Please Note: While we have included a summary along with each provision, this is solely for convenience and reference purposes and does not define, limit, construe or describe the scope or extent of such section. As a result, we strongly urge You to read the entire document to fully understand Your rights and obligations.
- YOUR AGREEMENT
- No child under the age of 13 is permitted to register as a No Bull Sports user. No Bull Sports will promptly delete the account of and remove the related stored personal information of underage users from the Site if No Bull Sports becomes aware of such membership or stored personal information, or upon receipt of written notice from the underage user’s parent with a request for removal of the membership and/or information. To comply with applicable state and federal laws regarding online safety and security, No Bull Sports will provide monitoring, filtering and such personnel and technology as No Bull Sports determines to be appropriate to maintain online safety and security on its Site.
- Please note that this website is private property, not public domain. Its use is a privilege, not a right. No Bull Sports grants You a limited, revocable, nonexclusive license to access the Site for Your own non-commercial personal use. No other use of the content, except content You submit, is permitted. Reprinting or electronically reproducing any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, You may not copy, reproduce, republish, upload, post, transmit, distribute sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without our prior written consent in each instance.
- Use of the Site in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political or social orientation nature), promotions, products, services or other inappropriate content) is strictly prohibited. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any content to any third party (including, without limitation, display and distribute the content via a third-party website) without No Bull Sports’ express prior written consent. Unauthorized or prohibited exploitation of the Site‘s content may subject the offender to civil liability and/or criminal prosecution under applicable federal and state laws.
Summary: You are granted a limited license to use the Site.
- ACCOUNT INFORMATION
- By registering with the Site You are giving Your consent to receive communications from No Bull Sports, which primarily will include information about the Site. From time to time, No Bull Sports, on its own accord or on behalf of its affiliated entities and/or selected third-party partners, may send targeted information on products or services which we believe may be of interest to You. If You do not wish to receive these communications, You may request to be removed by using the opt-out mechanism listed in the communications You receive.
Summary: You must provide truthful account information to No Bull Sports. No Bull Sports may contact You from time to time regarding its or its partners’ products and services.
- SCHOLARSHIP RULES
- No Bull Sports may offer approximately four scholarships per year, once per quarter. To be eligible for consideration, scholarship applicants must submit their post no later than March 1, June 1, September 1 or December 1, depending on the applicable quarter. The scholarship recipients will be selected by a panel of people persons selected by No Bull Sports. All scholarship applicants will be notified of the panel’s decision by e-mail no later than March 31, June 30, September 30 or December 31, depending on the applicable quarter.
- No Bull Sports reserves the right to include additional rules, qualifications, and restrictions on the granting of any particular scholarship (e.g. household income requirements or sports requirements), and will include any additional scholarship rules or restrictions on the Site. All decisions and determinations made by No Bull Sports regarding scholarship applications, eligibility, rules, or restrictions will be made in No Bull Sports sole and absolute discretion, which is final and binding upon the parties.
- Any breach of these Terms and Conditions or the rules or qualifications for a scholarship will permit No Bull Sports to reject any scholarship application pending or revoke any scholarship previously granted.
Summary: No Bull Sports will offer four scholarships per year. Check the scholarship page for additional rules and qualifications.
- 4. PROHIBITED CONDUCT
- A No Bull Sports Site and Site user may not:
- Reproduce, distribute, publicly display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner the Site or any portion thereof, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived there from;
- Permit any other person other than You to access Your account on the Site or create or provide any other means through which Your account on the Site may be accessed by anyone besides You (e.g., through server emulators);
- Upload, post, e-mail or otherwise transmit through the Site any material that:
- is unlawful, harmful, threatening, abusive, harassing, bullying, tortious, defamatory, discriminatory, vulgar, sexual, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
- is information You do not have a right to communicate, such as inside information, proprietary information from an employer or confidential information subject to a nondisclosure agreement;
- infringes any patent, trademark, trade secret, copyright or other party’s proprietary rights;
- is unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- promotes or encourages the use of illegal drugs, prescription drugs (except under a doctor’s care with a prescription), gambling, tobacco, or alcohol; or
- 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;
- Use the Site in any way that harms minors;
- Impersonate another user or administrator;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content You or another party transmit through a No Bull Sports Site;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Engage in any conduct that interferes with the operation of the Site or the Site and/or enjoyment of the Site or the Site by other parties;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- “Stalk” or otherwise harass another;
- Collect or store personal data about another user without the express permission of that user;
- Reveal personal information about another user – including but not limited to personally identifiable information about that user, the administrative role of the user within a Site and information about Site characters associated with that user – without the express permission of such user;
- Modify any files for the use of any Site hacking/altering/cheating software or tools, including scripting or macroing software, or attempt to disassemble the Site and/or decipher the data transmissions between the Site and server;
- Engage in any behavior that is contrary to the “spirit of the Site” as defined by No Bull Sports in its sole discretion. This includes the use of multiple accounts to undermine or spy on other parties, or to otherwise manipulate the Site environment; and
- Fail to provide truthful and/or accurate registration information.
