Terms of Use
These Terms of Use disclose the terms applicable to your use of the Site, which is provided by the United States Billiard Association (referred to as "USBA", "us" or "we") and is located at http://www.usba.net. Please read the information below to learn the following regarding your use of this Site:
- Restrictions on Use.
- Advertising Disclaimer and Trademark and Copyright Notice.
- Warranty/Liability Disclaimer.
- Confidential and Proprietary Information.
- Links to our Site.
- Use of Public Forum Message Board.
- Links or Pointers to Other Sites.
- No Unlawful or Prohibited Purpose.
- Indemnity
- Choice of Law and Venue.
You acknowledge that by accessing or using our Site, you agree to be bound by all of the Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS PROMPTLY EXIT THIS SITE. We reserve the right to change these Terms at any time. Such changes shall be effective immediately upon notice thereof by any means, including without limitation, issuing an e-mail to the e-mail address listed by registered users or posting a notice on this page. Each registered user acknowledges and agrees that it is his or her sole responsibility to maintain a valid e-mail address, to notify USBA of any changes of that e-mail address, and to review this Site and these Terms periodically and to be aware of any changes made to these Terms. Your continued use of this Site after changes to these Terms will constitute your (a) acknowledgment of the changed Terms; and (b) agreement to abide by and be bound by the changed Terms.
1. Restrictions on Use.
2. Advertising Disclaimer and Trademark and Compyright Notice.
"USBA" and other USBA trademarks, service marks, logos and designs referenced on this Site are the logos, trademarks, service marks and copyrighted property of USBA. All other trademarks, service marks, registered trademarks, trade names, brands and brand names appearing on this Site are the sole property of their respective owners. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by USBA. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of USBA or any third party, except as expressly granted herein or by written agreement between you and USBA. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. All content appearing on this Site is the property of USBA [Copyright © 2008 United States Billiard Association all rights reserved]. As a user, you are authorized only to view, copy, print, and distribute documents on this Site so long as (1) the document is used for informational purposes only, not for commercial purposes or gain, and (2) any copy of the document (or portion thereof) includes the following copyright notice: "Copyright © 2008 United States Billiard Association all rights reserved".
3. Warranty/Liability Disclaimer.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. BY USING THIS SITE, YOU SHALL BE DEEMED TO ASSUME ALL LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OR MISUSE OF THE SITE. USBA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, MEMBERS, AFFILIATES, CONTRACTORS, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE AND/OR ANY HYPERLINKED WEBSITES, OR SITE-RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM LOSS OF DATA, IRRESPECTIVE OF THE CAUSE OF SUCH LOSS OR DAMAGE. YOUR SOLE REMEDY FOR ANY DAMAGES SUFFERED BY YOU AS THE RESULT OF USING THIS SITE, INCLUDING SUCH DAMAGES AS DESCRIBED HEREIN, OR FROM YOUR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES, IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although USBA attempts to ensure the accurateness of the Site, it makes no guarantees whatsoever as to the accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. If you become aware of an inaccuracy, please inform USBA so that it can be corrected. Information contained on the Site may be changed or updated without notice.
4. Confidental and Proprietary Information.
USBA does not want to receive confidential or proprietary information from you through the Site except as expressly requested or as required to order its products or services, or products or services provided on this Site by third parties with the agreement of USBA. Please note that any information or material sent to USBA through the Site except as specified herein will be deemed NOT to be confidential.
5. Links to out Site.
If you desire to provide a hyperlink from your Website to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement.
6. Use of Public Forum.
The following are rules for posting material on the USBA Public Forum/Message Boards (herein, "Public Forum"):
Everyone is welcome to suggest new message threads that pertain to USBA and carom billiards.
You shall not upload, download, display, perform, transmit, post a hyperlink to, or otherwise distribute any content that (1) is libelous, defamatory, obscene, pornographic, abusive, threatening, or contains patently offensive remarks or ethnic or racial slurs, promotes bigotry, hatred or physical harm against any group or individual, or harasses or encourages harassment of another person; or (2) advocates or encourages conduct that does or could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. USBA may delete any postings which, in its sole discretion, it deems improper or otherwise in violation of these terms.
You shall obey the law and to respect the intellectual property rights of others. You shall not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You shall abide by the laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your registration identification. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
The advertising or "hawking" of any products is prohibited except that in the Public Forum you may sell or offer to sell billiards related products and services within the categories listed there. USBA may delete any posting in the Public Forum that, in its sole judgment, is not in compliance with these Terms, any guidelines for submission to the Public Forum stated in the Public Forum, or with the terms of our Privacy Policy. Posting for sale, selling or buying any item in the Public Forum is a type of activity in connection with the Site which subjects you to Paragraph 9 "Indemnity" below, and you are bound by the provisions of that Paragraph 9. As to any product or service purchased by you from any other person on the Public Forum, no warranty of any nature, including without limitation, respecting noninfringement, merchantability, or fitness for a particular purpose, or respecting the accuracy or completeness or usefulness of any such product or service, or respecting any information stated in the Public Forum with respect to such product or service, shall run to you from USBA, its officers, directors, employees, agents, representatives, members, affiliates, sponsors or contractors. Notwithstanding the preceding sentence, if a product or service is sold on the Public Forum by USBA, or any person or entity not in the person's or entity's capacity as an officer, director, employee, agent, representative, member, affiliate, sponsor or contractor of USBA, any warranties shall run only from the seller to you, and shall only exist or not exist as stated in the terms of such sale or as provided by law. Reference to any specific products or services by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by USBA. By purchasing any product or service from the Public Forum, you agree that your sole remedy for any breach of contract, personal injury, product liability, breach of warranty or any other claim, whether sounding in tort or contract, which results from, relates to, or arises from such purchase or such product or service, shall be directly against the person or entity from whom you purchased such goods or services.
We encourage creative, original and thought-provoking discussions. The Message Boards will not be a free forum for personal attacks on others who log onto these Boards.
USBA may delete any content that in the sole judgment of USBA violates these Terms. USBA assumes no responsibility for monitoring the Public Forum for inappropriate content or conduct. If at any time USBA chooses, in its sole discretion, to monitor the Public Forum, USBA nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of any user submitting such content.
You are solely responsible for the content that you post on or through the Public Forum, for any material or information that you transmit to other users, and for your interactions with other users. USBA does not endorse and has no control over the content. Content posted on or through the Public Forum is not reviewed by USBA prior to posting and does not reflect the opinions or policies of USBA. USBA makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit. Reference to any specific products, processes, or services by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement or recommendation by USBA, and no information or statements contained on this site's server be used for the purposes of advertising, or to imply an endorsement or recommendation.
Violators of this policy may be barred from access to our Public Forum. Adherence to these guidelines will ensure that all who visit will enjoy their experience on the USBA Public Forum.
7. Links or Pointers to Other Sites.
USBA makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-USBA Website, please understand that it is independent from USBA, and that USBA has no control over the content on that Website. In addition, a hyperlink to a non-USBA Website does not mean that USBA endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
8. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to USBA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
9. Indemnity.
You agree to indemnify, defend and hold harmless USBA and its officers, directors, employees, agents, representatives, members, affiliates, sponsors and contractors from and against any and all claims, actions, proceedings, liabilities, damages, losses, costs and expenses, including without limitation attorneys' fees, that arise directly or indirectly out of or from (i) your breach of these Terms; and/or (ii) your activities in connection with this Site.
10. Choice of Law and Venue.
These Terms are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara in the State of California and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.