Terms of Service for TMG (The Media Guides) College Sports
Terms of Service
Last updated on July 15, 2016
This page describes the terms and conditions that govern your use of TMGcollegesports.com’s websites, digital subscriptions, RSS feeds and mobile applications (if applicable), offered by TMG (The Media Guides) collegesports/TMGcollegesports/TMGcollegesports.com (“we”, “us” or “our”).
1. GENERAL RULES
1.1 If you choose to subscribe to our website, mobile sites and applications, any of the features of this site, including but not limited to RSS, API, software and other downloads (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and TMGcollegesports.
1.2 We may change, add or remove portions of these Terms of Service at any time. Any such changes shall become effective immediately upon posting. Therefore, it is your responsibility to review these Terms of Service prior to each use of our website and by continuing to use our website, you agree to any changes.
1.3 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE YOUR USE OF THE SERVICE AND CANCEL YOUR SUBSCRIPTION BY CONTACTING US AT mailto:admin@TMGcollegesports.com. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES TO THESE TERMS OF SERVICE, WILL INDICATE YOUR ACCEPTANCE OF SUCH RULES AND CHANGES OR MODIFICATIONS THERETO.
1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. However, in no event will we make changes to paid Services without first providing you notice of such changes.
2. CONTENT OF THE SERVICES
2.1 The contents of the Services, including our website, are intended for your personal, noncommercial use. All materials published on the Services (including, but not limited to articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by TMGcollegesports or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
2.2 The Services and Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from us or the copyright holder identified in the copyright notice contained in the Content.
2.4 The Content of the Services is owned or licensed to us.
3. ACCESS AND AVAILABILITY OF OTHER SERVICES AND LINKS
3.1 The Services may contain links to other related Internet sites and resources. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the administrator of such sites.
4. USER GENERATED CONTENT (INCLUDING COMMENTS)
4.1 You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
You agree that you will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
4.2 The Services shall be used only in a noncommercial manner. You shall not, without the express approval of TMGcollegesports, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
4.3 You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, text, video, audio or photographs) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed TMGcollegesports and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in RSS feeds, APIs and made available for republishing through other formats.
4.4 You grant TMGcollegesports a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for TMGcollegesports or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services, including any Submission posted on or to the Services through a third party.
4.5 You are solely responsible for the content of your Submissions. However, while TMGcollegesports does not and cannot review every Submission and is not responsible for the content of these messages, TMGcollegesports reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
4.6 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (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; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless TMGcollegesports and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. TMGcollegesports reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
6. REGISTRATION AND SECURITY
6.1 As part of the registration/subscription or account creation process, you will create login credentials by providing an e-mail address and selecting a username and password. You also may have to provide us certain registration information, all of which must be accurate and up-to-date. By subscribing to TMGcollegesports.com you warrant and certify that you are at least thirteen (13) years old.
6.2 Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password. You may not (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.
6.3 Please notify admin@TMGcollegesports.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 or credit card information..
6.4 You are responsible for all usage or activity on your subscription account, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
7. FEES AND PAYMENTS
7.1. We offer premium content on an annual subscription basis. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your account at any time. All new fees, if any, will be posted prominently on our Web Sites and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to any additional charges for any digital products or services offered for sale through the Services by us or by any authorized vendor or service provider. All additional fees and charges shall be billed to and paid for by you.
8. COMMUNICATIONS BETWEEN TMGCOLLEGESPORTS AND USERS
8.1 We reserve the right to send electronic mail to you for the purpose of informing you of changes and/or additions to the Services.
8.2 We may contact you via e-mail regarding your subscription or occasionally for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users.
9.1 You may terminate your account at any time by contacting us at admin@TMGcollegesports.com. If you are a paying subscriber and are unsatisfied with the quality of the product or Services we provided, we will issue you a pro-rated refund of the purchase.
9.2 TMGcollegesports may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
10.1 These Terms of Service have been made in and shall be construed and enforced in accordance with California law. Any action to enforce these Terms of Service shall be brought in the state court located in San Bernardino County.
10.3 Correspondence should be sent to admin@TMGcollegesports.com.
10.4 You agree to report to us any copyright violations of the Terms of Service as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in our Web Sites’ service, please notify admin@TMGcollegesports.com.