- Email email@example.com or contact a moderator on the Site to report any violations of these Usage Rules.
- Violation of any of the above prohibited conduct rules may result in deletion of the prohibited content from the Site, Your account with No Bull Sports being terminated and deleted, revocation of any scholarships awarded, or Your prohibition from creating a new account with No Bull Sports, each at No Bull Sports’ sole discretion.
- A No Bull Sports Site and Site user may not:
Summary: You may not copy the content on the Site, or engage in illegal, offensive, or harmful conduct on the Site, as determined by No Bull Sports.
- With the exception of certain shareware included in the Site programming, all Site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements of these, and trademarks, service marks, trade dress and trade names (the “Materials”) are the property of No Bull Sports LLC and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You acknowledge that all Materials provided on this Site, including but not limited to the information, documents, products, software, logos, graphics, sounds, images, and services, are provided either by No Bull Sports or by its respective third party authors, developers and vendors (“Third Party Providers”) and the underlying intellectual property rights are owned by No Bull Sports and/or its Third Party Providers.
- You warrant and represent that you own and retain the copyright in any works or content You post or otherwise submit to No Bull Sports. By uploading or otherwise submitting any works or content to the Site (such as in connection with posting of text, artwork, photos, videos, sound recordings or other original works on Your profile, bulletin boards, blogs, other public areas of the Site or contest submissions), You (and Your parents, if You are under 18 years of age) automatically grant (or warrant that the owner of such rights has expressly granted) to No Bull Sports a perpetual, royalty-free, irrevocable, non-exclusive 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, medium, or technology (now known or hereafter developed or devised) throughout the universe). In addition, You warrant that all so-called “moral rights” and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived.
Summary: All materials provided on this Site are provided and owned by either No Bull Sports LLC or by its respective Third Party Providers. You agree that any content submitted by You is licensed to No Bull Sports and may be used as No Bull Sports sees fit.
- You agree that neither No Bull Sports nor the Site is responsible for any hardware, software or Internet access issues or unavailability that may arise in your use of the Site or the Site, and You further agree to hold No Bull Sports and its employees harmless and not liable for any such issues that may arise. You will be solely and completely responsible for all costs incurred for telephone costs and Internet access costs, as well as equipment, servicing, repair or correction incurred while maintaining connectivity to the Site.
- You acknowledge that neither No Bull Sports nor the Site will be held liable for any loss of Your data resulting from server maintenance, spot maintenance or any other downtime event. In the course of maintaining the Site, No Bull Sports will schedule regular periods of server maintenance as well as spot maintenance, usually occurring with a new Site or a new service. In the event of unforeseen outages or downages as might occur in connection with unusual weather, fires, floods, earthquakes, or other events that could be considered to be “Acts of God,” strikes, terrorism, cyberattack, extortion, war, riots, embargoes, acts of civil or military authorities, fuel, energy, labor or material shortages, failures of the public Internet, or shortages of transportation facilities or other events that could be considered to be beyond the reasonable control of the Site , No Bull Sports will not be held responsible for the unavailability of its Site, loss of Site data, unforeseen damage to Your equipment, Internet connection or software as a direct result of such unforeseen downage or outage, or any other type of delay or failure arising out of such events.
- THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. NO BULL SPORTS DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO BULL SPORTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO BULL SPORTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU, (I.E., NOT NO BULL SPORTS OR THE SITE) ASSUME THE COMPLETE COSTS 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.
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NO BULL SPORTS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DONORS, LICENSORS, REPRESENTATIVES AND THIRD-PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY NO BULL SPORTS OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NO BULL SPORTS HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE TOTAL OF PAYMENTS RECEIVED BY NO BULL SPORTS FROM YOU OVER THE PERIOD OF ONE YEAR, OR $100.00, WHICHEVER IS LESS. THE FOREGOING LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR INJURY TO PERSONAL OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY LAW.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- This Section 6 and Section 12 are an essential element of this Agreement, as No Bull Sports is making this service available to You under the terms herein in reliance on these material terms.
Summary: This Site is provided on an “As Is” or “As Available Basis” and disclaims all warranties. You agree that No Bull Sports shall not be responsible for any consequential damages.
