the Service, for any posts you
make, and for any consequences thereof. You agree that you will use the Service
in compliance with all applicable local, state, national, and international
laws, rules and regulations, including any laws regarding the transmission of
any and all confidential and/or proprietary information. You agree to abide by
the Baylorfans.com Content Policy (link to it here) and the rules and
restrictions therein. Although we may attempt to notify you when major changes
are made to the Baylorfans.com Content Policy, you should periodically review
the most up-to-date version. Baylorfans.com may, in its sole discretion, modify
or revise the Baylorfans.com Content Policy at any time, and you agree to be
bound by such modifications or revisions. Violation of any of the foregoing,
including the Baylorfans.com Content Policy, may result in immediate termination
of your account, and may subject you to state and federal penalties and other
legal consequences. Baylorfans.com reserves the right, but shall have no
obligation, to investigate your use of the Service in order to (a) determine
whether a violation of the Agreement has occurred or (b) comply with any
applicable law, regulation, legal process or governmental request. Much
of the content of Baylorfans.com -- including the contents of specific postings
-- is provided by and is the responsibility of the person or people who made
such postings. Baylorfans.com takes no
responsibility for such content, and merely provides access to such content as a
service to you. By their very nature, Baylorfans.com may carry offensive,
harmful, inaccurate or otherwise inappropriate material, or in some cases,
postings that have been mislabeled or are otherwise deceptive. We expect that
you will use caution and common sense and exercise proper judgment when using
Baylorfans.com. Baylorfans.com does not endorse, support, represent or guarantee
the truthfulness, accuracy, or reliability of any communications posted via the
Service or endorse any opinions expressed via the Service. You acknowledge that
any reliance on material posted via the Service will be at your own risk.
3. Privacy. As a
condition of using the Service, you agree to the terms of the Baylorfans.com
Privacy Policy (link here) which may be updated from time to time, as expressed
in the most recent version that exists at the time of your use. You agree that
Baylorfans.com may access or disclose your personal information, including the
content of your communications, if Baylorfans.com is required to do so in order
to comply with any valid legal process or governmental request (such as a search
warrant, subpoena, statute, or court order), or as otherwise provided in these
Terms of Service and the general Baylorfans.com Privacy Policy.
4. General Practices Regarding Use and Storage.
You agree that Baylorfans.com has no responsibility or liability for the
deletion of, or the failure to store or to transmit, any Content and other
communications maintained by the Service. Baylorfans.com retains the right to
create limits on use and storage at our sole discretion at any time with or
without notice.
5. Content of the Service.
Baylorfans.com takes no responsibility for third-party content (including,
without limitation, any viruses or other disabling features), nor does
Baylorfans.com have any obligation to monitor such third-party content.
Baylorfans.com reserves the right at all times to remove or refuse to distribute
any content on the Service, such as content which violates the terms of this
Agreement. Baylorfans.com also reserves the right to access, read, preserve, and
disclose any information as it reasonably believes is necessary to (a) satisfy
any applicable law, regulation, legal process or governmental request, (b)
enforce this Agreement, including investigation of potential violations hereof,
(c) detect, prevent, or otherwise address fraud, security or technical issues,
(d) respond to user support requests, or (e) protect the rights, property or
safety of Baylorfans.com, its users and the public. Baylorfans.com will not be
responsible or liable for the exercise or non-exercise of its rights under this
Agreement.
6. Intellectual Property Rights. Baylorfans.com's
Intellectual Property Rights. You acknowledge that Baylorfans.com owns all
right, title and interest in and to the Service, including all intellectual
property rights. Baylorfans.com’s rights are protected by U.S. and
international intellectual property laws. Accordingly, you agree that you will
not copy, reproduce, alter, modify, or create derivative works from the Service.
You also agree that you will not use any robot, spider, other automated device,
or manual process to monitor or copy any content from the Service. As described
immediately below, Baylorfans.com’s rights do not include third-party content
used as part of the Service, including the content of communications appearing
on the Service.
Your Intellectual Property Rights. Baylorfans.com
claims no ownership or control over any Content submitted, posted or displayed
by you on or through Baylorfans.com services.
You or a third party licensor, as appropriate, retain all patent, trademark and
copyright to any Content you submit, post or display on or through
Baylorfans.com services and you are responsible for protecting those rights, as
appropriate. By submitting, posting or displaying Content on or through
Baylorfans.com services which are intended to be available to the members of the
public, you grant Baylorfans.com a worldwide, non-exclusive, royalty-free
license to reproduce, publish and distribute such Content on Baylorfans.com
services for the purpose of displaying and distributing Baylorfans.com services.
Baylorfans.com furthermore reserves the right to refuse to accept, post, display
or transmit any Content in its sole discretion. You represent and warrant that
you have all the rights, power and authority necessary to grant the rights
granted herein to any Content submitted. You may choose to submit, post, and
display any materials on or through the Baylorfans.com service under a public
license by manually marking your materials as such. For avoidance of doubt,
Baylorfans.com is not a party to any such public license between you and any
third party. Also, for avoidance of doubt, Baylorfans.com may choose to exercise
the rights granted under (a) the public license or licenses, if any, you apply
to your materials or (b) this Agreement. 7. No
Resale of the Service. Unless expressly
authorized in writing by Baylorfans.com, you agree not to reproduce, duplicate,
copy, sell, trade, resell or exploit for any commercial purposes (a) any portion
of the Service, (b) use of the Service, or (c) access to the Service.
8. Publicity.Any use of
Baylorfans.com's trade names, trademarks, service marks, logos, domain names,
and other distinctive brand features ("Brand Features"), including
"Baylorfans.com," must be in compliance with this Agreement.
9. Representations and Warranties.
You represent and warrant that (a) all of the information provided by you to
Baylorfans.com to participate in the Service is correct and current; and (b) you
have all necessary right, power and authority to enter into this Agreement and
to perform the acts required of you hereunder.
10. Termination; Suspension.
Baylorfans.com may, in its sole discretion, at any time and for any reason,
terminate the Service, terminate this Agreement, or suspend or terminate your
account. In the event of termination, your account will be disabled and you may
not be granted access to your account or any files or other content contained in
your account although residual copies of information may remain in our system
for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the
Agreement, along with applicable provisions of the general Terms of Service
(including the section regarding limitation of liability), shall survive
expiration or termination.
11. Indemnification. You
agree to hold harmless and indemnify Baylorfans.com, and its subsidiaries,
affiliates, officers, agents, and employees from and against any third-party
claim arising from or in any way related to your use of the Service, including
any liability or expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys' fees, of every
kind and nature. In such a case, Baylorfans.com will provide you with written
notice of such claim, suit or action.
12. Entire Agreement.
This Agreement constitutes the entire agreement between you and Baylorfans.com
and governs your use of the Service, superseding any prior agreements between
you and Baylorfans.com.
13. Waiver and Severability of Terms. The
failure of Baylorfans.com to exercise or enforce any right or provision of the
Terms of Service shall not constitute a waiver of such right or provision. If
any provision of the Terms of Service 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 Terms of Service remain in full force
and effect.
14. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising of or related to use of Baylorfans.com services or the
Terms of Service must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
15. Choice of Law; Jurisdiction; Forum.
These Terms of Service will be governed by and construed in accordance with the
laws of the State of Texas, without giving effect to its conflict of laws
provisions or your actual state or country of residence. Any claims, legal
proceeding or litigation arising in connection with the Service will be brought
solely in McLennan County, Texas, and you consent to the jurisdiction of such
courts.