The SPPKIDS.com and SPPSPORTS.com Web Sites are operated by SportsProfilesPlus.com (SPP) and are owned by Profile Network Inc., (“Profile Network”).
Celebrity Sweat.net is operated by Sports Profiles Plus and licensed by Profile Network, Inc.
VALIDITY OF ELECTRONIC/INTERNET CONTACTS. These Terms or any other agreements, if any, published on this Web Site will be given the same meaning, force and effect as if any of them were executed as hard paper agreements; and all of the laws to which an executed hard paper agreement are subject will govern these Terms and other agreements published on this Web Site.
TRADEMARKS, COPYRIGHTS. “Intellectual Property Content” on this Site shall mean without limitation any and all proprietary software, images, text, logos, marks, graphics, illustrations, sound, videos, music, technology, applications, copy, information, data, goodwill or knowledge or other materials (including, without limitation any associated advertising and related promotional materials). Said Intellectual Property Content is, or may be, protected by copyrights or trademarks which are owned or licensed by Profile Network or otherwise used with permission of their respective owners.
You may not reproduce, perform, create derivative works from, archive (for longer than 48 hours), republish, upload to or download from, post, transmit, participate in the sale or transfer of or otherwise distribute or exploit in any manner whatsoever any Intellectual Property Content from this or any other Web Site owned or operated by Profile Network without its prior written permission, which may be withheld for any reason whatsoever.
Nothing contained in this Agreement shall be construed to vest in you any right, title or interest in or to the SportsProfilesPlus, SportsProfile, SPPSPORTS, SPPKIDS or Profile Network Logos or in the goodwill now or hereafter associated therewith. Any and all goodwill associated with or identified by these Logos shall inure directly and exclusively to the benefit of Profile Network. You shall not take any action that could be detrimental to the goodwill associated with these Logos or with Profile Network.
Any use of any portion or element of this Web Site on any other Web Site or other networked computer environment is prohibited without prior written express permission from Profile Network, which may be withheld for any reason whatsoever.
Further, you may not reproduce, perform, create derivative works from, archive (for longer than 48 hours), republish, upload to or download from, post, transmit, participate in the sale or transfer of or otherwise distribute or exploit in any manner whatsoever any Intellectual Property Content, as defined above, from any Content Provider’s site (that is hypertext linked to, associated with, displayed, or incorporated into Profile Network’s Web Site) without the Content Providers’ prior written approval, which may be withheld for any reason whatsoever.
Nothing contained in this Agreement shall be construed to vest in you any right, title or interest in or to our Content Providers’ Logos or goodwill now or hereafter associated therewith. Any and all goodwill associated with or identified by our Content Providers’ Logos shall inure directly and exclusively to their benefit. You shall not take any action that could be detrimental to the goodwill associated with Content Providers’ Logos or Content Providers.
UNSOLICITED SUBMISSIONS. Profile Network welcomes you to share your comments with us. Your input will help us offer pertinent information and services in these Web pages. We will make efforts to review mail that you send, but we may not be able to do so or to respond to all messages. We are not, however, soliciting, and do not solicit, ideas or suggestions for our business since our employees and consultants constantly provide us with ideas and suggestions; and you acknowledge that any submissions from you may be available from the foregoing or other sources. We assume no responsibility for reviewing any submissions which are business related, or otherwise. You agree that any submissions become the sole and exclusive property of Profile Network, that you will receive no credit, compensation or other consideration for any submissions, and Profile Network will have no liability or responsibility for the confidentiality of any submissions, or resulting in any manner from any similarities that may appear in future Profile Network undertakings. Submissions may not be acknowledged and will not be returned.
LINKS. Profile Network is not responsible for the content of any non Profile Network Web Site (sites of Content Providers) which may be linked to any page of the SportsProfilesPlus.com Web Site. Further, Profile Network is not responsible for, nor does it endorse, any content, services or products, other than its own, which may be displayed or offered on those Web Sites, or any Web Site linked to this Web Site. Links are provided for the convenience of Web Site users and visitors only, and you access them at your own risk and responsibility.
DISCLAIMERS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THE MATERIALS AND CONTENT ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND APPEAR WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PROFILE NETWORK MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS AND CONTENT AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SHOULD APPLICABLE LAW NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY. IN SUCH STATES OR JURISDICTIONS, PROFILE NETWORK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THIS DISCLAIMER APPLIES TO ANY LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE CAUSED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR BUGS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE WEB SITE, GARBLED, JUMBLED OR LATE TRANSMISSIONS, OR UNAVAILABILITY OF OR ACCESS TO THE WEB SITE OR ANY MEANS OF COMMUNICATING WITH THE WEB SITE.
NEITHER PROFILE NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, NOR ANY PERSON OR ENTITY WHO WAS OR IS DIRECTLY OR INDIRECTLY INVOLVED IN CREATING, PRODUCING, DISTRIBUTING OR MAINTAINING THIS WEB SITE, OR ANY PORTION OF THIS WEB SITE, SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES WHICH ARE DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM OR RELATED TO ANY USE OR INABILITY TO USE THIS WEB SITE.
USE OF INFORMATION/USER WARRANTIES. You warrant and represent that you will take no action and perform no acts of any kind whatsoever which will, or may, cause any harm, loss, injury or damage to this Web Site, or impede its availability to others. You agree to use this Web Site only for personal, non-commercial, lawful purposes. Accordingly, you may not: (1) post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful or otherwise objectionable content; (2) harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user of this Web Site or other person or entity; (3) post, transmit, promote, link, or facilitate the distribution of content which is deemed by Profile Network to be offensive; (4) upload files that contain software or other material protected by Intellectual Property laws or other applicable laws unless the user owns or controls the rights thereto or has received all necessary consents; (5) upload files that contain corrupted files, viruses or any other similar software files the intent of which is to damage the operation of another’s computer; (6) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to any rules or regulations having the force of law; or (7) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web Site.
TERMINATION. Profile Network may, at its sole discretion, at any time and without prior notice terminate or suspend any person’s or entity’s access to all or any part of this Web Site for any reason whatsoever. Should any person’s or entity’s access be terminated or suspended, or should this Web Site be terminated or suspended, the restrictions, disclaimers, and limitations of liability set forth in these Terms will nevertheless survive.
JURISDICTION/CONSTRUCTION. These Terms will be governed and construed in accordance with the laws of the State of Illinois, applicable to agreements made and wholly performed in that State, without regard to its, or any, conflicts of laws rules. Any action brought relative to matters related to this Web Site or these Terms will be brought in Courts located in Illinois having competent jurisdiction.
Paragraph headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of these Terms.
Waiver of any breach or default under any provision of these Terms shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision.
If any provision of these Terms is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from the Terms and the remaining provisions will remain in force.
YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEB SITE IS GOVERNED BY THESE TERMS AND THE CONDITIONS RECITED ABOVE, AND THAT YOU ARE NOT RELYING ON ANY OTHER OR PRIOR TERMS, EXPRESS OR IMPLIED, WRITTEN OR ORAL.