- By using the Site, You agree to indemnify, defend and hold harmless No Bull Sports LLC, its officers, directors, employees, agents, Third Party Providers, suppliers or any other party involved in creating, producing, transmitting, or distributing the Site or related products or services and hold them harmless from any and all claims and expenses, including (without limitation) attorneys’ fees, arising from Your use of the Site, Your submission of ideas and/or related materials to the Site or from any person’s use of any ID, membership or password You maintain with any portion of the Site, regardless of whether such use is authorized by You. You agree to waive, to the fullest extent permitted by law, all laws that may limit the efficacy of such indemnifications.
Summary: You agree to indemnify No Bull Sports for claims related to Your conduct on the Site.
- LINKS TO/FROM THIRD PARTY WEBSITES
- Occasionally, we may make available a link to a third party’s website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We provide the links to You only as a convenience. We do not endorse any third party linked website or its use or contents. You may link to the Site, provided that your website does not (i) replicate Site content or use any logos without permission; (ii) create a browser or border environment around Site content; (iii) imply any endorsement from No Bull Sports or otherwise misrepresent its relationship with No Bull Sports; or (iv) contain content that could be construed as distasteful, offensive, controversial or inappropriate for all age groups.
Summary: No Bull Sports is not responsible for any content or Your experience on any third party sites. You may link to the Site subject to certain conditions.
- COPYRIGHT AND TRADEMARK NOTICE
- No Bull Sports (c) 2016. Except as expressly provided, nothing within the Site shall be construed as conferring any license under our or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, You acknowledge and agree that all content available through and used to operate the Site and its services is protected by copyright, trademark, patent, or other proprietary rights of No Bull Sports and its affiliates, licensors, and service providers. You agree: (i) not to modify, alter, or deface any of the trademarks, service marks, trade dress (collectively “Trademarks”) or other intellectual property made available by us in connection with the Site; (ii) not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our affiliates or service providers; (iii) not to use any of the Trademarks or other content accessible through the Site for any purpose other than the purpose for which we have made it available to You; (iv) to maintain the copyright notice of No Bull Sports with respect to any content You reproduce with permission and to add a permission notice with the copyright notice (i.e. – used with permission).; (v) not to defame or disparage us, our Trademarks, or any aspect of the Site; and (vi) not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any software or programs used in connection with it or its Products and Services.
Summary: This Site is the intellectual property of No Bull Sports and You agree not to infringe upon those rights.
- NOTIFICATION OF CLAIMS OF INFRINGEMENT
- No Bull Sports respects the intellectual property rights of others, and we ask Site users to do the same. No Bull Sports may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. No Bull Sports Sites employs multiple measures to prevent copyright infringement over this Site and to end promptly any infringement that might occur. If You believe that the Site contains elements that infringe Your copyright in Your work, please email firstname.lastname@example.org, including: Your name, Your contact information, Your physical or electronic signature, identification of the copyrighted work You allege was infringed, a link to the webpage(s) that include the allegedly infringing material, a statement of Your good faith belief that the use or publication of the work was not authorized, and a statement under penalty of perjury that the notice is accurate and You are authorized to act on behalf of the owner of the copyrighted work. No Bull Sports will promptly investigate any alleged infringing works and remove infringing any infringing content not subject to fair use or other defenses, pursuant to the Digital Millennium Copyright Act and other applicable law.
- If No Bull Sports receives three or more notices of alleged infringement of a third party’s intellectual property in content or postings You submit to the Site, and No Bull Sports in its sole discretion agrees with the allegations in three or more such notices, Your account with No Bull Sports will be terminated, any scholarships will be revoked, and You will be prohibited from creating a new account with No Bull Sports.
Summary: If You believe that the Site contains materials that violate any copyright right, please contact us at email@example.com
- ELECTRONIC AGREEMENT
- You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after You consent to the Agreement.
To request a non-electronic copy of this Agreement, please send an email to firstname.lastname@example.org
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.
Summary: You may request a non-electronic copy of this Agreement.
- You may not sublicense, rent, sell, assign or otherwise transfer the rights or obligations granted to user in this agreement, and any such attempted transfer shall be void. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. No Bull Sports’ failure to enforce at any time any provision of this agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by No Bull Sports of any provision, condition or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything to the contrary, no default, delay or failure to perform on the part of No Bull Sports shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond No Bull Sports’ reasonable control.
- In any action to enforce this agreement, the prevailing party shall be awarded its costs and fees (including reasonable attorneys’ fees), including such fees and costs incurred in enforcing and collecting any judgment. All notices given by You shall be sent via e-mail to email@example.com No Bull Sports may give notice to You (including service of process) at the e-mail address You provided in the Registration Data.
Summary: This agreement supersedes all prior written or oral agreements between us. You agree that any dispute shall be governed by California law and shall be heard in Fresno, California.